Section 11701.202 - Standing to request a determinationThe following have standing to request a determination of municipal financial distress from the secretary:
(1) The department itself, if, subsequent to its review and analysis under sections 121 and 201, it concludes that a municipality is substantially in a condition of financial distress.(2) The governing body of the municipality upon passing a resolution by a majority vote of the governing body after a special public meeting duly advertised as provided by law.(3) A creditor with a matured claim to whom the municipality owes $10,000 or more, if the creditor agrees in writing to suspend pending actions and to forbear from bringing an alternate or additional legal action against the municipality to collect the debt or part of it for a period of nine months or until the municipality adopts a plan under this act, whichever occurs first. The filing of a Federal debt adjustment action by a municipality pursuant to Subchapter D of Chapter 2 during the nine-month period cancels the forbearance obligation.(4) Ten percent of the number of electors of the municipality that voted at the last municipal election, by petition to the department alleging the municipality is fiscally distressed.(5) Ten percent or more of the beneficiaries of a pension fund upon petition to the department, provided that a municipality has not timely deposited its minimum obligation payment as required by section 302 of the act of December 18, 1984 (P.L. 1005, No. 205), known as the Municipal Pension Plan Funding Standard and Recovery Act.(6) Ten percent of the employees of the municipality who have not been paid for over 30 days from the time of a missed payroll, upon signing collectively the petition to the department.(7) Trustees or paying agents of a municipal bond indenture.(8) The elected auditors, appointed independent auditors or elected controllers of a municipality if they have reason to believe a municipality is in a state of financial distress pursuant to section 201.(9) A trustee or actuary of a municipal pension fund, if the municipality has not made a timely deposit of its minimum obligation payment as required by section 302 of the Municipal Pension Plan Funding Standard and Recovery Act.(10) The chief executive officer of any city. 1987, July 10, P.L. 246, No. 47, § 202, effective in 60 days. Amended 1992, June 30, P.L. 336, No. 69, § 1, imd. effective.