53 Pa. Stat. § 23609

Current through P.A. Acts 2023-32
Section 23609 - Agreement signed by members; contributions; payments; service credit

Any individual eligible to membership in such fund, as aforesaid, shall be required--

(1) To sign an acceptance of the provisions of this act, which acceptance shall contain an agreement, on the part of the one so signing, that upon resignation or dismissal from the employ of said bureau of fire, he shall thereby relinquish and forfeit all rights to participate in said fund; and no employment shall be granted an applicant to a position which would make him eligible as a member of said fund until such acceptance and agreement is signed by him.
(2) To contribute to said fund six per centum of his rated monthly wages, which shall be deducted from his wages by the city controller from the payroll for the last pay period of each month, and paid into the fund. All beneficiaries of the fund shall, in addition thereto, pay the sum of one dollar a month into the said fund, and in the case of active members, the city controller shall deduct said contribution from the payroll of the last pay period of each month and the secretary of the fund shall deduct the sum of one dollar from the pension paid each pensioner. The amount so collected shall be paid into the firemen's relief and pension fund and out of the funds of the firemen's relief and pension fund there shall be paid to the beneficiary of any deceased member of the fund, the sum of one thousand two hundred dollars.

When any member of the fund shall resign or be dismissed from service there shall be paid to him from the fund a sum of money equal to all dues paid by him into the fund, without interest. When any member of the fund shall die in active service there shall be paid from the fund a sum of money equal to all dues paid by him into the fund, without interest, to his widow, if there be such widow, or in the absence of such widow to such person or persons as he shall have designated on a form prepared and approved by the board for such purpose, or in the absence of such widow and such designation to his estate. When any beneficiary shall die before he has received pension payments equal in amount to his total contributions to the fund, there shall be paid a sum of money equal to the difference between the amount of his said contributions and the amount he shall have received as pension payments, without interest, to his widow, if there be such widow or in the absence of such widow to such person or persons as he shall have designated on a form prepared and approved by the board for such purpose, or in the absence of such widow and such designation to his estate.

In addition when any member of the fund shall die as a result of injuries incurred while in the performance of his duties, there shall be paid to his widow from the fund monthly sums in amounts which, together with any payments received under "The Pennsylvania Workmen's Compensation Act" or "The Pennsylvania Occupational Disease Act," will be equal to fifty per centum of his salary at the time of his death. Such monthly payments shall continue for five hundred weeks, or until the widow shall remarry, or until her death, whichever shall first occur.

In the event there are surviving children but no widow, or after the payments herein provided for the widow have been discontinued by reason of the end of the five hundred week period or her remarriage or death, each unmarried child of the deceased member under the age of eighteen years shall thereafter receive payments equal to twenty-five per centum of the payments above provided for the widow, but in no case shall total payments to one family be more than fifty per centum of his salary at the time of his death. Where there is only one child, the minimum monthly payments shall be sixty dollars. Where the maximum amount is payable, it shall be divided equally among the children entitled thereto. The payments for each child shall terminate upon his reaching the age of eighteen years or his marriage or death: Provided, That the board may continue indefinitely payments to a dependent incompetent child. These payments shall consist of any payments received under "The Pennsylvania Workmen's Compensation Act" or "The Pennsylvania Occupational Disease Act," supplemented by the necessary amounts from the pension fund. In the event there are no surviving children or no widow entitled to receive the payments provided for in this act, any dependent parents of the member shall receive the payments the widow would have received had she survived and not remarried.

Regular employes shall serve at least fifteen days in each month and appear on all payrolls of said bureau of fire in said month in order to be credited for one month's service for pension under this act. In the event, however, that such regular employe served one or more days in any month while serving as a substitute employe prior to becoming a regular employe, such regular employe shall be given a full month's credit for the day or days in every month so served as a substitute: Provided, That the dues for each month so credited are paid in full.

Payments to the widows and children of members killed while on duty shall first be made on and after July 1, 1959.

53 P.S. § 23609

1933, May 25, P.L. 1050, § 9. Amended 1939, May 12, P.L. 129, § 1; 1945, May 18, P.L. 691, § 1; 1947, April 25, P.L. 126, § 1; 1949, May 13, P.L. 1328, No. 396, § 1; 1951, May 22, P.L. 328, § 2; 1955, June 28, P.L. 206, No. 65, § 1; 1959, June 2, P.L. 455, § 1; 1959, Aug. 14, P.L. 711, § 1; 1959, Dec. 18, P.L. 1934, § 1; 1961, May 15, P.L. 205, § 1; 1961, June 19, P.L. 473, § 1; 1965, Nov. 9, P.L. 679, No. 333, § 2; 1974, Oct. 10, P.L. 730, No. 247, § 1, imd. effective.