53 Pa. Stat. § 13434

Current through Pa Acts 2024-53, 2024-56 through 2024-111
Section 13434 - Amount of pension; person contributing less than 20 years; leaving employment before reaching 60; total disability

During the lifetime of the said person he or she shall be entitled to receive a pension, from the fund set aside for the purpose, of fifty per centum of the amount which would constitute the average rate of pay at which he or she was employed during the highest salaried five years of his or her employment by the said city, or other public employment, as aforesaid. Said pension shall be paid in monthly payments: Provided, That 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 into the board of pensions, monthly, an amount equal to four per centum of his or her pension, until such time as his or her contribution shall have extended during a period of twenty years. Should any person so employed, after twenty years of service, be dismissed, voluntarily retire, or be in any manner deprived of his position or employment, before attaining the age of sixty years, upon continuing a monthly payment to the fund equal to the last amount due and paid monthly while in active service, said person shall be entitled to a pension above mentioned, notwithstanding he or she has not attained the age of sixty years at the time of his or her separation from the public service; but said pension shall not commence until he or she has attained the age of sixty years. Should any employe, however, become totally and permanently disabled while in the service, after twenty years of service and before attaining the age of sixty years, he or she shall be entitled to the said 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: Provided, That in cases where the nature of such disability is such as to disable the employe from performing any work whatsoever, either within or without the scope of his regular duties or within or without the service of such city or county, the board may, upon a recommendation of the three practicing physicians herein provided for, retire upon pension such applicant after a service of fifteen years: Provided further, That the benefits of this amendment shall apply to members of the pension fund who have been contributors to the said fund for five years or more. The pension paid to any one employe whose monthly payments into the pension fund have been four dollars or less a month, shall not exceed one hundred dollars per month. The pension paid to any one employe whose monthly payments into the pension fund have been more than four dollars a month for a period of at least two years, may exceed one hundred dollars per month, but shall not exceed two hundred dollars per month: Provided, That if an employe, upon the date of retirement from service, shall have made payments of more than four dollars a month unto the pension fund for a period of less than two years, his or her pension shall not exceed one hundred dollars per month, but an amount equal to the total amount paid in excess over four dollars a month shall be returned to such employe.

The pension to be paid to any former who was dismissed, voluntarily retired, or in any manner was deprived of his position and employment, after having twenty years of service as an employe of said city, and who had continued making payments to the fund equal to the last amount due and paid monthly while in active service, and who has not accepted any pension under the provisions of the act to which this is an amendment, shall be at the pension rate as provided in section five, and his payments to the board of pensions after the first day of September, one thousand nine hundred forty-five, shall be in an amount equal to the amount which he would have been permitted to make had he continued in the employ of said city after the first day of September, one thousand nine hundred forty-five, and had continued to be paid the same salary as he received when he was last employed by said city. This new amount, whether it be more, less, or the same as, the amount which he paid prior to the first day of September, one thousand nine hundred forty-five, he shall continue to pay until he applies for a pension under the provisions of this act. If there be any difference between the amount which he has paid from the first day of September, one thousand nine hundred forty-five, and the amount which he has elected to pay under the provisions of section five, he shall pay such difference into the board of pensions on or before the first day of December, one thousand nine hundred fifty-one.

53 P.S. § 13434

1915, May 20, P.L. 566, § 4. Amended 1917, July 5, P.L. 689, § 2; 1923, May 7, P.L. 137, § 1; 1945, May 8, P.L. 443, § 1; 1947, April 2, P.L. 52, § 1; 1949, May 2, P.L. 852, § 1; 1951, Jan. 21 (1952), P.L. 2184, § 1.