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PRINTER'S NO. 652
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
538
Session of
2017
INTRODUCED BY WAGNER, SCARNATI, COSTA, RAFFERTY, ARGALL,
BOSCOLA, WARD, RESCHENTHALER, BARTOLOTTA AND BREWSTER,
APRIL 6, 2017
REFERRED TO LABOR AND INDUSTRY, APRIL 6, 2017
AN ACT
Amending Titles 24 (Education) and 71 (State Government) of the
Pennsylvania Consolidated Statutes, in retirement for school
employees, further providing for definitions; in retirement
for State employees and officers, further providing for
credited State service; and providing for benefits and rights
for State employees.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "approved leave of absence" in
section 8102 of Title 24 of the Pennsylvania Consolidated
Statutes is amended and the section is amended by adding a
definition to read:
§ 8102. Definitions.
The following words and phrases when used in this part shall
have, unless the context clearly indicates otherwise, the
meanings given to them in this section:
* * *
"Approved leave of absence." A leave of absence for
activated military service or which has been approved by the
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employer for sabbatical leave, athletic leave of absence,
service as an exchange teacher, service with a collective
bargaining organization or professional study.
"Athletic leave of absence." Paid leave granted by an
employer to an employee chosen as a member of the official
United States delegation for athletic competition, as provided
for under Subdivision (f.1) of Article XI of the act of March
10, 1949 (P.L.30, No.14), known as the Public School Code of
1949.
* * *
Section 2. Section 5302(b) of Title 71 is amended by adding
a paragraph to read:
§ 5302. Credited State service.
* * *
(b) Creditable leaves of absence.--
* * *
(3) A member on an athletic leave of absence under
section 7101 (relating to athletic leaves of absence) shall
be eligible for credit for such service.
* * *
Section 3. Title 71 is amended by adding a part to read:
PART XXX
BENEFITS AND RIGHTS FOR
STATE EMPLOYEES
Chapter
71. Leaves of Absence
CHAPTER 71
LEAVES OF ABSENCE
Sec.
7101. Athletic leaves of absence.
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§ 7101. Athletic leaves of absence.
(a) General rule.--A State employee who qualifies as a
member of a United States team shall be entitled to an athletic
leave of absence for the purpose of preparing for and engaging
in the competition. In no event shall the paid leave under this
section exceed the period of the official training and
competition combined or 90 calendar days a year, whichever is
less.
(b) Salary while on leave.--The employee on athletic leave
of absence shall receive the employee's regular salary during
the period the employee is on leave.
(c) Rights retained.--The following shall apply:
(1) Every employee, while on athletic leave of absence,
shall be considered to be in regular full-time daily
attendance in the position from which the leave was taken,
during the period of leave, for the purpose of determining
the employee's length of service and the right to receive
increments, as provided by law.
(2) Every employee on leave of absence shall continue
membership in the State Employees' Retirement System. The
Commonwealth or other State Employees' Retirement System
employer shall pay into the State Employees' Retirement Fund
on behalf of each employee on leave, in addition to the
contributions required by law to be made by the fund, the
full amount of the contribution required by law to be paid by
the employee, as though the employee were in regular full-
time daily attendance in the position from which the leave
was taken, so that the employee's retirement rights shall be
in no way affected by the leave of absence. The amount of the
contribution required to be paid by the employee shall be
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deducted from any compensation payable to the employee while
on leave.
(d) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Member of a United States team." Any group leader, coach,
official, referee or athlete who comprises the official
delegation of the United States on a world championship team,
Pan American team or Olympic team in a sport sanctioned by the
International Olympic Committee.
Section 4. This act shall take effect in 60 days.
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