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§ 53154.1. Investment of town funds

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 53 P.S. Municipal and Quasi-Municipal Corporations

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 53 P.S. Municipal and Quasi-Municipal Corporations
Part VII. Incorporated Towns (Refs & Annos)
Chapter 102. Officers (Refs & Annos)
53 P.S. § 53154.1
§ 53154.1. Investment of town funds
(a) The town council of every incorporated town shall have the power to:
(1) make investment of moneys in the General Fund and in special funds of the town other than the sinking funds as authorized by subsection (b);
(2) make investment of town sinking funds as authorized by the act of July 12, 1972 (P.L. 781, No. 185),1 known as the “Local Government Unit Debt Act”; and
(3) liquidate any such investment, in whole or in part, by disposing of securities or withdrawing funds on deposit.
Any action taken to make or to liquidate any investment shall be made by the officers designated by action of the town council.
(b) Council shall invest town funds consistent with sound business practice.
(c) Council shall provide for an investment program subject to restrictions contained in this act and in any other applicable statute and any rules and regulations adopted by council.
(d) Authorized types of investments for town funds shall be:
(1) United States Treasury bills.
(2) Short-term obligations of the United States Government or its agencies or instrumentalities.
(3) Deposits in savings accounts or time deposits, other than certificates of deposit, or share accounts of institutions insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation or the National Credit Union Share Insurance Fund or the Pennsylvania Deposit Insurance Corporation or the Pennsylvania Savings Association Insurance Corporation to the extent that such accounts are so insured, and, for any amounts above the insured maximum, provided that approved collateral as provided by law therefore shall be pledged by the depository.
(4) Obligations of the United States of America or any of its agencies or instrumentalities backed by the full faith and credit of the United States of America, the Commonwealth of Pennsylvania or any of its agencies or instrumentalities backed by the full faith and credit of the Commonwealth, or of any political subdivision of the Commonwealth of Pennsylvania or any of its agencies or instrumentalities backed by the full faith and credit of the political subdivision.
(5) Shares of an investment company registered under the Investment Company Act of 19402 whose shares are registered under the Securities Act of 1933,3 provided that the only investments of that company are in the authorized investments for town funds listed in paragraphs (1) through (4).
(6) Certificates of deposit purchased from institutions insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation or the National Credit Union Share Insurance Fund or the Pennsylvania Deposit Insurance Corporation or the Pennsylvania Savings Association Insurance Corporation to the extent that such accounts are so insured. However, for any amount above the insured maximum, such certificates of deposit shall be collateralized by a pledge or assignment of assets of the institution, and such collateral may include loans (including interest in pools of loans) secured by first mortgage liens on real property. Certificates of deposit purchased from commercial banks shall be limited to an amount equal to 20% of a bank's total capital and surplus. Certificates of deposit purchased from savings and loan associations or savings banks shall be limited to an amount equal to 20% of an institution's assets minus liabilities.
(7) Any investment authorized by 20 Pa.C.S. Ch. 73 (relating to fiduciaries investments) shall be an authorized investment for any pension or retirement fund.
(e) In making investments of town funds, council shall have authority:
(1) To permit assets pledged as collateral under subsection (d)(3), to be pooled in accordance with the act of August 6, 1971 (P.L. 281, No. 72),4 relating to pledges of assets to secure deposits of public funds.
(2) To combine moneys from more than one fund under town control for the purchase of a single investment, provided that each of the funds combined for the purpose shall be accounted for separately in all respects and that the earnings from the investment are separately and individually computed and recorded, and credited to the accounts from which the investment was purchased.
(3) To join with one or more other political subdivisions and municipal authorities in accordance with the act of July 12, 1972 (P.L. 762, No. 180),5 referred to as the Intergovernmental Cooperation Law, in the purchase of a single investment, provided that the requirements of paragraph (2) on separate accounting of individual funds and separate computation, recording and crediting of the earnings therefrom are adhered to.

Credits

1980, July 3, P.L. 372, No. 93, § 1, effective in 60 days. Amended 1982, Dec. 13, P.L. 1151, No. 264, § 1, effective in 60 days.

Footnotes

53 P.S. § 6780-1 et seq. (repealed); see 53 Pa.C.S.A. § 8001 et seq.
15 U.S.C.A. § 80a-1 et seq.
15 U.S.C.A. § 77a et seq.
72 P.S. § 3836-1 et seq.
53 P.S. § 481 et seq. (repealed); see 53 Pa.C.S.A. § 2301 et seq.
53 P.S. § 53154.1, PA ST 53 P.S. § 53154.1
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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