PRIOR PRINTER'S NO. 972 PRINTER'S NO. 1718
No. 854 Session of 1989
INTRODUCED BY KOSINSKI, BELFANTI, MRKONIC, COHEN, MORRIS,
KUKOVICH, CALTAGIRONE, TRELLO, TIGUE, STABACK, KASUNIC,
HAYDEN, CAWLEY, PISTELLA, COLAFELLA, JOSEPHS, BATTISTO, VEON,
HALUSKA, BILLOW, JAMES, BELARDI, RICHARDSON, CORRIGAN,
J. TAYLOR, JOHNSON, GODSHALL, KENNEY, BUNT, REBER, SERAFINI,
WOGAN, FOX AND PHILLIPS, APRIL 3, 1989
AS REPORTED FROM COMMITTEE ON MILITARY AND VETERANS AFFAIRS,
HOUSE OF REPRESENTATIVES, AS AMENDED, MAY 22, 1989
AN ACT
1 Amending Title TITLES 24 (EDUCATION) AND 71 (State Government) <--
2 of the Pennsylvania Consolidated Statutes, further providing
3 for creditable NONSCHOOL AND nonstate service. <--
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 SECTION 1. SECTION 8304(A) OF TITLE 24 OF THE PENNSYLVANIA <--
7 CONSOLIDATED STATUTES IS AMENDED TO READ:
8 § 8304. CREDITABLE NONSCHOOL SERVICE.
9 (A) ELIGIBILITY.--AN ACTIVE MEMBER, AN ANNUITANT OR A
10 MULTIPLE SERVICE MEMBER OR ANNUITANT WHO IS AN ACTIVE MEMBER OF
11 THE STATE EMPLOYEES' RETIREMENT SYSTEM SHALL BE ELIGIBLE TO
12 RECEIVE CLASS T-C SERVICE CREDIT FOR CREDITABLE NONSCHOOL
13 SERVICE AS SET FORTH IN SUBSECTION (B) PROVIDED THAT HE IS NOT
14 ENTITLED TO RECEIVE, ELIGIBLE TO RECEIVE NOW OR IN THE FUTURE,
15 OR IS RECEIVING RETIREMENT BENEFITS [FOR SUCH SERVICE UNDER A
16 RETIREMENT SYSTEM ADMINISTERED AND WHOLLY OR PARTIALLY PAID FOR
1 BY ANY OTHER GOVERNMENTAL AGENCY OR BY ANY PRIVATE EMPLOYER, OR]
2 FROM A RETIREMENT PROGRAM APPROVED BY THE EMPLOYER IN ACCORDANCE
3 WITH SECTION 8301(A)(1) (RELATING TO MANDATORY AND OPTIONAL
4 MEMBERSHIP), AND FURTHER PROVIDED THAT SUCH SERVICE IS CERTIFIED
5 BY THE PREVIOUS EMPLOYER AND THE MANNER OF PAYMENT OF THE AMOUNT
6 DUE IS AGREED UPON BY THE MEMBER, THE EMPLOYER, AND THE BOARD.
7 IF AN ANNUITANT OPTS TO PURCHASE HIS OR HER NONSTATE SERVICE,
8 HIS OR HER RETIREMENT BENEFITS SHALL BE RECALCULATED TO REFLECT
9 THE INCREASED BENEFITS DUE AFTER THE NECESSARY CONTRIBUTIONS
10 WERE MADE IN ACCORDANCE WITH SECTION 8324 (RELATING TO
11 CONTRIBUTIONS FOR THE PURCHASE OF CREDIT FOR CREDITABLE
12 NONSCHOOL SERVICE).
13 * * *
14 Section 1 2. Section 5304(a) and (b) of Title 71 of the <--
15 Pennsylvania Consolidated Statutes are amended to read:
16 § 5304. Creditable nonstate service.
17 (a) Eligibility.--An active member, an annuitant or a
18 multiple service member who is a school employee and an active
19 member or annuitant of the Public School Employees' Retirement
20 System shall be eligible for Class A service credit for
21 creditable nonstate service as set forth in subsections (b) and
22 (c) except that intervening military service shall be credited
23 in the class of service for which the member was eligible at the
24 time of entering into military service and for which he makes
25 the required contributions.
26 (b) Limitations on eligibility.--An active member, an
27 annuitant or a multiple service member who is a school employee
28 and an active member or annuitant of the Public School
29 Employees' Retirement System shall be eligible to receive credit
30 for nonstate service provided that he does not have credit for
19890H0854B1718 - 2 -
1 such service in the school system [and is not entitled to
2 receive, eligible to receive now or in the future, or is
3 receiving retirement benefits for such service under a
4 retirement system administered and wholly or partially paid for
5 by any other governmental agency or by any private employer,] or
6 a retirement program approved by the employer in accordance with
7 section 5301(a)(12) (relating to mandatory and optional
8 membership), and further provided, that such service is
9 certified by the previous employer and contributions are agreed
10 upon and made in accordance with section 5505 (relating to
11 contributions for the purchase of credit for creditable nonstate
12 service). If an annuitant opts to purchase his or her nonstate
13 service, his or her retirement benefits shall be recalculated to
14 reflect the increased benefits due after the necessary
15 contributions were made in accordance with section 5505.
16 * * *
17 Section 2 3. The provisions of this act shall be retroactive <--
18 to January 1, 1974.
19 Section 3 4. This act shall take effect immediately. <--
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