16 Pa. Code § 203.1 - Municipalities required to file actuarial valuation reports with the Commission

(a) Distribution of reporting forms.

(1) A municipality shall complete and file with the Commission Form PC-200, Act 205 Questionnaire and Reporting Form Request. The chief administrative officer of the municipality shall certify on Form PC-200 the pension coverage provided by the municipality for each potential category of municipal employe: police, paid firefighter and nonuniformed employe. If, for a category of employe, the chief administrative officer of the municipality certifies that no pension coverage is provided, no further reporting applicable to that category of employe is required.

(2) On the basis of the information obtained from Form PC-200, the Commission will send the applicable reporting forms to the municipality for use in preparing an actuarial valuation report on the employe pension plans established and maintained by the municipality.

(3) The reporting forms shall include the following:

(i) Form PC-201A-Actuarial Valuation Report: Police Pension Plan Without Defined Benefits.

(ii) Form PC-202A-Actuarial Valuation Report: Fire Pension Plan Without Defined Benefits.

(iii) Form PC-203A-Actuarial Valuation Report: Nonuniformed Pension Plan Without Defined Benefits.

(iv) Form PC-201B-Actuarial Valuation Report: Police Pension Plan With Fully Insured Defined Benefits.

(v) Form PC-202B-Actuarial Valuation Report: Fire Pension Plan With Fully Insured Defined Benefits.

(vi) Form PC-203B-Actuarial Valuation Report: Nonuniformed Pension Plan With Fully Insured Defined Benefits.

(vii) Form PC-201C-Actuarial Valuation Report: Police Pension Plan With Defined Benefits.

(viii) Form PC-202C-Actuarial Valuation Report: Fire Pension Plan With Defined Benefits.

(ix) Form PC-203C-Actuarial Valuation Report: Nonuniformed Pension Plan With Defined Benefits.

(b) Requirement to file actuarial valuation reports and experience investigations.

(1) A municipality shall file a complete actuarial valuation report with the Commission for a pension plan established and maintained by the municipality for its police officers, firefighters and nonuniformed employes.

(i) A complete actuarial valuation report consists of an original reporting form supplied by the Commission that is the applicable type of reporting form for the subject pension plan and that has been completed in accordance with the instructions of the Commission.

(ii) An actuarial valuation report required under section 201(a) of the act (53 P. S. § 895.201(a)) shall be filed in compliance with the filing date specified in section 201(b).

(2) A municipality shall file a quadrennial experience investigation with the Commission for an employe pension plan established or maintained by the municipality that has an active, vested inactive and benefit recipient membership equal to or greater than 1,000 as determined at the beginning of the plan year occurring in 1985 and every fourth year thereafter.

(i) The experience investigation shall be prepared in compliance with the requirements of section 203 of the act (53 P. S. § 895.203).

(ii) The experience investigation shall accompany the actuarial valuation report for the pension plan and shall be filed in compliance with the filing date specified in section 201(c) of the act.

(c) Receipt of actuarial valuation reports.

(1) The Commission will receive an actuarial valuation report or experience investigation mailed to the following address: Commonwealth of Pennsylvania, Public Employee Retirement Study Commission, Post Office Box 1429, Harrisburg, Pennsylvania 17105-1429.

(2) The Commission will accept as timely filed a complete actuarial valuation report or experience investigation which bears a United States Postal Service postmark dated on or before the applicable filing date specified in section 201 of the act.

(d) Notification of noncompliance. If an actuarial valuation report or an experience investigation is received by the Commission and is not in compliance with the requirements of the act or if a reporting form is received by the Commission and is not in compliance with the instructions of the Commission, the Commission will notify the municipality of the noncompliance within a reasonable time after the date of the Commission's receipt of the actuarial valuation report, experience investigation or reporting form.

(e) Procedure for obtaining delinquent actuarial valuation reports and experience investigations.

(1) Delinquent actuarial valuation reports and experience investigations.

(i) An actuarial valuation report is delinquent if a complete actuarial valuation report is not filed by the filing deadline specified in section 201(b) of the act.

(ii) An experience investigation is delinquent if a complete experience investigation complying with the applicable requirements of Chapter 2 of the act (53 P. S. §§ 895.201-895.208) does not accompany the complete actuarial valuation report that is filed by the filing deadline specified in section 201(c) of the act.

(2) Consequences of delinquency.

(i) If an actuarial valuation report or experience investigation is delinquent, financing that is provided to the applicable municipality by the Commonwealth under the General Municipal Pension System State Aid Program or another program providing financing that is dedicated for pension purposes shall be withheld until a complete actuarial valuation report or experience investigation is filed.

(ii) The Commission will notify the Department of the Auditor General of municipalities with one or more delinquent actuarial valuation reports or experience investigations as soon as practicable following the filing deadlines specified in section 201 of the act. The Commission will also notify the Department of the Auditor General on a monthly basis concerning a municipality with previously determined delinquent actuarial valuation reports or experience investigations that have complied with the actuarial valuation or experience investigations reporting requirements of the act.

(iii) Upon being notified of a municipality with delinquent actuarial valuation reports or experience investigations, the Department of the Auditor General shall withhold financing that is provided to the municipality by the Commonwealth and dedicated for pension plan purposes until notified by the Commission of compliance by the applicable municipality with the actuarial valuation or experience investigation reporting requirements of the act.

(iv) If an actuarial valuation report or experience investigation is delinquent and, subsequent to notification of the applicable municipality by the Commission, remains delinquent for a period in excess of 30 days, the Commission will issue an order compelling submission by the municipality of the delinquent actuarial valuation report or experience investigation.

(v) If the municipality fails, omits, neglects or refuses to comply with the order of the Commission compelling submission of the delinquent actuarial valuation report or experience investigation within 30 days of the date of the Commission order, the Commission will notify the municipality of its intent to have the actuarial valuation report or experience investigation prepared on behalf of the municipality, with payment by the municipality of the actual cost of the preparation of the actuarial valuation report or experience investigation.

(vi) Upon receipt of this notice of intent, the municipality shall indicate on a form provided by the Commission what steps have been taken or are being taken by the municipality to secure compliance with the actuarial valuation or experience investigation reporting requirements of the act and the anticipated date for that compliance. If the municipality fails to provide this indication within 15 days of the date of the notice of intent of the Commission, or if the indication discloses no substantial progress towards compliance with the actuarial valuation or experience investigation reporting requirements of the act, or if the anticipated date of compliance with the actuarial valuation or experience investigation reporting requirement of the act specified in the indication discloses a substantial delay in compliance, the Commission may initiate action for the preparation of the applicable actuarial valuation report or experience investigation.

(vii) The municipality, upon notification by the Commission, shall provide the financial, demographic and benefit plan information necessary for the Commission to secure preparation of the applicable actuarial valuation report or experience investigation.

(viii) If the municipality fails, omits, neglects or refuses to comply with the order of the Commission compelling submission of the delinquent actuarial valuation report or experience investigation, the Commission may institute legal proceedings for injunction, mandamus or other appropriate remedy at law or in equity to enforce compliance with the order of the Commission.

Notes

16 Pa. Code § 203.1

The provisions of this § 203.1 adopted December 18, 1987, effective 12/19/1987, 17 Pa.B. 5234; amended July 24, 1992, effective 7/25/1992, 22 Pa.B. 3839.