HOUSE AMENDED
PRIOR PRINTER'S NOS. 859, 1807, 1819 PRINTER'S NO. 2074
No. 803 Session of 1997
INTRODUCED BY RHOADES, BELL, BRIGHTBILL, WENGER, WOZNIAK,
SALVATORE, COSTA, SCHWARTZ, MURPHY, KASUNIC, BODACK, ROBBINS,
STOUT, STAPLETON, PUNT, AFFLERBACH, MADIGAN, MUSTO, LAVALLE,
MELLOW, KUKOVICH, DELP AND CONTI, APRIL 1, 1997
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 8, 1998
AN ACT
1 Amending Title 24 (Education) TITLES 24 (EDUCATION) AND 71 <--
2 (STATE GOVERNMENT) of the Pennsylvania Consolidated Statutes,
3 providing for a new period of eligibility for special early <--
4 retirement; and further providing for standards of
5 compensation for employees of the board. FURTHER PROVIDING <--
6 FOR CREDITABLE NONSCHOOL SERVICE, FOR CREDITABLE NONSTATE
7 SERVICE AND FOR HEALTH INSURANCE.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Title 24 of the Pennsylvania Consolidated <--
11 Statutes is amended by adding a section to read:
12 § 8313. Eligibility for limited early retirement.
13 Notwithstanding any provisions of this title to the contrary,
14 the following early retirement provisions shall be applicable to
15 specified eligible members:
16 (1) Any member who, during the period of time from the
17 effective date of this section through July 10, 1998:
18 (i) has credit for at least 30 eligibility points;
1 (ii) terminates school service; and
2 (iii) files an application for retirement with an
3 effective date of retirement not later than July 11,
4 1998,
5 shall be entitled to receive a maximum single life annuity
6 calculated pursuant to section 8342 (relating to maximum
7 single life annuity) without any reduction by virtue of an
8 effective date of retirement which is under the
9 superannuation age.
10 (2) Any member who, during the period of time from April
11 1, 1999, through June 30, 1999:
12 (i) has credit for at least 30 eligibility points;
13 (ii) terminates school service; and
14 (iii) files an application for retirement with an
15 effective date of retirement not later than July 1, 1999,
16 shall be entitled to receive a maximum single life annuity
17 calculated pursuant to section 8342 without any reduction by
18 virtue of an effective date of retirement which is under the
19 superannuation age.
20 Section 2. Section 8502(a) of Title 24 is amended to read:
21 § 8502. Administrative duties of board.
22 (a) Employees.--The secretary, clerical and other employees
23 of the board and their successors whose positions on the
24 effective date of this part are under the classified service
25 provisions of the act of August 5, 1941 (P.L.752, No.286), known
26 as the Civil Service Act, shall continue under such provisions.
27 Notwithstanding any other provision of law, the compensation
28 [and classification shall be established by the board for the
29 secretary, the assistant secretary, investment professionals and
30 other professionals as designated by the board who are not
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1 covered by a collective bargaining agreement.] of all officers
2 and employees of the board who are not covered by a collective
3 bargaining agreement shall be established by the board
4 consistent with the standards of compensation established by the
5 Executive Board of the Commonwealth.
6 * * *
7 Section 3. This act shall take effect immediately.
8 SECTION 1. SECTION 8304(B)(7) AND (8) OF TITLE 24 OF THE <--
9 PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED TO READ:
10 § 8304. CREDITABLE NONSCHOOL SERVICE.
11 * * *
12 (B) LIMITATIONS ON NONSCHOOL SERVICE.--CREDITABLE NONSCHOOL
13 SERVICE CREDIT SHALL BE LIMITED TO:
14 * * *
15 (7) SERVICE FOR THE PERIOD OF TIME SPENT ON A MATERNITY
16 LEAVE OF ABSENCE REQUIRED BY THE EMPLOYER, WHICH CREDITABLE
17 SERVICE SHALL NOT EXCEED TWO YEARS PER LEAVE AND SHALL BE
18 APPLICABLE ONLY TO A MATERNITY LEAVE WHICH WAS MANDATORY
19 PRIOR TO MAY 17, 1975. [THE PURCHASE OF THIS SERVICE SHALL
20 BEGIN WITHIN ONE YEAR OF THE EMPLOYEE'S ELIGIBILITY TO
21 PURCHASE THIS CREDITABLE SERVICE.] THE PURCHASE OF THIS
22 SERVICE SHALL BE MADE ON OR BEFORE DECEMBER 31, 1999.
23 (8) SERVICE AS A NURSE FOR THE DEPARTMENT OF VETERANS
24 AFFAIRS OR THE FORMER VETERANS' ADMINISTRATION OR SERVICE IN
25 THE CADET NURSE CORPS WITH RESPECT TO ANY PERIOD OF TRAINING
26 AS A STUDENT OR GRADUATE NURSE UNDER A PLAN APPROVED UNDER
27 SECTION 2 OF THE ACT OF JUNE 15, 1943 (PUBLIC LAW 78-73, 57
28 STAT. 153), IF THE TOTAL PERIOD OF TRAINING UNDER THE PLAN
29 WAS AT LEAST TWO YEARS, THE CREDIT FOR SUCH SERVICE NOT TO
30 EXCEED THREE YEARS.
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1 * * *
2 SECTION 2. TITLE 24 IS AMENDED BY ADDING A SECTION TO READ:
3 § 8502.1. HEALTH INSURANCE.
4 (A) AUTHORITY.--THE BOARD SHALL SPONSOR A GROUP HEALTH
5 INSURANCE PROGRAM FOR ANNUITANTS, SPOUSES OF ANNUITANTS,
6 SURVIVOR ANNUITANTS AND THEIR DEPENDENTS. FIFTY PERCENT OF THE
7 COST OF THE PROGRAM SHALL BE BORNE BY THE COMMONWEALTH AND 50%
8 BY THE PARTICIPANTS. THE BOARD MAY PROMULGATE REGULATIONS
9 REGARDING THE PRUDENT AND EFFICIENT OPERATION OF THE PROGRAM,
10 INCLUDING, BUT NOT LIMITED TO:
11 (1) ESTABLISHMENT OF AN ANNUAL BUDGET AND DISBURSEMENTS
12 IN ACCORDANCE WITH THE BUDGET.
13 (2) DETERMINATION OF THE BENEFITS STRUCTURE.
14 (3) DETERMINATION OF ENROLLMENT PROCEDURES.
15 (4) ESTABLISHMENT OF PREMIUM RATES SUFFICIENT TO FULLY
16 FUND THE PROGRAM, INCLUDING ADMINISTRATIVE EXPENSES.
17 (5) CONTRACTING FOR GOODS, EQUIPMENT, SERVICES,
18 CONSULTANTS AND OTHER PROFESSIONAL PERSONNEL AS NEEDED TO
19 OPERATE THE PROGRAM.
20 (B) SEPARATE ACCOUNT.--ALL FUNDS RELATED TO THE HEALTH
21 INSURANCE PROGRAM SHALL BE MAINTAINED AND ACCOUNTED FOR
22 SEPARATELY FROM THE PUBLIC SCHOOL EMPLOYEES' RETIREMENT FUND.
23 (C) OPERATION.--THE BOARD MAY ESTABLISH AND OPERATE THE
24 PROGRAM THROUGH A LAWFULLY AUTHORIZED ENTITY.
25 (D) ADDITIONAL REQUIREMENTS.--THE ASSETS OF THE FUND SHALL
26 NOT BE LIABLE OR UTILIZED FOR PAYMENT OF ANY EXPENSES OR CLAIMS
27 INCURRED BY THE HEALTH INSURANCE PROGRAM. THE PROGRAM SHALL BE
28 AN APPROVED HEALTH INSURANCE PROGRAM FOR PURPOSES OF SECTION
29 8505(I)(RELATING TO DUTIES OF BOARD REGARDING APPLICATIONS AND
30 ELECTIONS OF MEMBERS) AND AN APPROVED INSURANCE CARRIER FOR
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1 PURPOSES OF SECTION 8509 (RELATING TO HEALTH INSURANCE PREMIUM
2 ASSISTANCE PROGRAM). THE PROGRAM SHALL NOT BE SUBJECT TO THE
3 PROVISIONS OF SECTION 8531 (RELATING TO STATE GUARANTEE).
4 SECTION 3. SECTION 5304(C)(6) OF TITLE 71 IS AMENDED TO
5 READ:
6 § 5304. CREDITABLE NONSTATE SERVICE.
7 * * *
8 (C) LIMITATIONS ON NONSTATE SERVICE.--CREDITABLE NONSTATE
9 SERVICE CREDIT SHALL BE LIMITED TO:
10 * * *
11 (6) SERVICE AS A NURSE FOR THE DEPARTMENT OF VETERANS
12 AFFAIRS OR THE FORMER VETERANS' ADMINISTRATION OR SERVICE IN
13 THE CADET NURSE CORPS WITH RESPECT TO ANY PERIOD OF TRAINING
14 AS A STUDENT OR GRADUATE NURSE UNDER A PLAN APPROVED UNDER
15 SECTION 2 OF THE ACT OF JUNE 15, 1943 (PUBLIC LAW 78-73, 57
16 STAT. 153), IF THE TOTAL PERIOD OF TRAINING UNDER SUCH PLAN
17 WAS AT LEAST TWO YEARS, THE CREDIT FOR SUCH SERVICE NOT TO
18 EXCEED THREE YEARS;
19 * * *
20 SECTION 4. THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
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