(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.