Article V of the Constitution of Pennsylvania, amounts in
the trust that have been ordered to be distributed to an
alternate payee as the result of an equitable
distribution of marital property as part of an approved
domestic relations order entered before the date of the
order or action in a court or other tribunal resulting in
a forfeiture of a participant's interest in the trust
shall not be subject to the provisions of the Public
Employee Pension Forfeiture Act or 42 Pa.C.S. § 3352. Any
accumulated employer defined contributions forfeited as a
result of this paragraph or other law shall be retained
by the board and notwithstanding sections 5812(2)
(relating to powers and duties of board), 5815 (relating
to expenses) and 5902(c) (relating to administrative
duties of the board) used for the payment of
administrative fees, costs and expenses of the plan.
* * *
Section 4. The following shall apply:
(1) The amendment of 71 Pa.C.S. §§ 5803, 5804(c),
5806(c), 5809(a) and (b), 5812(2), 5814(b), 5815, 5902(c)(3)
and 5953(a)(2)(ii):
(i) shall not be construed to mean that a method of
funding or paying the administrative fees, costs and
expenses of the State Employees' Defined Contribution
Plan was not in accordance with the provisions of 71
Pa.C.S. Pt. XXV, other applicable law or any trust or
plan document established under 71 Pa.C.S. Pt. XXV prior
to the effective date of this section; and
(ii) in relation to the requirements for providing
for the funding or payment of the administrative fees,
costs and expenses of the State Employees' Defined
Contribution Plan, any construction of 71 Pa.C.S. Pt. XXV
as amended by the amendment of §§ 5803, 5804(c), 5806(c),
5809(a) and (b), 5812(2), 5814(b), 5815, 5902(c)(3),
5953(a)(2)(ii) or any rule, regulation, trust or plan
document adopted or established under 71 Pa.C.S. Pt. XXV,
shall not create in any participant of the State
Employees' Defined Contribution Plan or in any other
person claiming an interest in the account of any
participant a contractual right, either express or
implied, in method or amount of funding or payment of the
fees, costs and expenses of the State Employees' Defined
Contribution Plan.
(2) The amendment of 71 Pa.C.S. § 5809(b)(3) shall only
apply to forfeitures after June 30, 2020.
(3) The addition of 71 Pa.C.S. § 5902(r) shall apply
beginning with the first period of July 1 through June 30
that commences after the effective date of this section.
Section 5. Repeals are as follows:
(1) The General Assembly declares that the repeal under
paragraph (2) is necessary to effectuate the amendment of 71
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