THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY BAKER, STERN, J. TAYLOR, CAUSER, COHEN, DENLINGER, GEIST, M. K. KELLER, KORTZ, MICOZZIE, MURT, M. O'BRIEN, PEIFER, PYLE, RAPP AND READSHAW, MARCH 31, 2011

REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 31, 2011  

AN ACT

Amending Titles 24 (Education) and 71 (State Government) of the

Pennsylvania Consolidated Statutes, further providing for

creditable nonschool service, for creditable nonstate service

for service performed as a crewleader with the Pennsylvania

Conservation Corps and for mandatory and optional membership.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 8304(b) of Title 24 of the Pennsylvania

Consolidated Statutes is amended by adding a paragraph to read:

§ 8304.  Creditable nonschool service.

* * *

(b)  Limitations on nonschool service.--Creditable nonschool

service credit shall be limited to:

* * *

(9)  Service as a crewleader prior to July 1, 2011, with

the Pennsylvania Conservation Corps, not to exceed a total of

five years. In order to elect to purchase the service credit,

an active member must file an application with the board no

later than three years after the effective date of this

subsection or three years after subsequent entry into school

service, whichever occurs last. The Department of Labor and

Industry may charge an applicant a fee necessary to cover the

administrative costs incurred in verifying the applicant's

eligibility for the purchase of service.

* * *

Section 2.  Section 8324 of Title 24 is amended by adding a

subsection to read:

§ 8324.  Contributions for purchase of credit for creditable

nonschool service.

* * *

(g)  Creditable service as a crewleader with the Pennsylvania

Conservation Corps.--Contributions on account of Class T-C

credit for creditable service as a crewleader with the

Pennsylvania Conservation Corps pursuant to section 8304(b)(9)

shall be the present value of the full actuarial cost of the

increase in the projected superannuation annuity caused by the

additional service credited on account of the purchase of

service as a crewleader with the Pennsylvania Conservation

Corps. The amount paid for the purchase of credit for service as

a crewleader with the Pennsylvania Conservation Corps shall not

be payable as a lump sum under section 8345(a)(4)(iii).

Section 3.  Section 5301 of Title 71 is amended by adding a

subsection to read:

§ 5301.  Mandatory and optional membership.

* * *

(g)  Further additional optional membership.--Beginning July

1, 2011, individuals employed as crewleaders of the Pennsylvania

Conservation Corps, pursuant to the act of July 2, 1984

(P.L.561, No.112), known as the Pennsylvania Conservation Corps

Act, shall have the option to elect membership in the system.

The election of membership in the system shall be irrevocable

and shall be made by filing written notice with the employer no

later than 90 days following the effective date of this

subsection or no later than 90 days following the effective date

of employment in the case of a newly hired employee. Upon

receipt of the election, the employer shall certify the election

to the board. Employees who elect membership in the system under

this subsection shall remain members of the system until the

effective date of termination as a crewleader. An employee

described in this subsection who fails to timely elect

membership in the system shall be prohibited from electing

membership in the system for the duration of employment with the

Pennsylvania Conservation Corps. If an employee described in

this subsection terminates service and becomes a State employee

with an employer other than the Pennsylvania Conservation Corps,

then membership for that employee shall be determined as

otherwise provided for in this section.

Section 4.  Section 5304(c) of Title 71 is amended to read:

§ 5304.  Creditable nonstate service.

* * *

(c)  Limitations on nonstate service.--Creditable nonstate

service credit shall be limited to:

(1)  [intervening] Intervening military service[;].

(2)  [military] Military service other than intervening

military service and military service purchasable under

section 5302(d) (relating to credited State service) not

exceeding five years, provided that a member with multiple

service may not purchase more than a total of five years of

military service in both the system and the Public School

Employees' Retirement System[;].

(3)  [in] In the case of an academic administrator,

teacher or instructor employed in the Department of

Education, the State System of Higher Education, any State-

owned educational institution or The Pennsylvania State

University, provided that the total amount of service

creditable under this paragraph shall not exceed the lesser

of ten years or the number of years of active membership in

the system as an academic administrator, teacher or

instructor in the Department of Education, State System of

Higher Education, any State-owned educational institution or

The Pennsylvania State University:

(i)  nonstudent service as an academic administrator,

teacher or instructor in any public school or public

educational institution in any state other than this

Commonwealth; or

(ii)  nonstudent service as an academic

administrator, teacher or instructor in the field of

education for any agency or department of the Federal

Government, whether or not such area was under the

jurisdiction of the United States[;].

(4)  [previous] Previous service with a governmental

agency other than the Commonwealth which employment with said

agency was terminated because of the transfer by statute of

the administration of such service or of the entire agency to

the Commonwealth[;].

(5)  [service] Service as a temporary Federal employee

assigned to an air quality control complement for the

Pennsylvania Department of Environmental Resources at any

time during the period of 1970 through 1975. This service

time may be purchased only if the member makes an election to

purchase within one year of the effective date of this

paragraph, and the member shall pay an amount which is equal

to the full actuarial cost of the increased benefit obtained

by virtue of the purchase as provided in section 5505(f)[;].

(6)  [service] Service in the Cadet Nurse Corps with

respect to any period of training as a student or graduate

nurse under a plan approved under section 2 of the act of

June 15, 1943 (Public Law 78-73, 57 Stat. 153), if the total

period of training under such plan was at least two years,

the credit for such service not to exceed three years[;].

(7)  [service] Service prior to July 1, 1971, at a

community college established under the act of August 24,

1963 (P.L.1132, No.484), known as the Community College Act

of 1963[; or].

(8)  [service] Service as a justice of the peace prior to

January 1970.

(9)  Service as a crewleader prior to July 1, 2011, with

the Pennsylvania Conservation Corps, not to exceed a total of

five years. In order to elect to purchase the service credit,

an active member must file an application with the board no

later than three years after the effective date of this

subsection or three years after subsequent entry into State

service, whichever occurs last. The Department of Labor and

Industry may charge an applicant a fee necessary to cover the

administrative costs incurred in verifying the applicant's

eligibility for the purchase of service.

* * *

Section 5.  Section 5505 of Title 71 is amended by adding a

subsection to read:

§ 5505.  Contributions for the purchase of credit for creditable

nonstate service.

* * *

(j)  Creditable service as a crewleader with the Pennsylvania

Conservation Corps.--Contributions on account of Class A credit

for creditable service as a crewleader with the Pennsylvania

Conservation Corps pursuant to section 5304 shall be the present

value of the full actuarial cost of the increase in the

projected superannuation annuity caused by the additional

service credited on account of the purchase of service as a

crewleader with the Pennsylvania Conservation Corps. The amount

paid for the purchase of credit for service as a crewleader with

the Pennsylvania Conservation Corps shall not be payable as a

lump sum under section 5705(a)(4)(iii) (relating to member's

options).

Section 6.  This act shall take effect July 1, 2011, or

immediately, whichever is later.