PRINTER'S NO. 142
No. 168 Session of 1995
INTRODUCED BY M. COHEN, LUCYK, THOMAS, ROONEY, JAROLIN, GEORGE,
NAILOR, TIGUE, COWELL, STABACK, PESCI, MAYERNIK, CURRY,
DALEY, D. R. WRIGHT, TRELLO, JOSEPHS, STERN, McCALL,
WASHINGTON, PETRONE, E. Z. TAYLOR, LAUGHLIN, RICHARDSON,
HORSEY AND MIHALICH, JANUARY 20, 1995
REFERRED TO COMMITTEE ON STATE GOVERNMENT, JANUARY 20, 1995
AN ACT
1 Amending Titles 24 (Education) and 71 (State Government) of the
2 Pennsylvania Consolidated Statutes, providing for special
3 supplemental postretirement adjustments.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 24 of the Pennsylvania Consolidated
7 Statutes is amended by adding a section to read:
8 § 8348.4. Special supplemental postretirement adjustment.
9 (a) Eligibility.--An annuitant who:
10 (1) retired after October 1, 1975, and before December
11 31, 1984;
12 (2) has military service as set forth in section
13 8304(b)(1) or (2) (relating to creditable nonschool service);
14 (3) is receiving or will receive retirement pay under 10
15 U.S.C. Ch. 67 (relating to retired pay for nonregular
16 service) for this military service; and
17 (4) has not purchased nonschool service credit for this
1 military service;
2 shall be eligible for this special supplemental postretirement
3 adjustment.
4 (b) Calculation of adjustment.--The monthly amount of this
5 special supplemental postretirement adjustment shall be equal to
6 the final average salary multiplied by 2% multiplied by the
7 years of this military service divided by 12 multiplied by any
8 applicable early retirement or option factors.
9 (c) Adjustment paid.--Upon receipt of a timely request by an
10 eligible annuitant, the system shall pay this special
11 supplemental postretirement adjustment monthly from the
12 effective date of this section.
13 (d) Adjustment enacted after death of annuitant.--No special
14 supplemental postretirement adjustment enacted after the death
15 of an annuitant shall be payable to the beneficiary or survivor
16 annuitant of the deceased annuitant.
17 (e) Future supplemental annuities.--This special
18 supplemental postretirement adjustment shall be included in the
19 total annuity, and this military service shall be included in
20 the total credited service in determining all future
21 supplemental annuities.
22 (f) Time limitations.--An annuitant who is eligible for this
23 special supplemental postretirement adjustment shall have two
24 years from the effective date of this section within which to
25 make a request to the system for the adjustment established in
26 this section.
27 (g) Court-ordered purchase of nonschool service.--If a court
28 of competent jurisdiction rules that an annuitant who is
29 receiving or will receive retirement pay under 10 U.S.C. Ch. 67
30 for this military service is eligible under section 8304(b)(1)
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1 or (2) to purchase nonschool service credit for this military
2 service, this special supplemental postretirement adjustment
3 shall stop with the annuitant's purchase of nonschool service
4 credit for this military service, and the total amount of this
5 special supplemental postretirement paid to the annuitant from
6 the effective date of this section shall be subtracted from any
7 increase in the annuity caused by the court-ordered purchase of
8 nonschool service credit for this military service.
9 Section 2. Title 71 is amended by adding a section to read:
10 § 5708.4. Special supplemental postretirement adjustment.
11 (a) Eligibility.--An annuitant who:
12 (1) retired after February 28, 1974, and before December
13 31, 1984;
14 (2) has military service as set forth in section
15 5304(c)(1) or (2) (relating to creditable nonstate service);
16 (3) is receiving or will receive retirement pay under 10
17 U.S.C. Ch. 67 (relating to retired pay for nonregular
18 service) for this military service; and
19 (4) has not purchased nonstate service credit for this
20 military service;
21 shall be eligible for this special supplemental postretirement
22 adjustment.
23 (b) Calculation of adjustment.--The monthly amount of this
24 special supplemental postretirement adjustment shall be equal to
25 the final average salary multiplied by 2% multiplied by the
26 years of this military service divided by 12 multiplied by any
27 applicable early retirement or option factors.
28 (c) Adjustment paid.--Upon receipt of a timely request by an
29 eligible annuitant, the system shall pay this special
30 supplemental postretirement adjustment monthly from the
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1 effective date of this section.
2 (d) Adjustment enacted after death of annuitant.--No special
3 supplemental postretirement adjustment enacted after the death
4 of an annuitant shall be payable to the beneficiary or survivor
5 annuitant of the deceased annuitant.
6 (e) Future supplemental annuities.--This special
7 supplemental postretirement adjustment shall be included in the
8 total annuity, and this military service shall be included in
9 the total credited service in determining all future
10 supplemental annuities.
11 (f) Time limitations.--An annuitant who is eligible for this
12 special supplemental postretirement adjustment shall have two
13 years from the effective date of this section within which to
14 make a request to the system for the adjustment established in
15 this section.
16 (g) Court-ordered purchase of nonstate service.--If a court
17 of competent jurisdiction rules that an annuitant who is
18 receiving or will receive retirement pay under 10 U.S.C. Ch. 67
19 for this military service is eligible under section 5304(c)(1)
20 or (2) to purchase nonstate service credit for this military
21 service, this special supplemental postretirement adjustment
22 shall stop with the annuitant's purchase of nonstate service
23 credit for this military service, and the total amount of this
24 special supplemental postretirement adjustment paid to the
25 annuitant from the effective date of this section shall be
26 subtracted from any increase in the annuity caused by the court
27 ordered purchase of nonstate service credit for this military
28 service.
29 Section 3. This act shall be retroactive to January 1, 1974.
30 Section 4. This act shall take effect immediately.
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