Amendment vs bill House Amendment A05600 vs Printer's No. PN1539

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PRINTER'S NO.
H1379B1539A05600 DMS:JMT 09/13/24 #90 A05600 AMENDMENTS TO HOUSE BILL NO.
1539 THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.
1379 Sponsor:
1379 2023 INTRODUCED BY MALAGARI, MADDEN, KULIK, VENKAT, SOLOMON, WEBSTER, HILL-EVANS, DELLOSO, McNEILL, GUENST, KAZEEM, SANCHEZ, KHAN, DEASY, GALLOWAY, MARSHALL, WARREN, HARKINS, STEELE, RIGBY, PISCIOTTANO, M.
REPRESENTATIVE MALAGARI Printer's No.
MACKENZIE, R.
1539 Amend Bill, page 1, lines 1 through 14, by striking out all of said lines and inserting Amending Titles 24 (Education), 53 (Municipalities Generally) and 71 (State Government) of the Pennsylvania Consolidated Statutes, in membership, contributions and benefits, providing for supplemental annuity commencing 2025;
MACKENZIE, EMRICK, D.
in municipal pensions, providing for 2025 special ad hoc municipal police and firefighter postretirement adjustment;
WILLIAMS, MATZIE, CERRATO, SHUSTERMAN, GALLAGHER AND O'MARA, JUNE 12, 2023 REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, JUNE 12, 2023 AN ACT Ameentitled "An act requiring municipal retirement systems to pay special ad hoc postretirement adjustments to certain retired police officers and firefighters;
and, in benefits, providing for supplemental annuity commencing 2025.
providing for the financing of these adjustments;
Amend Bill, page 1, lines 17 through 22;
providing for the administration of the Commonwealth's reimbursements for these adjustments;
pages 2 through 6, lines 1 through 30;
and making repeals," providing for 2024 special ad hoc municipal police and firefighter postretirement adjustment;
page 7, lines 1 through 15;
in financing of special ad hoc adjustment, further providing for reimbursement by Commonwealth for 2002 special ad hoc adjustment;
by striking out all of said lines on said pages and inserting Section 1.
and, in administrative provisions, certification of adjustments paid and of reimbursable amounts and for municipal receipt of reimbursement payment.
Title 24 of the Pennsylvania Consolidated Statutes is amended by adding a section to read:
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
§ 8348.8.
Section 1.
Supplemental annuity commencing 2025.
The act of December 14, 1988 (P.L.1192, No.147), known as the Special Ad Hoc Municipal Police and Firefighter Postretirement Adjustment Act, is amended by adding a chapter to read:
(a) Benefits.--Commencing with the first monthly annuity payment after July 1, 2025, an eligible benefit recipient shall be entitled to receive an additional monthly supplemental annuity from the system.
CHAPTER 4A 2024 SPECIAL AD HOC MUNICIPAL POLICE AND FIREFIGHTER POSTRETIREMENT ADJUSTMENT Section 4A01.
The additional monthly supplemental annuity under this section shall be in addition to the supplemental annuities provided for under sections 8348 (relating to supplemental annuities), 8348.1 (relating to additional supplemental annuities), 8348.2 (relating to further additional supplemental annuities), 8348.3 (relating to supplemental annuities commencing 1994), 8348.4 (relating to special supplemental postretirement adjustment), 8348.5 (relating to supplemental annuities commencing 1998), 8348.6 (relating to supplemental annuities commencing 2002) and 8348.7 (relating to supplemental annuities commencing 2003).
Entitlement to 2024 special ad hoc postretirement adjustment.
(b) Amount of additional supplemental annuity.--The amount of the supplemental annuity payable under this section shall be a percentage of the amount of the monthly annuity payment on July 1, 2025, determined on the basis of the most recent effective date of retirement as follows:
A municipal retirement system shall pay a retired police officer or firefighter a special ad hoc postretirement adjustment under this chapter if all of the following apply:
2024/90DMS/HB1379A05600 - 1 - Most recent effective date Percentage factor of retirement July 2, 2000, through July 1, 2001 15% July 2, 1999, through July 1, 2000 15.5% July 2, 1998, through July 1, 1999 16% July 2, 1997, through July 1, 1998 16.5% July 2, 1996, through July 1, 1997 17% July 2, 1995, through July 1, 1996 17.5% July 2, 1994, through July 1, 1995 18% July 2, 1993, through July 1, 1994 18.5% July 2, 1992, through July 1, 1993 19% July 2, 1991, through July 1, 1992 19.5% July 2, 1990, through July 1, 1991 20% July 2, 1989, through July 1, 1990 20.5% July 2, 1988, through July 1, 1989 21% July 2, 1987, through July 1, 1988 21.5% July 2, 1986, through July 1, 1987 22% July 2, 1985, through July 1, 1986 22.5% July 2, 1984, through July 1, 1985 23% July 2, 1983, through July 1, 1984 23.5% July 2, 1982, through July 1, 1983 24% Prior to July 2, 1982 24.5% (c) Payment.--The supplemental annuity provided under this section shall be paid automatically unless the annuitant files a written notice with the board requesting that the additional monthly supplemental annuity not be paid.
(d) Conditions.--The supplemental annuity provided under this section shall be payable under the same terms and conditions as provided under the option plan in effect as of July 1, 2025, and shall be subject to any subsequent modification of that option plan.
(e) Benefits to beneficiaries or survivors.--No supplemental annuity provided under this section shall be payable to the beneficiary or survivor annuitant of a member who dies before July 1, 2025.
(f) Funding.--Notwithstanding any other provision of law to the contrary, the additional liability for the increase in benefits provided under this section shall be funded in equal dollar annual installments over a period of 10 years beginning July 1, 2025.
(g) Eligible benefit recipient.-- (1) An eligible benefit recipient is an individual:
(i) who is receiving a superannuation, withdrawal or disability annuity on July 1, 2025;
(ii) whose most recent effective date of retirement is prior to July 2, 2001;
and (iii) whose credited service does not include any service credited as either Class T-D, Class D-4 or Class AA service.
(2) A supplemental annuity provided under this section shall not be payable to an annuitant receiving a withdrawal 2024/90DMS/HB1379A05600 - 2 - annuity prior to the first day of July coincident with or following the annuitant's attainment of superannuation age.
Section 2.
Chapter 91 of Title 53 is amended by adding a subchapter to read:
SUBCHAPTER D 2025 SPECIAL AD HOC MUNICIPAL POLICE AND FIREFIGHTER POSTRETIREMENT ADJUSTMENT Sec.
9131.
Definitions.
9132.
Entitlement to 2025 special ad hoc postretirement adjustment.
9133.
Amount of 2025 special ad hoc postretirement adjustment.
9134.
Reimbursement by Commonwealth for 2025 special ad hoc adjustment.
9135.
Municipal retirement system certification of adjustments paid and of reimbursable amounts.
9136.
Municipal receipt of reimbursement payment.
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§ 9131.
Definitions.
The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Act 147." The act of December 14, 1988 (P.L.1192, No.147), known as the Special Ad Hoc Municipal Police and Firefighter Postretirement Adjustment Act.
"Active employment." The situation of an individual, other than an independent contractor, who performs for compensation regular services for a municipality and who is regularly entered on the payroll of the municipality.
"Firefighter." A municipal employee who holds a full-time position in the firefighting service of a municipality and has retirement coverage provided by a retirement system.
"Municipality." A borough, city, county of the second class, incorporated town or township, however constituted, whether operating under a legislative charter;
a municipal code;
an optional charter adopted under the act of July 15, 1957 (P.L.901, No.399), known as the Optional Third Class City Charter Law;
a home rule charter or an optional plan adopted under the former act of April 13, 1972 (P.L.184, No.62), known as the Home Rule Charter and Optional Plans Law;
or other arrangement;
or an association of these municipalities cooperating under the former act of July 12, 1972 (P.L.762, No.180), referred to as the Intergovernmental Cooperation Law.
"Police officer." A municipal employee who holds a full-time position in the police service of a municipality and has retirement coverage provided by a retirement system.
"Postretirement adjustment." An increase in or change in the amount of a retirement annuity, retirement benefit, service pension or disability pension benefit granted or effective after active employment ceases.
"Public employee retirement system." An entity, whether a separate entity or part of a governmental entity, that collects 2024/90DMS/HB1379A05600 - 3 - retirement and other employee benefit contributions from government employees and employers;
holds and manages the resulting assets as reserves for present and future retirement annuity, retirement benefit, service pension or disability pension benefit payments;
and makes provision for these payments to qualified retirees and beneficiaries.
"Retirement benefit." The amount paid on a regular basis to a retired or disabled police officer or firefighter by a municipal retirement system established for police officers or firefighters.
"Retirement system." A public employee retirement system.
"Special ad hoc adjustment" or "special ad hoc postretirement adjustment." An increase in the amount of a retirement benefit as provided for under Act 147 and this subchapter.
§ 9132.
Entitlement to 2025 special ad hoc postretirement adjustment.
A municipal retirement system shall pay a retired police officer or firefighter a special ad hoc postretirement adjustment under this subchapter if all of the following apply:
Section 4A02.
§ 9133.
Amount of 2024 special ad hoc postretirement adjustment.
Amount of 2025 special ad hoc postretirement adjustment.
(a) General rule.--Except as provided in subsections (b) and (c), a municipal retirement system shall pay a retired police officer or firefighter a monthly special ad hoc postretirement adjustment under section 4A01 as follows:
(a) General rule.--Except as provided in subsections (b) and (c), a municipal retirement system shall pay a retired police officer or firefighter a monthly special ad hoc postretirement adjustment under section 9132 (relating to entitlement to 2025 special ad hoc postretirement adjustment) as follows:
(1) The sum of $75 per month if, on January 1, 2024, the retiree has been retired for at least five years but less than 10 years.
(1) The sum of $75 per month if, on January 1, 2025, the retiree has been retired for at least five years but less than 10 years.
(2) The sum of $150 per month if, on January 1, 2024, the retiree has been retired for least 10 years but less than 20 years.
(2) The sum of $150 per month if, on January 1, 2025, the retiree has been retired for least 10 years but less than 20 years.
(3) The sum of $300 per month if, on January 1, 2024, the retiree has been retired for at least 20 years.
(3) The sum of $300 per month if, on January 1, 2025, the retiree has been retired for at least 20 years.
(b) Limitation.--If, under section 4A01, a retiree is entitled to be paid a special ad hoc postretirement adjustment by more than one municipal retirement system, the amount of the 20230HB1379PN1539 - 2 - special ad hoc postretirement adjustment under subsection (a) shall be reduced so that the total of all these adjustments paid to the retiree does not exceed the amount specified in subsection (a).
(b) Limitation.--If, under section 9132, a retiree is entitled to be paid a special ad hoc postretirement adjustment by more than one municipal retirement system, the amount of the special ad hoc postretirement adjustment under subsection (a) shall be reduced so that the total of all these adjustments paid to the retiree does not exceed the amount specified in subsection (a).
(c) Modification in amount of 2024 special ad hoc postretirement adjustment.--The amount of the special ad hoc postretirement adjustment calculated under subsection (a) shall be reduced annually by 65% of the total amount of any postretirement adjustments provided to the retiree under the municipal retirement plan after January 1, 2002, and before December 31, 2023, and paid in the immediately preceding year.
(c) Modification in amount of 2025 special ad hoc postretirement adjustment.--The amount of the special ad hoc postretirement adjustment calculated under subsection (a) shall 2024/90DMS/HB1379A05600 - 4 - be reduced annually by 65% of the total amount of any postretirement adjustments provided to the retiree under the municipal retirement plan after January 1, 2002, and before December 31, 2024, and paid in the immediately preceding year.
Section 2.
§ 9134.
Sections 502.1 and 901(a)(2) of the act are amended to read:
Reimbursement by Commonwealth for 2025 special ad hoc adjustment.
Section 502.1.
(a) General rule.-- (1) Except as provided in subsection (b), beginning in the year following the year in which the amortization contribution requirement attributable to a special ad hoc postretirement adjustment under this subchapter is first reflected in the financial requirements of the retirement system determined under Chapter 3 of the act of December 18, 1984 (P.L.1005, No.205), known as the Municipal Pension Plan Funding Standard and Recovery Act, the Auditor General shall determine the Commonwealth reimbursement payable to the municipality representing the amortization contribution requirement attributable to the special ad hoc postretirement adjustment under this subchapter that was paid with revenues of the municipality other than general municipal pension system State aid provided under the Municipal Pension Plan Funding Standard and Recovery Act.
Reimbursement by Commonwealth for 2002 and 2024 special ad hoc [adjustment] adjustments.
(2) The determination of the reimbursable amount of the amortization contribution requirement attributable to the special ad hoc postretirement adjustment under this subchapter in any year shall be calculated as the amortization contribution requirement attributable to the special ad hoc postretirement adjustments under this subchapter and reflected in the determination of the financial requirements of the pension plan under Chapter 3 of the Municipal Pension Plan Funding Standard and Recovery Act for the immediate prior year less the product of that amortization contribution requirement multiplied by the ratio of the amount of general municipal pension system State aid allocated to the retirement system in the immediate prior year to the total amount of municipal contributions made to the retirement system from all sources other than employee contributions in the immediate prior year.
(a) General rule.-- (1) Except as provided in subsection (b), beginning in the year following the year in which the amortization contribution requirement attributable to a special ad hoc postretirement [adjustment] adjustments under [Chapter 4 is] Chapters 4 and 4A are first reflected in the financial requirements of the retirement system determined under Chapter 3 of the act of December 18, 1984 (P.L.1005, No.205), known as the Municipal Pension Plan Funding Standard and Recovery Act, the Auditor General shall determine the Commonwealth reimbursement payable to the municipality representing the amortization contribution requirement attributable to the special ad hoc postretirement [adjustment] adjustments under [Chapter 4] Chapters 4 and 4A that was paid with revenues of the municipality other than 20230HB1379PN1539 - 3 - general municipal pension system State aid provided under the Municipal Pension Plan Funding Standard and Recovery Act.
Where a municipality has issued bonds or notes to fund an unfunded actuarial accrued liability under Subpart B of Part VII (relating to indebtedness and borrowing) or under other laws applicable to the municipality, the general municipal pension system State aid and municipal contributions used by the municipality to make debt service payments on the bonds or notes, or both, issued to fund an unfunded actuarial accrued liability shall be included in the calculation of the ratio applied to the amortization contribution requirement.
(2) The determination of the reimbursable amount of the amortization contribution requirement attributable to the special ad hoc postretirement [adjustment] adjustments under [Chapter 4] Chapters 4 and 4A in any year shall be calculated as the amortization contribution requirement attributable to the special ad hoc postretirement adjustments under [Chapter 4] Chapters 4 and 4A and reflected in the determination of the financial requirements of the pension plan under Chapter 3 of the Municipal Pension Plan Funding Standard and Recovery Act for the immediate prior year less the product of that amortization contribution requirement multiplied by the ratio of the amount of general municipal pension system State aid allocated to the retirement system in the immediate prior year to the total amount of municipal contributions made to the retirement system from all sources other than employee contributions in the immediate prior year.
(3) The Commonwealth shall reimburse a municipality, from the special account established under section 701 of Act 147, for the reimbursable amount determined for each year under this paragraph.
Where a municipality has issued bonds or notes to fund an unfunded actuarial accrued liability under 53 Pa.C.S.
2024/90DMS/HB1379A05600 - 5 - (b) Limitation of eligibility.-- (1) The Commonwealth shall not reimburse any municipality for a special ad hoc adjustment paid under this subchapter if the information required under section 901(a) (2) of Act 147 either was not certified to the Auditor General or was certified after April 1 of the year the certification was due.
Pt.
(2) The Commonwealth shall not reimburse a municipality for the reimbursable amount of the amortization contribution requirement attributable to the special ad hoc postretirement adjustment under this subchapter if the municipality fails to submit a complete certification of the reimbursable amount of the amortization contribution requirement determined under subsection (a) to the Auditor General before April 1 of the year in which the reimbursement is payable.
[V] VII Subpt.
B (relating to indebtedness and borrowing) or under other laws applicable to the municipality, the general municipal pension system State aid and municipal contributions used by the municipality to make debt service payments on the bonds or notes, or both, issued to fund an unfunded actuarial accrued liability shall be included in the calculation of the ratio applied to the amortization contribution requirement.
(3) The Commonwealth shall reimburse a municipality, from the special account established under section 701, for 20230HB1379PN1539 - 4 - the reimbursable amount determined for each year under this paragraph.
(b) Limitation of eligibility.-- (1) The Commonwealth shall not reimburse any municipality for a special ad hoc [adjustment] adjustments paid under [Chapter 4] Chapters 4 and 4A if the information required under section 901(a)(2) either was not certified to the Auditor General or was certified after April 1 of the year the certification was due.
(2) The Commonwealth shall not reimburse a municipality for the reimbursable amount of the amortization contribution requirement attributable to the special ad hoc postretirement [adjustment] adjustments under [Chapter 4] Chapters 4 and 4A if the municipality fails to submit a complete certification of the reimbursable amount of the amortization contribution requirement determined under subsection (a) to the Auditor General before April 1 of the year in which the reimbursement is payable.
(1) In a municipal pension plan with defined benefits for which the municipality determines the financial requirements of the pension plan under section 302 of the Municipal Pension Plan Funding Standard and Recovery Act, the term "amortization contribution requirement" shall mean the amortization contribution requirement attributable to the special ad hoc postretirement adjustments under [Chapter 4] Chapters 4 and 4A that was reflected in the financial 20230HB1379PN1539 - 5 - requirements of the pension plan determined for the immediate prior year.
(1) In a municipal pension plan with defined benefits for which the municipality determines the financial requirements of the pension plan under section 302 of the Municipal Pension Plan Funding Standard and Recovery Act, the term "amortization contribution requirement" shall mean the amortization contribution requirement attributable to the special ad hoc postretirement adjustments under this subchapter that was reflected in the financial requirements of the pension plan determined for the immediate prior year.
(2) In a municipal pension plan without defined benefits for which the municipality determines the financial requirements of the pension plan under section 303 of the Municipal Pension Plan Funding Standard and Recovery Act, the term "amortization contribution requirement" shall mean the sum of the payments made to the retirement system in the immediate prior year in order to provide the special ad hoc postretirement adjustments under [Chapter 4] Chapters 4 and 4A in that year.
(2) In a municipal pension plan without defined benefits for which the municipality determines the financial requirements of the pension plan under section 303 of the Municipal Pension Plan Funding Standard and Recovery Act, the term "amortization contribution requirement" shall mean the sum of the payments made to the retirement system in the immediate prior year in order to provide the special ad hoc postretirement adjustments under this subchapter in that year.
Section 901.
§ 9135.
(a) Certification.-- * * * (2) Beginning in the year 2002, a municipality with a retirement system that pays a special ad hoc postretirement [adjustment] adjustments under [Chapter 4] Chapters 4 and 4A in a year shall certify its reimbursable amount under section 502.1(a) to the Auditor General not later than April 1 of the following year.
Beginning in the year 2002, a municipality with a retirement system that pays a special ad hoc postretirement adjustment under this subchapter in a year shall certify its reimbursable amount under section 502.1(a) of Act 147 to the Auditor General not later than April 1 of the following year.
* * * Section 3.
§ 9136.
Section 903 of the act is amended by adding a subsection to read:
Section 903.
* * * (c) 2024 postretirement adjustment reimbursement.--Upon receipt of the reimbursement payment from the Commonwealth for the postretirement adjustments under Chapter 4A, the treasurer of the municipality shall deposit the reimbursement payment into 20230HB1379PN1539 - 6 - the municipality's general fund.
Upon receipt of the reimbursement payment from the Commonwealth for the postretirement adjustments under this subchapter, the treasurer of the municipality shall deposit the reimbursement payment into the municipality's general fund.
Section 3.
Title 71 is amended by adding a section to read:
§ 5708.9.
Supplemental annuity commencing 2025.
2024/90DMS/HB1379A05600 - 6 - (a) Benefits.--Commencing with the first monthly annuity payment after January 1, 2025, an eligible benefit recipient shall be entitled to receive an additional monthly supplemental annuity from the system.
The additional monthly supplemental annuity under this section shall be in addition to the supplemental annuities provided for under sections 5708 (relating to supplemental annuities), 5708.1 (relating to additional supplemental annuities), 5708.2 (relating to further additional supplemental annuities), 5708.3 (relating to supplemental annuities commencing 1994), 5708.4 (relating to special supplemental postretirement adjustment), 5708.5 (relating to supplemental annuities commencing 1998), 5708.6 (relating to supplemental annuities commencing 2002), 5708.7 (relating to supplemental annuities commencing 2003) and 5708.8 (relating to special supplemental postretirement adjustment of 2002).
(b) Amount of additional supplemental annuity.--The amount of the supplemental annuity under this section shall be a percentage of the amount of the monthly annuity payment on January 1, 2025, determined on the basis of the most recent effective date of retirement as follows:
Most recent effective date Percentage factor of retirement July 2, 2000, through July 1, 2001 15% July 2, 1999, through July 1, 2000 15.5% July 2, 1998, through July 1, 1999 16% July 2, 1997, through July 1, 1998 16.5% July 2, 1996, through July 1, 1997 17% July 2, 1995, through July 1, 1996 17.5% July 2, 1994, through July 1, 1995 18% July 2, 1993, through July 1, 1994 18.5% July 2, 1992, through July 1, 1993 19% July 2, 1991, through July 1, 1992 19.5% July 2, 1990, through July 1, 1991 20% July 2, 1989, through July 1, 1990 20.5% July 2, 1988, through July 1, 1989 21% July 2, 1987, through July 1, 1988 21.5% July 2, 1986, through July 1, 1987 22% July 2, 1985, through July 1, 1986 22.5% July 2, 1984, through July 1, 1985 23% July 2, 1983, through July 1, 1984 23.5% July 2, 1982, through July 1, 1983 24% Prior to July 2, 1982 24.5% (c) Payment.--The supplemental annuity provided under this section shall be paid automatically unless the annuitant files a written notice with the board requesting that the additional monthly supplemental annuity not be paid.
(d) Conditions.--The supplemental annuity provided under this section shall be payable under the same terms and conditions as provided under the option plan in effect as of January 1, 2025, and shall be subject to any subsequent 2024/90DMS/HB1379A05600 - 7 - modification of that option plan.
(e) Benefits to beneficiaries or survivors.--No supplemental annuity provided under this section shall be payable to the beneficiary or survivor annuitant of a member who dies before January 1, 2025.
(f) Funding.-Notwithstanding any other provision of law to the contrary, the additional liability for the increase in benefits provided under this section shall be funded in equal dollar annual installments over a period of 10 years beginning July 1, 2025.
(g) Eligible benefit recipient.-- (1) An eligible benefit recipient is an individual:
(i) who is receiving a superannuation, withdrawal or disability annuity on January 1, 2025;
(ii) whose most recent effective date of retirement is prior to July 2, 2001;
and (iii) whose credited service does not include any service credited as either Class T-D, Class D-4 or Class AA service.
(2) A supplemental annuity provided under this section shall not be payable to an annuitant receiving a withdrawal annuity prior to the first day of July coincident with or following the annuitant's attainment of superannuation age.
The special ad hoc postretirement adjustment under section 4A01 of the act is effective on the date of the first retirement benefit made after January 1, 2024.
The following shall apply:
If the special ad hoc postretirement adjustment under section 4A01 of the act is not included in the initial retirement benefit payment occurring after January 1, 2024, the special ad hoc postretirement adjustment shall be included as soon as practicable in the retirement benefit payment of the retiree, and the initial retirement benefit payment that includes the special ad hoc postretirement adjustment also shall include the total amount of the special ad hoc postretirement adjustments previously omitted from the retirement benefit payments made after January 1, 2024.
(1) The special ad hoc postretirement adjustment under 53 Pa.C.S.
Ch.
91 Subch.
D shall be effective on the date of the first retirement benefit made after January 1, 2025.
(2) If the special ad hoc postretirement adjustment under 53 Pa.C.S.
Ch.
91 Subch.
D is not included in the initial retirement benefit payment occurring after January 1, 2025, the special ad hoc postretirement adjustment shall be included as soon as practicable in the retirement benefit payment of the retiree, and the initial retirement benefit payment that includes the special ad hoc postretirement adjustment shall also include the total amount of the special ad hoc postretirement adjustments previously omitted from the retirement benefit payments made after January 1, 2025.
20230HB1379PN1539 - 7 -
2024/90DMS/HB1379A05600 - 8 -