The following words and phrases when used in this chapter shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:
"Act." Includes a failure to act.
"Commonwealth party." A Commonwealth agency and any employee thereof, but only with respect to an act within the scope of his office or employment.
"Employee." Any person who is acting or who has acted on behalf of a government unit whether on a permanent or temporary basis, whether compensated or not and whether within or without the territorial boundaries of the government unit, including any volunteer fireman and any elected or appointed officer, member of a governing body or other person designated to act for the government unit. Independent contractors under contract to the government unit and their employees and agents and persons performing tasks over which the government unit has no legal right of control are not employees of the government unit.
"Injury." Includes death.
"Judicial determination." Any determination by a court of competent jurisdiction including any settlement approved by such court.
"Local agency." A government unit other than the Commonwealth government. The term includes, but is not limited to, an intermediate unit; municipalities cooperating in the exercise or performance of governmental functions, powers or responsibilities under 53 Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental cooperation); and councils of government and other entities created by two or more municipalities under 53 Pa.C.S. Ch. 23 Subch. A.
(Dec. 20, 2000, P.L.946, No.129, eff. 60 days)
2000 Amendment. Act 129 amended the def. of "local agency."
Prior Provisions. Former section 8501 was added April 28 1978, P.L.202, No.53, and repealed October 5, 1980, P.L.693, No.142. The subject matter of former section 8501 is now contained in section 8502 of this title.
Cross References. Section 8501 is referred to in sections 1123, 1515, 8332.3 of this title; section 1711 of Title 74 (Transportation).
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
Chapter 85 - Matters Affecting Government Units
Section 8502 - Enforcement proceedings
Section 8521 - Sovereign immunity generally
Section 8522 - Exceptions to sovereign immunity
Section 8523 - Venue and process
Section 8525 - Legal assistance
Section 8526 - Counterclaim by the Commonwealth
Section 8527 - Indemnity relating to inmate health care
Section 8528 - Limitations on damages
Section 8553 - Limitations on damages
Section 8541 - Governmental immunity generally
Section 8542 - Exceptions to governmental immunity
Section 8545 - Official liability generally
Section 8546 - Defense of official immunity
Section 8547 - Legal assistance
Section 8549 - Limitation on damages
Section 8550 - Willful misconduct
Section 8557 - Judgment as a bar
Section 8558 - Judgments against insured local agency
Section 8559 - Judgments against self-insured local agency and those not fully insured