53 Pa. Stat. § 895.307

Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 895.307 - Enforcement proceedings by commission
(a)Enforcement by commission.--Whenever the commission is of the opinion that any municipality has failed, omitted, neglected or refused to perform any duty enjoined upon it pursuant to this act, the commission shall have the power and its duty shall be to order compliance by the municipality with that duty. If the municipality fails, omits, neglects or refuses to comply with any lawful order of the commission, then the commission may institute legal proceedings for injunction, mandamus or other appropriate remedy at law or equity to enforce compliance with, or restrain violation of, the order of the commission.
(b)Use of appropriate basis for funding.--The use by a municipality in determining the minimum municipal obligation toward the municipal pension plan of an actuarial valuation method, one or more actuarial assumptions, or a combination of method and assumption or assumptions which are determined to be inappropriate by the commission shall constitute failure, omission, neglect or refusal on the part of a municipality to perform a duty enjoined upon it pursuant to this act. Any commission order for compliance by the municipality with that duty may specify the appropriate actuarial valuation method, actuarial assumption or assumptions, or combination of method and assumption or assumptions, whichever is applicable.
(c)Compliance with commission order.--In any legal action involving any alleged violation by a municipality of any lawful order of the commission, the burden of proof shall be upon the municipality complained against to show that compliance with the order of the commission has been effected.

53 P.S. § 895.307

1984, Dec. 18, P.L. 1005, No. 205, § 307.