PRINTER'S NO. 562

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 505 Session of 1991


        INTRODUCED BY PISTELLA, WAMBACH, GEORGE, RITTER, PESCI, TELEK,
           STISH, DEMPSEY, GIGLIOTTI, LAUGHLIN, CESSAR, WOZNIAK,
           BELFANTI, COLAIZZO, McGEEHAN, DALEY, SERAFINI, STETLER,
           SALOOM, COWELL, BATTISTO, KUKOVICH, MELIO, ARGALL, HESS,
           JOSEPHS, PRESTON, NAHILL, COY, MICOZZIE, NICKOL, COLE,
           STABACK, VEON, WILSON, CAPPABIANCA, LESCOVITZ, TRELLO,
           PICCOLA, KRUSZEWSKI, BOWLEY, STURLA, VAN HORNE, STUBAN, FOX,
           RUDY, ITKIN, BELARDI, JOHNSON, BUNT, ROBINSON, McCALL,
           D. R. WRIGHT, MIHALICH, TRICH, CAWLEY AND RICHARDSON,
           MARCH 11, 1991

        REFERRED TO COMMITTEE ON APPROPRIATIONS, MARCH 11, 1991

                                     AN ACT

     1  Amending Title 71 (State Government) of the Pennsylvania
     2     Consolidated Statutes, adding provisions relating to credited
     3     service as a retirement incentive; and further providing for
     4     accrued liability.

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7     Section 1.  Section 5302(c) of Title 71 of the Pennsylvania
     8  Consolidated Statutes is amended and the section is amended by
     9  adding a subsection to read:
    10  § 5302.  Credited State service.
    11     * * *
    12     (c)  Credited service as retirement incentive.--
    13  Notwithstanding any provisions of this title to the contrary,
    14  for the period only of April 1, 1991, through September 30,
    15  1991, any active member having at least ten eligibility points,

     1  who has attained age 55 and upon termination of service has
     2  filed with the board an application for retirement shall be
     3  credited with an additional 10% of their Class A service. This
     4  provision shall not apply in the case of judges or justices,
     5  legislators, other elected officials or an officer of the
     6  Pennsylvania State Police.
     7     [(c)] (d)  Cancellation of credited service.--All credited
     8  service shall be cancelled if a member withdraws his total
     9  accumulated deductions.
    10     Section 2.  Sections 5508(c) and 5706(a) of Title 71 are
    11  amended to read:
    12  § 5508.  Actuarial cost method.
    13     * * *
    14     (c)  Accrued liability contribution rate.--For the fiscal
    15  year beginning July 1, 1969, the accrued liability contribution
    16  rate shall be computed as the rate of total compensation of all
    17  active members which shall be certified by the actuary as
    18  sufficient to fund over a period of 30 years from such date the
    19  present value of the liabilities for all prospective benefits,
    20  except supplemental benefits as provided in section 5708, in
    21  excess of the total assets in the fund, excluding the balance in
    22  the supplemental annuity account, and the present value of
    23  employer normal contributions and of member contributions
    24  payable with respect to all active members on such date during
    25  the remainder of their active service, assuming that the total
    26  compensation of all active members will increase at the annual
    27  rate of 4% compounded annually. Thereafter, the amount of each
    28  annual accrued liability contribution shall be at least 4%
    29  greater than the amount of such contribution for the previous
    30  fiscal year, except that, if the accrued liability is increased
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     1  by legislation enacted subsequent to July 1, 1969, such
     2  additional liability, except as provided for by section 5302(c)
     3  (relating to credited State service), shall be funded over a
     4  period of 30 years from the first day of July, coincident with
     5  or next following the effective date of the increase assuming
     6  that the total compensation of all active members will increase
     7  at the annual rate of 4% compounded annually. The added
     8  liability created by the enactment of section 5302(c) shall be
     9  funded over a period of ten years from July 1, 1992, on a
    10  uniform annual dollar amount over that period. The accrued
    11  liability contributions under this section shall be discontinued
    12  as soon as the total assets in the fund, excluding the balance
    13  in the supplemental annuity account, equals the present value of
    14  the liability for all prospective benefits, except the
    15  supplemental benefits as provided in section 5708, less the
    16  present value of the prospective employer normal contributions
    17  and of member contributions payable with respect to all active
    18  members on such date during the remainder of their active
    19  service.
    20     * * *
    21  § 5706.  Termination of annuities.
    22     (a)  General rule.--If the annuitant returns to State service
    23  or enters school service and elects multiple service membership,
    24  any annuity payable to him under this part shall cease and in
    25  the case of an annuity other than a disability annuity the
    26  present value of such annuity, adjusted for full coverage in the
    27  case of a joint coverage member who makes the appropriate back
    28  contributions for full coverage, shall be frozen as of the date
    29  such annuity ceases. An annuitant who is credited with an
    30  additional 10% of Class A service as provided in section 5302(c)
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     1  (relating to credited State service) and who returns to State
     2  service shall forfeit such credited service and shall have his
     3  frozen present value adjusted accordingly. In the event that the
     4  cost-of-living increase enacted December 18, 1979, occurred
     5  during the period of such State or school employment, the frozen
     6  present value shall be increased, on or after the member attains
     7  superannuation age, by the percent applicable had he not
     8  returned to service. This subsection shall not apply in the case
     9  of any annuitant who may render services to the Commonwealth in
    10  the capacity of an independent contractor or as a member of an
    11  independent board or commission or as a member of a departmental
    12  administrative or advisory board or commission when such members
    13  of independent or departmental boards or commissions are
    14  compensated on a per diem basis for not more than 100 days per
    15  calendar year.
    16     * * *
    17     Section 3.  This act shall take effect immediately.









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