§ 22-104.  Continuation of Divisions and Plans.
   (1)   Divisions. The City of Philadelphia Public Employees Retirement System shall continue to be comprised of the Municipal Division Old, the Municipal Division New, the Police Division Old, the Police Division New, the Fire Division Old, the Fire Division New, and the Elected Official Division. Each such division is defined under Section 22-105.
   (2)   Plans. The several plans of benefits that form part of the City of Philadelphia Public Employees Retirement System are designated and assigned to the foregoing divisions thereof as follows:
      Plan A includes all current and former uniformed employees of the fire fighting forces of the Fire Department of the City appointed on or after July 1, 1988. Plan A is a plan within the Fire Division New.
      Plan B includes all current and former uniformed officers and investigatory employees of the Police Department and the District Attorney's Office of the City appointed on or after July 1, 1988. Plan B is a plan within the Police Division New.
      Plan D includes all current and former employees of the City who on the effective date of this Title are members, or who upon reemployment are entitled to be members, of Police-Fire Coverage Plan 50, established by an ordinance of City Council approved December 1, 1966 (Bill No. 2163), who are full-time uniformed or investigatory employees of the Police Department or the District Attorney's Office, except those who are members of the Municipal Division Old. Plan D is a plan within the Police Division Old.
      Plan J includes all current and former employees of the City who on the effective date of this Title are members, or who upon reemployment are entitled to be members, of Municipal Revised Coverage Plan 60, established by an ordinance of City Council approved April 27, 1967 (Bill No. 2318), who are not included in the Police Division Old or in the Fire Division Old, and in addition:
         (a)   all employees represented by AFSCME District Council 47 Local 2186 who were hired by the City between January 8, 1987 and October 1, 1992, and who contribute to the Retirement System, an amount equal to the difference between the contribution that the employee has previously made to the Retirement System, and what the employee contribution would have been under Plan J during the term of the employee's employment; and
         (b)   all employees represented by AFSCME District Council 47 Local 2187 who were hired by the City between January 8, 1987 and October 1, 1992; and
         (c)   all employees represented by AFSCME District Council 33 who were hired by the City between January 8, 1987 and October 1, 1992.
      Plan J is a plan within the Municipal Division Old. 2
      Plan L includes all current and former officials elected in any general, municipal or special election who take office on or after January 8, 1987. Plan L is a plan within the Elected Official Division.
      Plan X includes all current and former employees of the City who on the effective date of this Title are members, or who upon reemployment are entitled to be members of Police-Fire Coverage Plan 50, established by an ordinance of City Council approved December 1, 1966 (Bill No. 2163), who are full-time uniformed employees of the fire fighting forces of the Fire Department of the City except those who are members of the Municipal Division Old. Plan X is a plan within the Fire Division Old.
      Plan Y includes all current and former municipal employees of the City who are not members of Plan A, Plan B, Plan J, Plan '10, or Plan 16, and who are appointed on or after January 8, 1987. Plan Y is a plan within Municipal Division New. 3
      Plan '10 includes (i) certain employees hired on or after January 1, 2010, subject to election under subsection 22-201(5); and (ii) certain electing employees; all as set forth in subsection 22-201(5) and subsection 22-206(1). Plan '10 is a plan within Municipal Division New, Fire Division New, Police Division New, and Elected Official Division. 4
      Plan 16 includes (i) certain employees represented by AFSCME District Council 33 hired or rehired on or after August 20, 2016; (ii) certain employees represented by Lodge 5 of the F.O.P. who are employees of the Sheriff's Office or the Register of Wills hired or rehired on or after the effective date of the ordinance adding this clause (ii); (iii) certain other municipal employees hired or rehired on or after the effective date of the ordinance adding this clause (iii); (iv) certain employees represented by AFSCME District Council 47 hired or rehired on or after the effective date of the ordinance adding this clause (iv); and (v) certain electing employees; all as set forth in Section 22-201 and subsection 22-206(2). Plan 16 is a plan within Municipal Division New. 5

 

Notes

2
   Plan J amended, Bill No. 000342 (approved January 23, 2001). Section 2 of Bill No. 000342 reads as follows: "Effective Date. This Ordinance shall be effective retroactively to January 13, 1999, except for amendments to Code Section 22-310, which shall be effective retroactively to June 28, 1999, and except that, as to members of Plan L, any part of this Ordinance that represents an increase or diminishment in the benefit rights of such members shall not apply to an elected official during any term of office to which such official was elected prior to the effective date of this Ordinance, but shall only apply to an elected official during a term of office to which such official was elected after the effective date of this Ordinance."
3
   Amended, Bill No. 161013 (approved December 9, 2016).
4
   Added, Bill No. 100286 (approved June 23, 2010). Section 2 of Bill No. 100286 provides: "This Ordinance shall be effective immediately, and shall apply retroactively to January 1, 2010." Amended, Bill No. 100780 (approved February 9, 2011). Section 2 of Bill No. 100780 provides: "This Ordinance shall be effective immediately, and shall apply retroactively to October 15, 2010." Amended, Bill No. 161013 (approved December 9, 2016).
5
   Added, Bill No. 161013 (approved December 9, 2016); amended, Bill No. 180557-A (approved June 21, 2018); amended, Bill No. 180599-A (approved June 21, 2018). Bill No. 180599-A did not take into account clause (ii) added by Bill No. 180557-A; clauses renumbered by Code editor. Section 2 of Bill No 180599-A provides: "This Ordinance shall be effective immediately, provided that:
   (1)   With respect to any officer or employee who is not represented by a union and who was elected or appointed to a term of office or hired before the date of adoption of this Ordinance, the amendments set forth in Section 1 of this Ordinance to the contribution rates set forth in Section 22-902(3) of The Philadelphia Code shall not be considered accepted and effective until:
      (a)   For officers or employees who do not serve a term of office, January 1, 2019, provided the Director of Finance has certified to the clerk of City Council, prior thereto, that such officer or employee has received an offsetting salary increase subsequent to the date of adoption of this ordinance and prior to December 1, 2018.  In the event that the Director of Finance has not provided such certification prior to January 1, 2019, 30 days after the date certified by the Director of Finance that such officer or employee, subsequent to the date of adoption of this Ordinance, has received an offsetting salary increase.
      (b)   For officers or employees who serve a term of office: the later of (i) 30 days after the date certified by the Director of Finance that such officer or employee, subsequent to the date of adoption of this Ordinance, has received an offsetting salary increase; and (ii) the commencement of a new term of office, subsequent to the date of adoption of this Ordinance.
   (2)   With respect to employees represented by AFSCME District Council 33 and AFSCME District Council 47, the Ordinance shall be effective January 1, 2019, but only if the Director of Finance has certified to the clerk of City Council, prior thereto, that the Memorandum of Agreement between the City of Philadelphia and AFSCME District Council 47 dated on or about June 13, 2018 has been ratified by the membership of AFSCME District Council 47; otherwise, it shall not be effective with respect to employees represented by AFSCME District Council 33 and AFSCME District Council 47."