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§ 895.902. Second class cities

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 53 P.S. Municipal and Quasi-Municipal CorporationsEffective: September 18, 2009

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 53 P.S. Municipal and Quasi-Municipal Corporations
Part I. General Municipal Law
Chapter 8C. Municipal Pension Plan Funding Standard and Recovery Act (Refs & Annos)
Chapter 9. Modification of Actuarial Funding Standard
Effective: September 18, 2009
53 P.S. § 895.902
§ 895.902. Second class cities
(a) Taxing authority.--In taxable years beginning after December 31, 2008, the following apply to a city of the second class which is a home rule municipality:
(1) The city may impose on each parking transaction in the city a tax at a rate not to exceed 37.5% of the cost of the transaction.
(2) If the Department of Community and Economic Development determines that the city has leased or sold all of its parking authority garages and that net proceeds from the lease or sale have been deposited into the Pennsylvania Municipal Retirement System and credited to the municipality's account and transmits notice of the determination to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin, in taxable years beginning after December 31, 2009, the city may impose on each parking transaction in the city an additional tax at a rate not to exceed 2.5% of the cost of the transaction.
(b) Use of revenue.--Notwithstanding any other law to the contrary, 6.75% of the revenue received under subsection (a)(1) and 100% of the revenue received under subsection (a)(2) shall be used to pay the city's minimum municipal obligation required under section 3021 and any interest accrued in any plan year.
(c) Mandatory administration by Pennsylvania Municipal Retirement Board.--A city of the second class that is determined to be in level III distress based upon the required actuarial valuation reports for a plan year beginning on January 1, 2011, shall transfer all existing benefit plans established by the city to the Pennsylvania Municipal Retirement Board solely for administration. The biennial actuarial valuation reports for the plan year beginning on January 1, 2011, shall be filed by the city with the commission by September 1, 2011. The transfer, if applicable, shall be accomplished within two years of the effective date of this subsection. Pension benefits and eligibility requirements shall continue to be subject to collective bargaining, if applicable. Such plans shall not be subject to the control or input of the board. No prior determination of level III distress based upon the required actuarial valuation reports for prior plan years shall result in transfer of the administration to the board. From and after a determination of level III distress based upon the required actuarial valuation reports for a plan year beginning on January 1, 2011, the biennial actuarial valuation report filed on behalf of the city shall utilize an actuarial assumption as to investment earnings equal to the regular interest rate fixed by the board plus 1.5%.

Credits

1984, Dec. 18, P.L. 1005, No. 205, § 902, added 2009, Sept. 18, P.L. 396, No. 44, § 15.1, imd. effective.

Footnotes

53 P.S. § 895.302.
53 P.S. § 895.902, PA ST 53 P.S. § 895.902
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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