PRINTER'S NO. 161
No. 135 Session of 2007
INTRODUCED BY DALLY, JANUARY 31, 2007
REFERRED TO COMMITTEE ON EDUCATION, JANUARY 31, 2007
AN ACT
1 Amending Title 24 (Education) of the Pennsylvania Consolidated
2 Statutes, further providing for credited school service.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Section 8302(a) of Title 24 of the Pennsylvania
6 Consolidated Statutes is amended to read:
7 § 8302. Credited school service.
8 (a) Computation of credited service.--In computing credited
9 school service of a member for the determination of benefits, a
10 full-time salaried school employee shall receive one year of
11 credit for each school year or the corresponding fraction
12 thereof, in accordance with the proportion of the full school
13 year for which the required regular member contributions have
14 been made, or for which such contributions otherwise required
15 for such service were not made solely by reason of any provision
16 of this part relating to the limitations under IRC § 401(a)(17)
17 or 415(b). A per diem or hourly school employee shall receive
1 one year of credited service for each nonoverlapping period of
2 12 consecutive months in which he is employed and for which
3 contributions are made, or would have been made but for such
4 limitations under the IRC, for at least 180 full-day sessions or
5 1,100 hours of employment. If such member was employed and
6 contributions were made for less than 180 full-day sessions or
7 1,100 hours, he shall be credited with a fractional portion of a
8 year determined by the ratio of the number of full-day sessions
9 or hours of service actually rendered to 180 full-day sessions
10 or 1,100 hours, as the case may be. A part-time salaried
11 employee shall be credited with the fractional portion of the
12 year which corresponds to the service actually rendered in
13 relation to the service required as a comparable full-time
14 salaried employee. In no case shall a member who is a full-time
15 salaried employee receive more than one year of credited service
16 for any 12 consecutive months or a full-time salaried member who
17 has elected multiple full-time service receive an aggregate in
18 the two systems of more than one year of credited service for
19 any 12 consecutive months. A member who has elected full-time
20 and part-time salaried service and who contributes to the fund
21 as both a full-time and part-time salaried employee in a school
22 year may elect to do one of the following:
23 (1) Receive and be credited with the appropriate number
24 of years of credited service for both full-time and part-time
25 salaried employees as set forth in this section even if the
26 number of years of credited service may exceed one year for
27 any 12 consecutive months.
28 (2) Have refunded the accumulated deductions on behalf
29 of the member into the fund.
30 * * *
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1 Section 2. This act shall take effect in 60 days.
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