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BillENACTED

Bill 040326

Amending Title 22 of The Philadelphia Code, entitled "Public Employees Retirement Code," by amending Chapter 22-400, entitled "Disability Benefits" by amending Section 22-401 relating to service-connected disability retirement benefits and Section 22-402 relating to ordinary disability retirement benefits to delete provisions related to a reduction in benefits for gainful employment, all under certain terms and conditions.

Introduced Apr 1, 2004Committee on Labor and Civil ServiceOfficial record: City of Philadelphia via Legistar

Introduced by

Councilmember Kenney

From the floor

Passages in the official transcripts that cite this file number. Every quote links to its exact place in the record.

  1. “A resolution calling upon the Board of Pensions and Retirement to administer the pension and retirement system in accordance with Bill Number 040326 which eliminated the income offset provisions for disabled City pensioners. And if the Pension Board refuses to follow the provisions of Bill Number 040326, authorizing Council to retain counsel to file a lawsuit to compel the Pension Board to do so.”

    Chief Clerk · Stated Meeting, May 5, 2005 · May 5, 2005 · official transcript, this passage

  2. “Thank you. Resolution Nos. 050078, 050079, 050080, and 050081 will be considered at the end of today's Calendar. Council will now proceed under a special of business to the reconsideration of Bill No. 040326. This bill was passed by the Council at its January 25, 2005 Session and was returned disapproved by the Mayor on February 10, 2005. At this time, the Chair recognizes Councilman Kenney.”

    Council President Verna · Stated Meeting, February 17, 2005 · Feb 17, 2005 · official transcript, this passage

  3. “Thank you, Madam President. I move that Council reconsider Bill No. 040326, which was approved by City Council on January 25, 2005. (Duly seconded.)”

    Councilman Kenney · Stated Meeting, February 17, 2005 · Feb 17, 2005 · official transcript, this passage

  4. “Thank you, Madam President. This past week I circulated a memo to my colleagues explaining my position on the bill vis-a-vis the Mayor's veto. I'd like to take the opportunity to read it. It's a very short memo, but I think the record should be clear of the position of the sponsor of the bill. So with your approval, I'd just like read this memo into the record. Thank you. "As you know, last Thursday, February 10th, t…”

    Councilman Kenney · Stated Meeting, February 17, 2005 · Feb 17, 2005 · official transcript, this passage

  5. “It has been moved and seconded that Council reconsider Bill No. 040326. All in favor will indicate by saying aye. (Aye.)”

    Council President Verna · Stated Meeting, February 17, 2005 · Feb 17, 2005 · official transcript, this passage

  6. “The motion carries. Council will now reconsider the vote by which Bill No. 040326 was passed. The Chief Clerk will please read the bill. THE”

    Council President Verna · Stated Meeting, February 17, 2005 · Feb 17, 2005 · official transcript, this passage

Status timeline

  1. Apr 1, 2004Referred · CITY COUNCIL
  2. Apr 1, 2004Introduced · CITY COUNCIL
  3. Nov 4, 2004HEARING NOTICES SENT · Committee on Labor and Civil Service
  4. Dec 14, 2004HEARING NOTICES SENT · Committee on Labor and Civil Service
  5. Dec 14, 2004HEARING HELD · Committee on Labor and Civil Service
  6. Dec 14, 2004REPORTED FAVORABLY, RULE SUSPENSION REQUESTED · Committee on Labor and Civil Service
  7. Dec 16, 2004ORDERED PLACED ON THIS DAY`S FIRST READING CALENDAR · CITY COUNCIL
  8. Dec 16, 2004SUSPEND THE RULES OF THE COUNCIL · CITY COUNCIL
  9. Dec 16, 2004ORDERED PLACED ON NEXT WEEK`S SECOND READING CALENDAR · CITY COUNCIL
  10. Jan 25, 2005READ · CITY COUNCIL
  11. Jan 25, 2005PASSED · CITY COUNCIL
  12. Feb 10, 2005VETOED · MAYOR
  13. Feb 17, 2005RECONSIDERED · CITY COUNCIL
  14. Feb 17, 2005READ · CITY COUNCIL
  15. Feb 17, 2005VETO OVERRIDDEN · CITY COUNCIL

Official documents

Documents open on the City of Philadelphia’s legislative site.

Full text

Read the full text as published

..Title Amending Title 22 of The Philadelphia Code, entitled "Public Employees Retirement Code," by amending Chapter 22-400, entitled "Disability Benefits" by amending Section 22-401 relating to service-connected disability retirement benefits and Section 22-402 relating to ordinary disability retirement benefits to delete provisions related to a reduction in benefits for gainful employment, all under certain terms and conditions. ..Body THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS: SECTION 1. Title 22 of The Philadelphia Code, entitled "Public Employees Retirement Code," is hereby amended as follows: TITLE 22. PUBLIC EMPLOYEES RETIREMENT CODE. * * * CHAPTER 22-400. DISABILITY BENEFITS. §22-401. Service-Connected Disability Retirement Benefits. * * * (4) Benefit Amount. Upon retirement for service-connected disability, a member shall receive an annual retirement benefit equal to seventy percent (70%) of the member's final compensation, as it may be adjusted by §22-401(5) and §22-306, subject to the provisions of §22-403 (Reexamination of Disabled Members). . . . * * * [(c) If a disabled member (other than a Fire Employee or Sheriff's Department employee specifically referenced in §22-401(3)) is or becomes engaged in a gainful occupation, other than by reemployment with the City, then the amount of the member's monthly disability benefit shall be reduced by one (1) dollar for every three (3) dollars the member earns monthly in such gainful occupation. Such offset shall cease at age sixty-five (65). A member who is receiving benefits under this section shall provide the Board with a copy of the federal income tax return with respect to any tax year in which the member received such benefits by the first of May in the year following such tax year. The Board may suspend the benefits of a member who refuses to do so, provided that benefit payments shall not cease until the resolution of any appeal to the Board. (d) Hero exemption. (.1) Subsection (c) shall not apply to police members who receive service-connected disability retirement benefits either as an immediate result of the violent conduct of a third party that was directed toward the officer or a member of the public or as an immediate result of performing other heroic action in an emergency situation in the line of duty. (.2) The Board shall in its sole discretion determine eligibility for this exemption. In this regard the Board may adopt regulations to define terms and provide for procedures.] (5) "Final compensation." . . . §22-402. Ordinary Disability Retirement Benefits. * * * [(6) Reduction of benefits. Notwithstanding any other provision in this section, should a disabled member (other than a Fire Employee or Sheriff's Department employee referenced in §22-401(3)) receiving ordinary disability benefits be or become engaged in a gainful occupation, then the amount of the monthly disability benefits shall be reduced by one (1) dollar for every two (2) dollars earned. This offset shall cease when the member reaches retirement age under the member's coverage plan. A member who is receiving benefits under this section shall provide the Board with a copy of the federal income tax return with respect to any tax year in which the member received such benefits, by the first of May in the year following such tax year. The Board may suspend for the period of noncompliance benefit payments to any member who refuses to do so provided that benefit payments shall not cease until the resolution of any appeal to the Board.] SECTION 2. Repeal. To the extent inconsistent with this ordinance, the Ordinance of July 12, 1993 (Bill No. 589), 1993 Ordinances at 1034, is repealed. SECTION 3. Effective Date. This Ordinance shall be effective retroactive to July 12, 1993. ___________________________________ Explanation: [Brackets] indicate matter deleted. Italics indicate new matter added. ..End ?? ?? ?? ?? 3