53 Pa. Stat. § 895.1124

Current through P.A. Acts 2024-18
Section 895.1124 - Noncompliance
(a)General rule.--If a local government that established a DROP under section 1111(a) or the Pennsylvania Municipal Retirement Board that established a DROP under section 1111(c) fails to comply within 90 days with a finding by the Auditor General of noncompliance with this chapter or if the finding is appealed within 90 days of conclusion of the appeal process, the failure to comply shall be deemed sufficient refusal by the local government or the Pennsylvania Municipal Retirement Board to comply with its duty antecedent to the commencement of a mandamus action and the Auditor General shall refer the finding to the Attorney General.
(b)Mandamus action.--Upon receipt of the finding from the Auditor General, the Attorney General shall proceed in the name of the Commonwealth to institute a legal proceeding for mandamus and no other remedy at law shall be deemed to be sufficiently adequate and appropriate to bar the commencement of this action.

53 P.S. § 895.1124

1984, Dec. 18, P.L. 1005, No. 205, § 1124, added 2009, Sept. 18, P.L. 396, No. 44, § 19, imd. effective.