53 Pa. Stat. § 770

Current through P.A. Acts 2023-32
Section 770 - Military service
(a) Any member of the police force employed by a borough, town, township or regional police department, who has been a regularly appointed employe of any such political subdivision or regional police department for a period of at least six months and who thereafter shall enter into the military service of the United States, shall have credited to his employment record for pension or retirement benefits all of the time spent by him in such military service, if such person returns or has heretofore returned to his employment within six months after his separation from the service.
(b) The ordinance or resolution establishing the police pension fund may provide full service credit for each year of military service or fraction thereof, not to exceed five years, to any member of the police force who was not employed by the political subdivision or regional police department prior to such military service. The amount due for the purchase of credit for military service other than intervening military service shall be computed by applying the average normal cost rate for borough, town, township and regional police pension plans as certified by the Public Employee Retirement Commission, but not to exceed ten per centum, to the member's average annual rate of compensation over the first three years of municipal 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 at the rate of four and three-quarters per centum compounded annually from the date of initial entry into municipal service to the date of payment.
(c) Any member of the police force shall be eligible to receive service credit for intervening or nonintervening military service as provided in subsections (a) and (b) provided that he 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 with the exception of a member eligible to receive or receiving military retirement pay earned by a combination of active duty and nonactive duty with a reserve or national guard component of the armed forces which retirement pay is payable only upon the attainment of a specified age and period of service under 10 U.S.C. Ch. 67 (relating to retired pay for non-regular service).
(d) Whenever two or more boroughs, cities, towns or townships establish a regional police department through an intermunicipal agreement under the act of July 12, 1972 (P.L. 762, No. 180), referred to as the Intergovernmental Cooperation Law, the participating boroughs, cities, towns or townships shall individually adopt ordinances establishing the regional police pension fund which shall have a uniform benefit structure consistent with this act. Any member of the police force of any of the boroughs, cities, towns or townships establishing the regional police department who is appointed as a member of the regional police force within six months of its establishment shall have credited to his employment record for pension or retirement benefit purposes all of the time spent by him as a full-time member of the police pension fund of the municipality. Prior to the adoption of the pension plan for the regional police department, the municipalities shall obtain an actuarial valuation report on the proposed pension plan. The actuarial valuation report shall be prepared under Chapter 2 of the act of December 18, 1984 (P.L. 1005, No. 205), known as the "Municipal Pension Plan Funding Standard and Recovery Act."
(e) If a borough, town or township disbands its police force and enters into an intermunicipal agreement with another borough, town or township for the provision of police services under the Intergovernmental Cooperation Law, the intermunicipal agreement may provide for the transfer of service credits for any active member of the disbanded police force who is employed on or after January 1, 1995, as a member of the police force providing police services to the borough, town or township that disbanded its police force, provided that the member is employed within six months of the effective date of the disbandment. If authorized in an intermunicipal agreement, the service credits transferred for each eligible member shall be equal to the total time spent by the member as a full-time member of the disbanded police force. The intermunicipal agreement providing for the transfer of service credits may provide for the transfer of assets from the police pension fund of the disbanded police force to the police pension fund of the police force of the borough, town or township providing the police services, provided that the amount of the assets transferred does not exceed the actuarial accrued liability of the transferred members as calculated by the actuary of the police pension fund of the police force of the borough, town or township providing the police services. The actuarial valuation prepared by the actuary shall be prepared under Chapter 2 of the "Municipal Pension Plan Funding Standard and Recovery Act."
(f) If a borough, town or township:
(1) executes an intermunicipal agreement to provide police services under subsection (e);
(2) subsequently re-establishes a police force; and
(3) re-employs one or more members of the police force of the other borough, town or township signing the intermunicipal agreement, that borough, town or township shall be entitled to receive from the police pension fund of the other borough, town or township the assets transferred under subsection (e) to the police pension fund of the other borough, town or township for each re-employed member. The borough, town or township may provide for the transfer of service credits for each re-employed member equal to the time spent as a full-time member of the police force of the other borough, town or township.

53 P.S. § 770

1956, May 29, P.L. (1955) 1804, No. 600, § 4. Amended 1990, Dec. 19, P.L. 1238, No. 205, § 1, effective in 60 days; 1996, May 10, P.L. 162, No. 33, § 5, imd. effective.