53 Pa. Stat. § 23654

Current through P.A. Acts 2023-32
Section 23654 - Amount payable upon resignation, dismissal or death of member

When any member of the fund shall resign or be dismissed from service, or shall die while in active service, there shall be paid to the member or the surviving spouse of the member, and if no spouse survive, to his or her executor or administrator, if his or her service has been terminated by death, from the fund, all dues paid by the member into the fund without interest, and all monies which the fund may have received under any assignment made by the said member to the fund at the time of his or her admission to membership, under the provisions of subsection (3) of section 8 hereof.

In addition, when any member of the fund shall die as a result of injuries received while in the performance of his or her duties, there shall be paid to the member's surviving spouse 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 (50%) of his or her salary at the time of his or her death. Such monthly payments shall continue for five hundred (500) weeks, or until the death of the surviving spouse, whichever shall first occur.

In the event there are surviving children but no surviving spouse, or after the payments herein provided for the surviving spouse have been discontinued by reason of the end of the five hundred (500) week period or his or her death, each child of the deceased member under eighteen (18) years of age shall thereafter receive payments equal to twenty-five per centum (25%) of the payments above provided for the surviving spouse, but in no case shall total payments to one family be more than fifty per centum of his or her salary at the time of his or her death. Where there is only one child, the minimum monthly payments shall be sixty dollars ($60). 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 (18) years, or his marriage or death: Provided, That the board shall continue indefinitely payments to a dependent incompetent child. The payments shall consist of any payments received under "The Pennsylvania Workmen's Compensation Act" or " The Pennsylvania Occupational Disease Act," supplemented by the necessary amount from the pension fund.

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

In the event there are no surviving children or no surviving spouse entitled to receive the payments provided for in this act, any dependent parents of the member shall receive the payments the surviving spouse would have received had he or she survived.

53 P.S. § 23654

1935, May 22, P.L. 233, § 11. Amended 1947, June 25, P.L. 919, § 1; 1959, June 2, P.L. 457, § 1; 1959, July 29, P.L. 582, § 1; 1959, Dec. 18, P.L. 1936, No. 705, § 1; 1961, June 19, P.L. 476, § 1; 1965, Nov. 9, P.L. 687, § 4; 2006, Oct. 27, P.L. 1202, No. 130, § 1, effective in 60 days [Dec. 26, 2006].