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§ 23564. Amount of pension; leaving service before retirement age; dismissal or termination of ...

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 III. Cities of the Second Class
Chapter 56. Employees
Article V. Pensions in General (Refs & Annos)
53 P.S. § 23564
§ 23564. Amount of pension; leaving service before retirement age; dismissal or termination of employment after 25 years service; total disability; medical examination; payments to beneficiary or estate; additional annuity
(a) During the lifetime of the person, he or she shall be entitled to receive a pension from the fund set aside for the purpose, in the amount hereinafter provided. The pension shall be paid in monthly payments. If any pension be granted to a person who has not been a contributor to the pension fund as herein provided, during a period of twenty years, such person shall be required to pay unto the board of pensions monthly an amount equal to such amount as he or she would have been required to contribute had he or she contributed during such period as required by this act, until such time as his or her contribution shall have extended during a period of twenty years. Should any person be dismissed, for reasons other than misconduct, after having served as an employe for fifteen years or more but less than twenty years, or should any person leave his position in order to accept appointment to a board of viewers or election or appointment to any elective office in or for the Commonwealth of Pennsylvania, after having served as an employe for a period of at least two-thirds of twenty years, but less than twenty years. Such employe shall have the right to elect to keep in the fund all contributions heretofore made to the fund, or if same has been withdrawn to repay the same back into the fund, and to continue making monthly payments to such fund in an amount equal to the amount last due and paid monthly while an employe. When such payments continue until the former employe has contributed to the fund for a total of at least twenty years, or until reaching the age of retirement, whichever is the longer, such person shall be entitled to receive a pension proportional to the pension which would have been received had the employe completed twenty years of service prior to dismissal, such proportion to be computed on the ratio which the employes' actual time of service in months bears to twenty years. Should any person so employed, after twenty years of service, be dismissed, voluntarily retire, or be in any manner deprived of his or her position or employment before attaining the age fixed for retirement by this act, upon continuing a monthly payment to the fund equal to the last amount due and paid monthly while in active service, the person shall be entitled to the pension above mentioned, notwithstanding he or she has not attained the age for retirement at the time of his or her separation from the service of such city; but the pension shall not commence until he or she has attained such age. Any employe, who has heretofore or shall hereafter be dismissed, voluntarily retire or be in any manner deprived of his or her position or employment, and who has been in the service of the city for a period of twenty-five (25) years or more, and who has made payments into the pension fund for a period of twenty (20) years or more, and who has reached the age of fifty (50) years shall, upon application to the board of pensions, receive the pension or compensation fixed by this act, during the remainder of his or her life. Any former employe of the department of health of such a city, who has been deprived of his or her position or employment as a result of the consolidation of the department of health of the city with the department of health of a county of the second class, and who had been in the service of the city for a period of twenty (20) years or more prior to January 1, 1957, and who has continued to make payments in a pension fund established by a city of the second class for twenty-five (25) years or more, and who has reached the age of fifty (50) years, shall, upon application to the board of pensions, receive the pension or compensation fixed by this act during the remainder of his or her life. Should any employe or former employe of the department of health of such city who has been transferred involuntarily into the department of health of a county of the second class, however, become totally and permanently disabled after fifteen years of service, he or she shall be entitled to the pension. If any employe who has served less than fifteen years becomes totally and permanently disabled by reason of injury sustained in the actual performance of duty, such employe shall be entitled to the pension. Proof of total and permanent disability shall consist of the sworn statement of three practicing physicians, designated by the board, that the employe is in a permanent condition of health which would totally disable him or her from performing the duties of his or her position or office. Once a year the board of pensions may require a disability pensioner to undergo a medical examination by three physicians appointed by the board, and should such physicians thereupon report and certify to the board that such beneficiary is no longer incapacitated and should the pension board concur in such report the pension to such beneficiary shall be discontinued.
(b) The pension paid to any employe pensioned prior to the first day of June, one thousand nine hundred fifty-one, shall not be less than one hundred thirty dollars nor exceed one hundred forty-seven dollars and fifty cents per month and shall not be computed on rate of pay in excess of two hundred and fifty dollars per month. The pension paid to any employe pensioned after the first day of June, one thousand nine hundred fifty-one and prior to the first day of July, one thousand nine hundred fifty-five, shall not be less than one hundred thirty dollars nor exceed one hundred eighty-five dollars per month and shall not be computed on rate of pay in excess of three hundred fifty dollars per month. The pension paid to any employee pensioned after the first day of July, one thousand nine hundred fifty-five, shall not be less than one hundred thirty dollars nor exceed two hundred forty-seven dollars and fifty cents per month and shall not be computed on rate of pay in excess of four hundred fifty dollars per month. The pension paid to any employe pensioned after the first day of July, one thousand nine hundred sixty-nine, shall not be less than one hundred thirty dollars per month nor exceed three hundred fifty-seven dollars and fifty cents per month and shall not be computed on rate of pay in excess of six hundred fifty dollars per month.
(b.1) Any employe who had been a member of the pension fund prior to the first day of June, one thousand nine hundred fifty-one, and who had retired or was pensioned prior thereto, and whose average salary for the last five years of his or her employment by the city was two hundred dollars per month or more but less than two hundred fifty dollars per month, shall have his or her pension computed on fifty-five per centum of his or her average salary during the aforesaid five-year period of time and shall be paid an additional sum of forty-seven dollars per month. Any employe who had been a member of the pension fund prior to the first day of June, one thousand nine hundred fifty-one, and who had retired or was pensioned prior thereto, whose average salary during the last five years of his or her employment with the city was two hundred fifty dollars per month or more, shall receive a pension of not more than one hundred forty-seven dollars and fifty cents per month and shall be paid an additional sum of forty-seven dollars per month.
(c) Any employe who is a member of the pension fund on the first day of June, one thousand nine hundred fifty-one, and who shall retire or be pensioned prior to the first day of July, one thousand nine hundred fifty-five, and whose average salary for the last five years of his or her employment by the city has been two hundred dollars a month or more but less than two hundred and fifty dollars per month, shall have his or her pension computed on fifty-five per centum of his or her average salary during the aforesaid five-year period of time and shall be paid an additional sum of forty-seven dollars per month. Any employe who is a member of the pension fund on the first day of June, one thousand nine hundred fifty-one, and who shall retire or be pensioned prior to the first day of July, one thousand nine hundred fifty-five, whose average salary during the last five years of his or her employment with the said city has been two hundred and fifty dollars per month or more, shall receive a pension of not less than one hundred forty-seven dollars and fifty cents per month and shall be paid an additional sum of forty-seven dollars per month. Any employe who is a member of the pension fund on the first day of July, one thousand nine hundred fifty-five, and who shall retire or be pensioned then or thereafter, and whose average salary for the last five years of his or her employment by the said city has been less than two hundred and fifty dollars per month, shall have his or her pension computed on sixty per centum of his or her average salary during the aforesaid five-year period of time, but in no event shall he or she receive a pension of less than one hundred thirty dollars per month. Any employe who is a member of the pension fund on the first day of July, one thousand nine hundred fifty-five, and who shall retire or be pensioned then or thereafter, and whose average salary for the last five years of his or her employment by the said city has been two hundred and fifty dollars or more per month, shall have his or her pension computed on fifty-five per centum of his or her average salary during the aforesaid five-year period of time. Any employe who is a member of the pension fund on the first day of July, one thousand nine hundred fifty-five, and who shall retire and be pensioned then or thereafter, and whose average salary for the last five years of his or her employment with the said city has been two hundred and fifty dollars or more per month, shall receive a pension of not less than one hundred and fifty-one dollars and twenty-five cents per month. An employe who retired or was pensioned on or before the thirty-first day of December, one thousand nine hundred and sixty-two and who receives a pension of two hundred seventy-five dollars or less a month, shall be paid an additional sum of fifteen dollars per month. In the event of the death of any person receiving a pension under this act, there shall be paid to such person or persons as he or she shall have designated in writing and filed with the board of pensions as his or her beneficiary or to his or her estate a lump sum representing the difference, if any, between the total contributions paid into the pension fund by him or her as an employe and the total pension payments received by him or her during his or her lifetime but such lump sum shall be paid only when such total contributions exceed the total pension payments made.
(d) Any employe who is a member of the pension fund on the first day of July, one thousand nine hundred and sixty-nine and who shall retire or be pensioned then or thereafter, shall receive the following pension benefits as determined by said employe's salary for the last five years of employment:
(1) An employe whose average salary for the last five years of his or her employment by the said city has been less than four hundred fifty dollars per month shall have his or her pension computed on sixty per cent of his or her average salary during the aforesaid five-year period of time, but in no event shall he or she receive a pension of less than one hundred thirty dollars per month.
(2) An employe whose average salary for the last five years of his or her employment by the said city has been four hundred fifty dollars or more per month shall have his or her pension computed on fifty-five per cent of his or her average salary during the aforesaid five-year period of time, but in no event shall he or she receive a pension of less than two hundred seventy dollars per month.
Any employe who is a member of the pension fund and is in the employ of the city on the first day of July, one thousand nine hundred sixty-nine, and was a member of said fund for the last five years and any member of the pension fund who has not attained the required age of retirement, but has continued monthly payments as provided in subsection (a) hereof shall have the option of contributing to the pension fund sufficient additional moneys to become eligible for the benefits included in this amendment.
(e) In addition to other benefits provided by this act, city council may, by ordinance, pay beneficiaries of the fund who retired on or before July 1, 1969 an additional sum of forty dollars ($40) per month.

Credits

1915, May 28, P.L. 596, § 4. Amended 1925, May 14, P.L. 742, § 2; 1927, March 31, P.L. 89, § 1; 1931, June 12, P.L. 550, § 2; 1933, April 26, P.L. 81, No. 53, § 1; 1939, May 17, P.L. 163, § 1; 1947, June 10, P.L. 524, § 1; 1949, May 14, P.L. 1361, § 1; 1951, July 19, P.L. 1091, § 1; 1951, Jan. 18 (1952), P.L. 2110, §§ 1, 2; 1953, Aug. 21, P.L. 1255, § 1; 1955, Aug. 9, P.L. 314, No. 125, §§ 1-3; 1956, Feb. 1, P.L. (1955) 983, § 1; 1957, May 15, P.L. 142, § 1; 1959, July 30, P.L. 584, § 1; 1959, Aug. 14, P.L. 727, § 1; 1959, Oct. 21, P.L. 1331, § 1; 1965, Aug. 10, P.L. 310, §§ 1, 2; 1965, Aug. 10, P.L. 315, § 1; 1967, Aug. 11, P.L. 216, § 1; 1969, June 12, P.L. 76, § 1; 1970, Jan. 14, P.L.(1969) 516, §§ 1, 2; 1972, March 3, P.L. 88, No. 32, § 1, imd. effective; 1973, Nov. 2, P.L. 319, No. 101, § 1; 1974, July 18, P.L. 478, No. 171, § 1.
53 P.S. § 23564, PA ST 53 P.S. § 23564
Current through Act 13 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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