Header:
PENNSYLVANIA STATUTES
TITLE 16. COUNTIES
CHAPTER 2. SECOND CLASS COUNTY CODE
ARTICLE XVII. EMPLOYES' RETIREMENT SYSTEM
Date:
08/31/2009
Document:
NOTICE: As to repeal of this section where inconsistent with Act 1989, July 6, P.L. 169, No. 32, see § 2104 of said act.
§ 4710. Employes eligible for retirement allowances
(a) Every present or future county employe who has reached the age of sixty years or upwards and who has to his or her credit a period of service of eight years, but less than twenty years shall, upon application to the board, be eligible for retirement from service, and shall thereafter receive, during life, except as hereinafter provided, a retirement allowance computed on a service period of twenty (20) years which shall equal one twentieth ( 1/20 ) of such amount as he or she may be eligible to receive in accordance with the provisions of subsection (a) of section 1712, for each year's service which such county employe may have to his or her credit during the aforesaid period of time. The time spent in the employ of the county or county institution district need not necessarily have been continuous. The aforesaid retirement allowance shall be subject to a suspension thereof in accordance with the provisions of subsection (h) of this section 1710 and subsection (c) of section 1712.
(b) Every present or future county employe, other than a member of the police force or the fire department or a fire inspector or a sheriff or deputy sheriff, who has reached the age of sixty years or upwards and who has to his or her credit a period of service of twenty years or more, and every county employe who is a member of the police force or the fire department or a fire inspector, and who shall have been a county employe during a period of twenty or more years and has reached the age of fifty years or upwards shall, upon application to the board, be eligible for retirement from service, and shall thereafter receive, during life, except as hereinafter provided, a retirement allowance plus a service increment if any, in accordance with the provisions of section 1712. Every county officer or employe who is a sheriff, deputy sheriff, prison guard or probation officer who shall have been a county officer or employe during a period of twenty or more years and has reached the age of fifty-five years or upward, shall, upon application to the board, be eligible for retirement from service and shall thereafter receive, during life, except as hereafter provided, a retirement allowance in accordance with section 1712. The time spent in the employ of the county or county institution district need not necessarily have been continuous: Provided, That when any county employe has twenty or more years service, not necessarily continuous, and has not reached the age of sixty years or upwards, and shall be separated from the service of the county or county institution district by reason of no cause or act of his or her own, upon application to the board he or she shall thereafter receive, during life, except as hereinafter provided, a retirement allowance plus a service increment if any, in accordance with the provisions of section 1713. The aforesaid retirement allowance plus a service increment if any, shall be subject to a suspension thereof in accordance with the provisions of subsection (h) of this section 1710 and subsection (c) of section 1712.
(c) A person who became a county employe through the consolidation of a city institution district with a county institution district may have the period of his or her city employment credited as a county employe for all purposes under this article: Provided, That said person, between the twenty-second day of May, one thousand nine hundred forty-five, and the twenty-second day of May, one thousand nine hundred forty-six, shall have paid into the retirement fund the amount which he or she would have been required to pay into the said fund if such person had been a county employe from the date of his or her original employment with the city: And further provided, That the city by which the said person was formerly employed shall have paid into the retirement fund an amount equal to that paid into the said fund by the said person in accordance with the provisions of this article. Any present county institution district employe who, prior to the twenty-second day of May, one thousand nine hundred forty-five, was a city institution district employe and who did not make payments for previous service credit as a county employe between the aforesaid period of time as herein provided, may, prior to the first day of April, one thousand nine hundred fifty-six, make application to the board and, upon approval thereof, shall pay into the retirement fund a sum equal to twice the payment which such person would have been required to pay into the said fund had such person been a county employe from the date of his or her original employment with the city. In addition thereto, interest at the legal rate shall be paid from the date when such monthly payment would have been made. Both principal and interest shall be paid into the retirement fund at one time and in one amount or, upon approval of the board, both principal and interest shall be consolidated into one amount and paid in twelve or less equal monthly installments, plus interest payment on monthly balances. Full payment thereof shall be a condition precedent to the county employe being eligible to receive the benefits of the retirement allowances.
No person shall be eligible to receive the benefits for prior service under this subsection, who is a member of a retirement or pension system of any city of the second class.
If such county employe leaves the employ of the county institution district before he or she shall be eligible to receive the benefit of the retirement allowances, a refund of his or her contributions as paid into the retirement fund shall be made in accordance with the provisions of section 1714.
(d) Any county employe who on and after the sixteenth day of September, one thousand nine hundred forty, has been employed by the county or county institution district for a period of six or more months, and who, on or subsequent to such date, shall have enlisted or been inducted into military service of the United States in time of war or national emergency, so proclaimed by the President or the Congress of the United States, or any police action in which the United States is engaged, or shall serve in the military service of the United States during any armed conflict, shall have credited to his employment record, for retirement benefits, all of the time spent by him in such military service during the continuance of such war, armed conflict, national emergency or police action, if such person returns or has heretofore returned to his employment within one year after his separation from military service and such payments as are required to be made by such county employe into the county employes' retirement fund shall be paid into such fund by the county or county institution district, upon application by such county employe for retirement benefits. Any county employe who has been in military service and returned to the employ of the county or county institution district shall, within one year after the effective date of this article, file with the board a record of the time spent by him in such military service. Any county employe who has been in military service prior to the effective date of this article and has made payments into the county employes' retirement fund to secure for his employment record credit for his military service shall be reimbursed to the full extent of such payments by the board.
(e) Any person who became a county employe through the consolidation of a Department of Health of a city of the second class with a Department of Health of a county of the second class may have the period of his or her city employment credited as a county employe for all purposes under this article, including any credit for United States military service for which such person of said city has been given credit for retirement benefits. Such person shall, within three years from the effective date of the consolidation, make application to the board and, upon approval thereof, pay into the retirement fund the contributions which such person would have been required to pay into the fund had such person been a county employe from the date of his or her original employment in the city. The gross sum shall be paid into the retirement fund at one time and in one amount or, upon approval of the board, the gross sum shall be paid in twelve or less equal consecutive monthly installments. Full payment thereof, as well as the gross sum to be paid by the city as herein provided, shall be a condition precedent to the county employe being eligible to receive the benefits of the retirement allowances. The city by which such person was formerly employed shall pay into the retirement fund an amount equal to the gross sum as paid into the said fund by the former city employe in accordance with the provisions of this article. Included in said gross sum to be paid by such city, shall be an amount in payment for said employes' United States military service credit, if any, for retirement benefits, which amount shall be based on the contribution which such employe would have been required to pay into the retirement fund had he or she been a county employe during such period. The city is herewith authorized and empowered to make an appropriation out of the funds of the city to pay into the retirement fund the necessary amounts as herein provided.
If such county employe leaves the employ of the county before he or she shall be eligible to receive the benefits of the retirement allowances, a refund of his or her contributions as paid into the retirement fund, less the amount as paid by said city for United States military service credit, if any, for retirement benefits, shall be made in accordance with the provisions of section one thousand seven hundred fourteen.
(f) Any person who is an employe of any city of the third class, borough or township, and who is a member of a retirement or pension system established by such city of the third class, borough or township, who shall heretofore or hereafter be employed by a department of health of a county of the second class, may have the period of his or her employment in any of the aforesaid municipalities credited as a county employe for all purposes under this article, including any credit for United States military service for which such person of said municipalities has been given credit for retirement benefits. Such person shall, within three years from the date of his or her employment in the county department of health, make application to the board and, upon approval thereof, pay into the retirement fund the contributions which such person would have been required to pay into the fund had such person been a county employe from the date of his or her original employment in any of the aforesaid municipalities. The gross sum shall be paid into the retirement fund at one time and in one amount or, upon approval of the board, the gross sum shall be paid in twelve or less equal consecutive monthly installments. Full payment thereof as well as the gross sum to be paid by any city of the third class, borough or township or the retirement or pension board of such municipalities shall be a condition precedent to the county employe being eligible to receive the benefits of the retirement allowances. Any city of the third class, borough or township by which such person was formerly employed shall pay into the retirement fund an amount equal to the gross sum as paid into the fund by such former employe of any of the aforesaid municipalities in accordance with the provisions of this article. Included in said gross sum to be paid by such municipalities, shall be an amount in payment for such employes' United States military service credit, if any, for retirement benefits, which amount shall be based on the contribution which such employe would have been required to pay into the retirement fund had he or she been a county employe during such period.
Any city of the third class, borough or township is herewith authorized and empowered to make an appropriation out of the funds of such city of the third class, borough or township to pay into the retirement fund the necessary amounts as herein provided, or any of the aforesaid municipalities which have an established retirement or pension system, the retirement or pension board thereof shall certify to the county board, upon request, the period of service as set forth in the records of such municipal retirement or pension board, the period of service for which credit has been allowed such former municipal employe, and to transfer to the county retirement fund a sum equal to all contingent and annuity reserves and accumulated deductions as recorded to the credit of its former employe in its retirement or pension system as determined by the retirement or pension board of such municipality, for the purpose of establishing credit in the County Employes' Retirement System under which he or she may receive credit in said system as a county employe for services previously credited to him or her in the aforesaid municipal retirement or pension system. Upon receipt of the aforesaid request, the retirement or pension board of such municipalities shall make such certification and transfer of funds to the County Employes' Retirement System as herein provided.
If such county employe leaves the employ of the county before he or she shall be eligible to receive the benefits of the retirement allowances, a refund of his or her contributions as paid into the retirement fund less the amount as paid by such municipalities for United States military service credit, if any, for retirement benefits, shall be made in accordance with the provisions of section one thousand seven hundred fourteen.
(g) Any person who is an employe of the Department of Health of this Commonwealth and a member of the State Employes' Retirement Association, as provided by the act of June 27, 1923 (P.L. 858), its amendments and supplements, who has heretofore or shall hereafter be employed by a Department of Health of a county of the second class, may have the period of his or her former State employment credited as a county employe for all purposes under this article as hereinafter set forth.
Such person shall, upon employment in the county Department of Health, make application to the board within three years from the effective date of this amendment and, upon approval of said application, pay into the retirement fund the contributions which such person would have been required to pay into the fund had such person been a county employe from the date of his or her former employment in the Commonwealth as set forth in the records of the State Employes' Retirement Board.
The county board shall request the State Employes' Retirement Board to certify to it the period of service for which credit has been allowed, and to transfer to the county retirement fund a sum equal to all contingent and State annuity reserves and accumulated deductions as recorded to the credit of such former employe in the State Employes' Retirement Fund as determined by the State Employes' Retirement Board, for the purpose of establishing credit in the County Employes' Retirement System under which he or she may receive credit in said system as a county employe for services previously credited to him or her in the State Employes' Retirement Association. Upon receipt of the aforesaid request, the State Employes' Retirement Board shall make such certification and transfer of funds to the County Employes' Retirement System as herein provided.
If such county employe leaves the employ of the county before he or she shall be eligible to receive the benefits of the retirement allowances, a refund of his or her contributions as paid into the retirement fund shall be made in accordance with the provisions of section 1714.
(h)(1) Option I. Any present or future county employe who has not reached sixty years of age, and who has to his or her credit a period of at least the minimum number of years of service specified in subsection (a) of this section but less than twenty years of service, shall upon application to the board be eligible to receive at age sixty years a retirement allowance computed on a service period of twenty years, which shall equal one-twentieth of such amount as he or she may be eligible to receive in accordance with the provisions of subsection (a) of section 1712 for each year's service which such county employe may have to his or her credit during the aforesaid period of time. The time spent in the employ of the county or county institution district need not necessarily have been continuous.
(2) Option II. Any present or future county employe who has not reached sixty years of age, and who has to his or her credit a period of the minimum number of years of service specified in subsection (a) of this section but less than twenty years of service, shall upon application to the board be eligible to receive thereafter, a retirement computed on a service period of twenty years, which shall equal one-twentieth of such amount as he or she may be eligible to receive in accordance with the provisions of subsection (a) of section 1712 for each year's service which such county employe may have to his or her credit during the aforesaid period of time. Further, the above retirement allowance shall be subject to a reduction of one-half of one per centum for each month under the age of sixty years. In no event shall a retirement allowance be paid until the age of fifty-five years is attained. The time spent in the employ of the county or county institution district need not necessarily have been continuous. The aforesaid retirement allowance elected under Option I shall become null and void if said county or county institution district employe is reemployed prior to age sixty in accordance with the provisions of subsection (c) of section 1712.
(i) Upon application to the board, all members of the fund who are contributors and who served in the Armed Forces of the United States subsequent to September 1, 1940, or who become members of the retirement fund on or after the effective date of this act shall be entitled to have full military service credit for each of the most recent years of military service or fraction thereof, not to exceed three full years of such service; provided, they have a retirement credit of the minimum number of years specified in subsection (a) of this section or more. The formula to be followed for payment to the fund shall be in an amount equal to the maximum rate of contribution had they been members of the fund plus an additional amount as the equivalent of the county matching appropriation, plus interest, if applicable, at the rate of six per centum per year from the date of each year of credited military service to date of repayment or by applying the employe's basic contribution rate plus the county's normal contribution rate for active members at the time of entry, subsequent to such military service, of the employe into county service to his average annual rate of compensation over the first three years of such subsequent county service and multiplying the result by the number of years and fractional part of a year of creditable nonintervening military service being purchased, together with interest, if applicable, during all periods of subsequent county service to date of purchase. Should it be determined by the retirement board that verifiable compensation data is not available it shall have the discretion to determine which formula shall be used: Provided, That said member is not entitled to receive, eligible to receive now or in the future, or is receiving retirement benefits for such service under a retirement system administered and wholly or partially paid for by any other governmental agency or private industry. Both principal and interest, if applicable, shall be consolidated into one amount and paid. Full payment thereof shall be a condition precedent to receive the benefits of the retirement allowance. If the member pays the entire principal back within the three-year period immediately following attainment of the minimum number of years of service credit specified in subsection (a) of this section or within three years from the date this amendatory act takes effect for those who already have the minimum numbers of years of service credit specified in subsection (a) of this section, no interest will be charged. Otherwise, interest will be charged at the rate of six per centum per year from the date of each year of credited military service to date of repayment. Only those employes who are active members of the retirement fund on or after the effective date of this amendatory act shall be permitted to avail themselves of either of these programs.
(j) (1) Any person who was employed by an authority created by the county on or after June 10, 1968, pursuant to the act of May 2, 1945 (P.L. 382, No. 164), known as the "Municipality Authorities Act of 1945," for the purpose of assisting and encouraging local municipalities to undertake vital and necessary capital improvement projects that could not be financed or constructed with county assistance and who subsequently became an employe of the county may have the period of his employment with such authority credited as a county employe. The person shall make application to the board within three years of the effective date of this subsection and, upon approval of the application, shall pay into the retirement fund the amount which he would have been required to pay into the fund if he had been a county employe from the date of his original employment with the authority. The county shall pay into the retirement fund an amount equal to the amount paid in by the employe in accordance with the provisions of this article.
(2) Any person who was employed by an authority created by the county on or after February 14, 1950, pursuant to the act of May 24, 1945 (P.L. 991, No. 385), known as the "Urban Redevelopment Law," who participated in the Allegheny County Redevelopment Authority (ACRA) retirement plan and who subsequently became an employe of the county on or before January 1, 2001, may have the period of his employment with such authority credited as a county employe to reflect the employe's transfer of a governmental function, provided the person is not entitled to receive, eligible to receive now or in the future or currently receiving retirement benefits for such service under a retirement system administered and wholly or partially paid for by any other governmental agency or by any private employer. The person shall be required to transfer to the retirement fund an amount equal to the greater of the amount the person received from the ACRA plan plus interest at six per centum per annum from the date of the distribution from the ACRA plan to date of payment or an amount equal to the sums, both employe and county contributions, that would have been paid into the retirement fund had the person always been a member of the retirement fund plus interest at six per centum per annum from the date the sums would have been made to the retirement fund to date of payment. Upon written notification of the amount from the board, the person would be given a year to make the contribution. Interest from the date of notification to date of payment shall be charged at six per centum per annum.
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