(a) Authorization to establish.--If a police force of less than three full-time members is being maintained, the borough may, unless there is a private organization or association constituting and managing an existing pension fund for the members of the police force in the borough, by ordinance, establish a police pension fund into which each member of the police force shall pay an equal and proportionate monthly charge to be withheld from the pay of the member.
(b) Investment and insurance instruments as alternative.--In lieu of establishing a pension fund in accordance with subsection (a), the borough may, by ordinance, provide investment or insurance instruments for the purpose of the payment of pensions or annuities to the members of the police force who receive honorable discharge by reason of age or disability and to the families of police officers injured or killed in service.
(c) Administration.--
(1) All pension funds or investment or insurance instruments established under this section shall be under the direction of the council, or a committee as it may designate, and shall be applied under regulations as the council may, by ordinance, prescribe for the benefit of the members of the police force who receive honorable discharge by reason of age or disability and the families of police officers injured or killed in service.
(2) Council shall appoint by resolution a chief administrative officer who shall have the primary responsibility for the execution of the administrative affairs of the pension plan, subject to the direction of council.
(3) Any allowances made to individuals who retire by reason of disability or age shall be in conformity with a uniform scale.
(d) Eligibility.--The ordinance establishing the police pension fund shall prescribe a minimum period of total service, a minimum age or both after which members of the force may be eligible for retirement from active duty.
(e) Obligation of payments.--Payments made on account of police pensions shall not be a charge on any fund in the treasury of the borough or under its control except the police pension fund.
(f) Funding.--A borough establishing a police pension fund by ordinance under this section shall provide from any available borough revenue source funding of the police pension fund in an amount sufficient to meet the minimum obligation of the borough with respect to the police pension fund under the act of December 18, 1984 (P.L.1005, No.205), known as the Municipal Pension Plan Funding Standard and Recovery Act.
(g) Management.--
(1) A borough may take, by gift, grant, devise or bequest, any money or property, real, personal or mixed, in trust for the benefit of the police pension fund.
(2) The care, management, investment and disposal of the trust funds or property shall be vested in the officers as the borough shall direct by ordinance and shall be governed by the officers, subject to any directions not inconsistent with the ordinance as the donors of the funds and property may prescribe.
(h) Right to equal and proportionate share.--No person participating in the police pension fund and becoming entitled to receive a benefit from the fund may be deprived of the person's right to an equal and proportionate share of the fund upon the basis upon which the person first became entitled to the benefit.
(i) Applicable law.--The act of May 29, 1956 (1955 P.L.1804, No.600), referred to as the Municipal Police Pension Law, or the act of February 1, 1974 (P.L.34, No.15), known as the Pennsylvania Municipal Retirement Law, shall govern any borough police pension fund not established under the provisions of this section.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Title 8 - BOROUGHS AND INCORPORATED TOWNS
Chapter 11 - Powers, Duties and Rights of Appointed Officers and Employees
Section 1101 - Compensation, hours and days of work and outside employment
Section 1104 - Appointments and incompatible offices
Section 1105 - Compensation of certain employees
Section 1105.1 - Retirement benefits of employees transferred to authorities
Section 1106 - Bond and duties
Section 1107 - Assistant treasurer
Section 1112 - Assistant secretary
Section 1113 - Records open to inspection
Section 1116 - Solicitor to have control of legal matters
Section 1117 - Duties of solicitor and outside counsel
Section 1118 - Assistant solicitor
Section 1121 - Council's powers concerning police
Section 1122 - Police serving under cooperative agreement or contract
Section 1123.1 - Mayor's powers concerning police
Section 1124 - Suspension by mayor
Section 1127 - School crossing guards
Section 1131 - Police pension fund
Section 1132 - Private police pension funds and optional transfers
Section 1141 - Borough manager created by ordinance and election
Section 1142 - Powers and duties
Section 1143 - Other offices not incompatible
Section 1171 - Appointments of police and fire apparatus operators
Section 1172 - Civil service commission
Section 1173 - Offices incompatible with civil service commissioner
Section 1174 - Organization of commission
Section 1175 - Clerks, supplies and solicitor
Section 1176 - Rules and regulations
Section 1177 - Minutes and records
Section 1181 - General provisions relating to examinations
Section 1182 - Application for examination
Section 1183 - Rejection of applicant and hearing
Section 1184 - Eligibility list and manner of filling appointments
Section 1185 - Age and residency of applicants
Section 1186 - Probationary period
Section 1187 - Provisional appointments
Section 1189 - Physical and psychological medical examination
Section 1191 - Hearings on dismissals and reductions
Section 1192 - Employees exempted
Section 1193 - Discrimination on account of political or religious affiliations