Section 23656 - Eligibility to receive pension; reinstatement; return to dutyMembers of the fund shall be eligible to receive pensions from said fund as follows--
(1) A member, who has been admitted into membership under the provisions of sub-section (4) of section 8 hereof, shall at once and automatically be entitled to receive a pension as hereinafter stipulated.(2) A member, who has been admitted to membership in this fund within sixty days from the effective date of this act, under the provisions of sub-section (2) or sub-section (3) of section 8 hereof, shall be entitled to receive a pension from this fund, upon written application of such member, stating his desire to withdraw from service in said city, or that his employment by the said city has been terminated, and showing that such member has rendered at least twenty years' service to the said city, at least one year of which was immediately prior to his application; but which need not have been otherwise continuous service. Such service shall total twenty years and shall include service in the armed forces of the United States in time of war: Provided, That the board of managers, for good cause shown to their satisfaction, may permit a member, who has been admitted to membership more than sixty days after the effective date of this act, to go on pension upon filing a written application, containing the statements prescribed by this sub-section.(3) Any member, who has become a member of this fund, under the provisions of sub-section (1) of section 8 hereof, or who has been admitted to membership under the provisions of sub-section (2) or sub-section (3) of section 8 hereof, more than sixty days after the effective date of this act, shall be entitled to receive a pension from said fund upon written application of such member, stating his desire to withdraw from service in said city or that his employment by the said city has been terminated, and showing that such member has attained the age of fifty years and has rendered at least twenty years' service whether or not continuous to the said city and shall include service in the armed forces of the United States or active service in the Pennsylvania State Militia when said militia has been mobilized for internal police duty whether such armed forces or militia service occurs prior to or during such city service not to exceed three years. Each member desiring such credit shall be required to pay to the fund an amount equal to five per centum of the salary or wages he or she would have earned had he or she been a member of the Bureau of Police during the period of military service, with interest at the rate of five per centum of the amount paid into the fund.(4) Any member, who, while a member of the fund, is injured in the line of duty and disabled through such injury, shall be entitled to receive a pension from the fund created by this act, upon written application of such member, stating such facts and further showing that such disability continues, and that the applicant is no longer entitled to payments from the city under the provisions of the Workmen's Compensation Act and its amendments. Upon approval of the board, such member of the fund shall become a beneficiary thereunder.(5) In addition to applicants eligible for pension pursuant to section 11 of this act, any member, who has been admitted to membership in this fund, who has become totally and permanently disabled after ten years of service, shall be entitled to said pension. Any member who has become totally and permanently disabled by reason of injury sustained in the actual performance of duty, shall be entitled to such pension. Such service shall include service in the armed forces of the United States in time of war, armed conflict, or active service in the Pennsylvania State Militia, when it has been mobilized for internal police duty whether such armed forces or militia service occurs prior to or during such service. 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. Once a year, the board of pensions may require a disability pensioner to undergo, or the disability pensioner may demand, a medical examination by three physicians appointed by the board and approved by the civil service commissioners, and should such physicians thereupon report and certify to the board that such beneficiary is no longer incapacitated, and should the pension board concur in such report, the pension payments to such beneficiary shall be discontinued, and the beneficiary shall be reinstated to the position he formerly held or be returned to active duty in the next vacancy that occurs: Provided, That the beneficiary has been found to be fully qualified to perform the duties required in the position to which reinstatement or appointment is made.Payments for disability shall be made on or after July 1, 1959.
1935, May 22, P.L. 233, § 13. Amended 1947, June 25, P.L. 919, § 1; 1949, May 11, P.L. 1224, § 1; 1955, June 28, P.L. 210, § 2; 1959, May 13, P.L. 314, § 1; 1959, Aug. 14, P.L. 714, § 1; 1961, June 19, P.L. 458, § 1; 1965, Nov. 9, P.L. 687, No. 334, § 6; 1974, Oct. 10, P.L. 738, No. 248, §§ 1,2.