^[1] Added, Bill No. 980843 (approved January 13, 1999). Section 2 of Bill No. 980843 states: "This ordinance shall be effective immediately, except that the application of Sections 22-105(6) (definition of "average final compensation") and 22-202(1)(c) of Title 22, to the extent such provisions are changed from previous law in a manner not adverse to any employee, shall be effective retroactive to August 1, 1996. Further, 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."

^[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] Subsections (12A) through (12F) added, Bill No. 990288-A (approved June 28, 1999).

^[4] 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."

^[5] 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."

^[6] 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."

^[7] Amended, Bill Nos. 000642 and 000656 (approved February 21, 2001). Section 3 of the Bills provided that the amendments "shall be effective immediately and shall apply to any appointments to the Police Department or the District Attorney's Office or to the Fire Department that are effective on or after the effective date" of the Ordinances.

^[8] 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."

^[9] 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."

^[10] Amended, Bill No. 990288-A (approved June 28, 1999).

^[11] Amended, Bill No. 990555 (approved December 9, 1999). Section 2 of Bill No. 990555 provides that the Ordinance shall take effect retroactively to the effective date of Bill No. 990288-A (approved June 28, 1999).

^[12] 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."

^[13] Amended, Bill No. 990555 (approved December 9, 1999). Section 2 of Bill No. 990555 provides that the Ordinance shall take effect retroactively to the effective date of Bill No. 990288-A (approved June 28, 1999). 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."

^[14] 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."

^[15] Added, Bill No. 990001-A (approved March 3, 1999). Section 3 of Bill No. 990001-A provides: "Review periods.Within sixty (60) days after every sixth anniversary of the establishment of the Pension Adjustment Fund, the Board shall determine whether the authorizations, directives, or provisions of this Ordinance should be amended. If the Board, by a majority vote of its members, determines that amendments are necessary, the board shall provide a written explanation of said amendments and make a recommendation, in writing, to City Council requesting that the amendments be implemented within one (1) year, by ordinance. The recommendation by the Board shall also include a statement documenting the actuarial impact of any recommended amendments. City Council expressly reserves the right to amend the authorizations, directives and provisions of this Ordinance at any time as it deems necessary. Any amendment initiated by City Council shall be accompanied by a written explanation of said amendment and an actuarial impact statement documenting the impact of any recommended amendment."Section 4 of Bill No. 990001-A provides: "It is the intent of Council that should both this bill and Bill No. 980843 (adopting a new comprehensive pension Ordinance, to be codified as new Title 22 of The Philadelphia Code) become law, the provisions of this Ordinance shall be codified in new Title 22 of The Philadelphia Code. Accordingly, should both bills become law, new Section 131 as added by Section 1 of this Ordinance shall be new Section 22-311 of Title 22 (Section 2 of this Ordinance is superfluous for purposes of Bill No. 980843, because of combined provisions)." Accordingly, subsections 131.1 through 131.5 and any internal references thereto were renumbered as subsections (1) through (5).

^[16] Enrolled Bill No. 990001-A read "availablility".

^[17] Enrolled Bill No. 990001-A read "enchanced".

^[18] Enrolled Bill No. 990001-A read "enchanced".

^[19] Amended, Bill No. 000536 (approved December 6, 2000). Section 2 of Bill No. 000536 reads as follows: "This Ordinance shall apply to any police member who separated or separates from City employment on or after March 30, 1993, provided that the City's medical director did not make a determination prior to March 30, 1993 that such member was permanently and partially disabled."

^[20] Added, Bill No. 000536 (approved December 6, 2000). Section 2 of Bill No. 000536 reads as follows: "This Ordinance shall apply to any police member who separated or separates from City employment on or after March 30, 1993, provided that the City's medical director did not make a determination prior to March 30, 1993 that such member was permanently and partially disabled."

^[21] 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."

^[22] Subsection 22-401(5)(j) amended by Bill No. 000642 (approved February 21, 2001). Section 3 of the bill provided that the amendment "shall apply to any police member who separated or separates from City employment on or after March 30, 1993, provided that the City's medical director did not make a determination prior to March 30, 1993 that such member was permanently and partially disabled."

^[23] 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."

^[24] 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."

^[25] 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."

^[26] 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."

^[27] 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."

^[28] For determination of benefits upon the death of a retiree who had failed to designate any survivor, see § 22-306(3) in this Title. [Editor's note: This footnote appears in Bill No. 980843 (approved January 13, 1999).]

^[29] Added, Bill No. 010595 (approved February 27, 2002). Section 2 of Bill No. 010595 reads as follows: "This Ordinance shall apply to leaves of absence which began on or after January 13, 1999."

^[30] Added, Bill No. 010595 (approved February 27, 2002). Section 2 of Bill No. 010595 reads as follows: "This Ordinance shall apply to leaves of absence which began on or after January 13, 1999."

^[31] Added, Bill No. 010595 (approved February 27, 2002). Section 2 of Bill No. 010595 reads as follows: "This Ordinance shall apply to leaves of absence which began on or after January 13, 1999."

^[32] 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."

^[33] 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."

^[34] Subsection added, 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."

^[35] Subsection added, 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."

^[36] Enrolled Bill No. 000342 read "If any member of has...."

^[37] Comprehensive Employment and Training Act, enacted by Congress as Pub. L. 93-203, as added Pub. L. 95-524, § 2, Oct. 27, 1978, 92 Stat. 1912, codified at 29 U.S.C. § 801 et seq., repealed, Pub. L. 97-300, Title I, § 184(a)(1), Oct. 13, 1982, 96 Stat. 1357. [Editor's note: This footnote appears in Bill No. 980843 (approved January 13, 1999).]

^[38] 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."

^[39] Amended and subsections (d) and (e) added, 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."

^[40] Added, Bill No. 000715-A (approved April 19, 2001), effective ninety days following enactment. As this supplement is being prepared, Bill No. 000715-A is the subject of litigation. American Financial Services Association v. City of Philadelphia, Court of Common Pleas (Phila.), May Term 2001, No. 1041.

^[41] Added, Bill No. 000122 (approved April 11, 2000).