§ 4346. Insurance.

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§ 4346. Insurance.

(a)General rule.-- The board of commissioners may secure insurance or compensation in accordance with Article VI of the act of June 2, 1915 (P.L.736, No.338), known as the Workers' Compensation Act, for:

(1)Volunteer firefighters of companies duly recognized by the township, by motion or resolution, killed or injured while going to, returning from or attending fires or while performing any other duties authorized by the township.

(2)Township employees as defined in section 601 of the Workers' Compensation Act.

(b)Insurance contracts for buildings and property.-- The board of commissioners may enter into contracts for insurance with an insurance company, association or exchange, authorized by law to transact business in this Commonwealth, to insure buildings or property owned or leased by the township.

(c)Insurance contracts for public liability.-- The board of commissioners may enter into contracts for insurance with an insurance company, association or exchange authorized by law to transact business in this Commonwealth to insure any public liability of the township.

(d)Insurance contracts covering employee life and medical expenses.--

(1)The board of commissioners may enter into contracts for insurance with an insurance company, nonprofit hospitalization corporation, nonprofit medical service corporation, association or exchange authorized by law to transact business in this Commonwealth to insure its employees or commissioners, or any class or classes of the employees or commissioners or dependents of the employees or commissioners, under a policy or policies of group insurance covering life, health, hospitalization, medical and surgical service or accident insurance.

(2)A life, health, hospitalization, medical service or accident insurance coverage contract entered into by a township between January 1, 1959, and December 31, 1984, that includes or provides coverage for commissioners shall not be void or unlawful solely because the inclusion of commissioners was subsequently found to be without lawful authority. No penalty, assessment, surcharge, forfeiture or disciplinary action of any kind may occur as a result of participation by those commissioners. Insurance benefits payable to insureds or their beneficiaries arising out of or on account of deaths, injuries, accidents or illnesses occurring before November 29, 1985, remain the property of the insureds or beneficiaries of the insureds.

(e)Contracts for employee annuities and pensions.--

(1)The board of commissioners may contract with an insurance company granting annuities or pensions for the pensioning of employees or any class or classes of employees and pay part or all of the premiums or charges for carrying the contracts.

(2)A pension or annuity contract entered into by a township between January 1, 1959, and December 31, 1984, that includes or provides for benefits for commissioners at township expense shall not be void or unlawful solely because the inclusion of commissioners was subsequently found to be without lawful authority. No penalty, assessment, surcharge or disciplinary action of any kind may occur as a result of participation by those commissioners provided that anyone entitled to benefit coverage under a pension paid for, in whole or in part, by a township without lawful authority shall deliver, surrender and assign to the township all benefits paid under the contract after December 31, 1984.

(3)If an official personally contributed toward a pension plan or a purchase of an annuity under paragraph (2), the official shall be refunded the official's total contributions, plus accumulated interest, less an amount already paid to the official under the annuity or pension plan, when the annuity or pension benefits are delivered, surrendered or assigned to the township, or when the annuity becomes the property of the township by operation of this section. In lieu of a refund of total contributions plus accumulated interest, an official who personally contributed toward the pension plan or toward the purchase of the annuity may elect to purchase from the township the township's interest in that pension plan or annuity program. The election option shall be exercised within 60 days of November 29, 1985. The value of the interest of the township in the pension plan or annuity program with respect to the official shall be determined by the actuary who prepared the 1983 municipal pension report for the township pension plan or annuity program under the act of December 6, 1972 (P.L.1383, No.293), entitled "An act requiring municipal pension systems to have an actuarial investigation of the fund made by an actuary who shall report his findings to the Department of Community Affairs," using the same applicable actuarial assumptions as used in that report or, if no actuary was retained for the 1983 report or no 1983 report was filed, by an actuary retained for the purpose of valuing the township interest. The cost of the actuarial valuation of the township interest and future administrative costs of the pension plan or the annuity program attributable to the official shall be payable by the official in a manner to be established by agreement with the township auditors.

(4)No elected or appointed township official included in a township-paid pension or annuity plan entered into prior to December 31, 1984, shall be subject to any penalty, assessment, surcharge or disciplinary action as a result of the participation. Any residual interest, value, refund of premium or benefits payable on or after December 31, 1984, arising out of the township-paid interest of the elected or appointed township officials shall become the exclusive property of the township.

(f)Appropriation.-- The board of commissioners may appropriate money from the general township fund for the purposes of this section.

(g)Construction.-- Nothing in this section shall be construed to affect a contract, right or coverage of insurance vested or existing on the effective date of this section. "Contract," as used in this section, includes an annuity contract if the option to renew continues to provide the same rights to the annuitant that existed as of the effective date of this subsection.

(h)Deduction of premiums and charges.--

(1)The commissioners may deduct from an employee's or commissioner's pay, salary or compensation the part of the premium or charge, as is payable by the employee or commissioner, and as may be authorized by the employee or commissioner in writing. The insurance shall be uniformly applicable to each employee or commissioner covered and shall not give eligibility preference to, or improperly discriminate in favor of, commissioners.

(2)(Reserved).

(i)Definition.-- As used in this section, the term "employee" does not include an independent contractor, township engineer and township solicitor.

73c4346v

Cross References. Section 4346 is referred to in section 2103 of this title.

73c4347s