PRINTER'S NO. 2593
No. 2106 Session of 1993
INTRODUCED BY M. COHEN, LUCYK, O'BRIEN, THOMAS, CAWLEY, KENNEY,
MIHALICH, GIGLIOTTI, JAROLIN, DALEY, VEON, TRELLO, KING,
WAUGH, STABACK, ROONEY, McCALL, HENNESSEY, JOSEPHS, FREEMAN,
WILLIAMS, WOGAN, KASUNIC, PETRARCA, LaGROTTA, CURRY, DEMPSEY
AND NAILOR, OCTOBER 6, 1993
REFERRED TO COMMITTEE ON EDUCATION, OCTOBER 6, 1993
AN ACT
1 Amending Titles 24 (Education) and 71 (State Government) of the
2 Pennsylvania Consolidated Statutes, providing for special
3 supplemental postretirement adjustments.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 24 of the Pennsylvania Consolidated
7 Statutes is amended by adding a section to read:
8 § 8348.3. Special supplemental postretirement adjustment.
9 (a) Eligibility.--An annuitant who:
10 (1) retired after October 1, 1975, and before January
11 19, 1984;
12 (2) has military service as set forth in section
13 8304(b)(1) or (2) (relating to creditable nonschool service);
14 (3) is receiving or will receive retirement pay under 10
15 U.S.C. Ch. 67 (relating to retired pay for nonregular
16 service) for this military service; and
17 (4) has not purchased nonschool service credit for this
1 military service;
2 shall be eligible for this special supplemental postretirement
3 adjustment.
4 (b) Calculation of adjustment.--The monthly amount of this
5 special supplemental postretirement adjustment shall be equal to
6 the final average salary multiplied by 2% multiplied by the
7 years of this military service divided by 12 multiplied by any
8 applicable early retirement or option factors.
9 (c) Adjustment paid.--Upon receipt of a timely request by an
10 eligible annuitant, the system shall pay this special
11 supplemental postretirement adjustment monthly from the
12 effective date of this section.
13 (d) Adjustment enacted after death of annuitant.--No special
14 supplemental postretirement adjustment enacted after the death
15 of an annuitant shall be payable to the beneficiary or survivor
16 annuitant of the deceased annuitant.
17 (e) Future supplemental annuities.--This special
18 supplemental postretirement adjustment shall be included in the
19 total annuity, and this military service shall be included in
20 the total credited service in determining all future
21 supplemental annuities.
22 (f) Court-ordered purchase of nonschool service.--If a court
23 of competent jurisdiction rules that an annuitant who is
24 receiving or will receive retirement pay under 10 U.S.C. Ch. 67
25 for this military service is eligible under section 8304(b)(1)
26 or (2) to purchase nonschool service credit for this military
27 service, this special supplemental postretirement adjustment
28 shall stop with the annuitant's purchase of nonschool service
29 credit for this military service, and the total amount of this
30 special supplemental postretirement paid to the annuitant from
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1 the effective date of this section shall be subtracted from any
2 increase in the annuity caused by the court-ordered purchase of
3 nonschool service credit for this military service.
4 Section 2. Title 71 is amended by adding a section to read:
5 § 5708.3. Special supplemental postretirement adjustment.
6 (a) Eligibility.--An annuitant who:
7 (1) retired after February 28, 1974, and before January
8 19, 1984;
9 (2) has military service as set forth in section
10 5304(c)(1) or (2) (relating to creditable nonstate service);
11 (3) is receiving or will receive retirement pay under 10
12 U.S.C. Ch. 67 (relating to retired pay for nonregular
13 service) for this military service; and
14 (4) has not purchased nonstate service credit for this
15 military service;
16 shall be eligible for this special supplemental postretirement
17 adjustment.
18 (b) Calculation of adjustment.--The monthly amount of this
19 special supplemental postretirement adjustment shall be equal to
20 the final average salary multiplied by 2% multiplied by the
21 years of this military service divided by 12 multiplied by any
22 applicable early retirement or option factors.
23 (c) Adjustment paid.--Upon receipt of a timely request by an
24 eligible annuitant, the system shall pay this special
25 supplemental postretirement adjustment monthly from the
26 effective date of this section.
27 (d) Adjustment enacted after death of annuitant.--No special
28 supplemental postretirement adjustment enacted after the death
29 of an annuitant shall be payable to the beneficiary or survivor
30 annuitant of the deceased annuitant.
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1 (e) Future supplemental annuities.--This special
2 supplemental postretirement adjustment shall be included in the
3 total annuity, and this military service shall be included in
4 the total credited service in determining all future
5 supplemental annuities.
6 (f) Court-ordered purchase of nonstate service.--If a court
7 of competent jurisdiction rules that an annuitant who is
8 receiving or will receive retirement pay under 10 U.S.C. Ch. 67
9 for this military service is eligible under section 5304(c)(1)
10 or (2) to purchase nonstate service credit for this military
11 service, this special supplemental postretirement adjustment
12 shall stop with the annuitant's purchase of nonstate service
13 credit for this military service, and the total amount of this
14 special supplemental postretirement adjustment paid to the
15 annuitant from the effective date of this section shall be
16 subtracted from any increase in the annuity caused by the court
17 ordered purchase of nonstate service credit for this military
18 service.
19 Section 3. This act shall be retroactive to January 1, 1974.
20 Section 4. This act shall take effect immediately.
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