PRINTER'S NO. 1222
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1051
Session of
2017
INTRODUCED BY CUTLER, BURNS, McNEILL, DRISCOLL, THOMAS, O'BRIEN,
A. HARRIS, GOODMAN AND D. COSTA, APRIL 3, 2017
REFERRED TO COMMITTEE ON STATE GOVERNMENT, APRIL 3, 2017
AN ACT
Amending Title 71 (State Government) of the Pennsylvania
Consolidated Statutes, in retirement for State employees and
officers, further providing for definitions and for
creditable nonstate service.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5102 of Title 71 of the Pennsylvania
Consolidated Statutes is amended by adding a definition to read:
§ 5102. Definitions.
The following words and phrases as used in this part, unless
a different meaning is plainly required by the context, shall
have the following meanings:
* * *
" Municipal police officer. " An individual employed as a
police officer who is certified under the act of February 1,
1974 (P.L.34, No.15), known as the Pennsylvania Municipal
Retirement Law.
* * *
Section 2. Section 5304(c) of Title 71 is amended to read:
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§ 5304. Creditable nonstate service.
* * *
(c) Limitations on nonstate service.--Creditable nonstate
service credit shall be limited to:
(1) intervening military service if the member returned
to State service before January 1, 2012;
(2) (i) military service other than:
(A) intervening military service;
(B) military service purchasable under former
section 5302(d) (relating to credited State service)
or 5302(f)(1); and
(C) military service performed during USERRA
leave if the member was reemployed from USERRA leave.
(ii) the total creditable nonstate service under
this paragraph may not exceed 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 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:
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(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 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 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 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 prior to July 1, 1971, at a community
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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 as a justice of the peace prior to January
1970[.]; or
(9) service as a municipal police officer within this
Commonwealth by a member of the Pennsylvania State Police,
the credit for such service not to exceed five years.
* * *
Section 3. This act shall take effect in 60 days.
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