PRIOR PRINTER'S NO. 103 PRINTER'S NO. 2987
No. 106 Session of 1991
INTRODUCED BY RUDY, ITKIN, D. R. WRIGHT, PESCI, PRESTON, MELIO,
TRELLO, LAUGHLIN, LEVDANSKY, JAMES, FREEMAN, JOSEPHS, HARPER,
TELEK, E. Z. TAYLOR, COHEN, COLAIZZO, ANGSTADT, DALEY,
STEELMAN, LINTON, PISTELLA, MARKOSEK, CARONE AND FARMER,
JANUARY 29, 1991
AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF
REPRESENTATIVES, AS AMENDED, JANUARY 28, 1992
AN ACT
1 Amending Title 71 (State Government) of the Pennsylvania
2 Consolidated Statutes, providing for the purchase of
3 retirement credits by members of the Peace Corps; AND <--
4 PROVIDING FOR NONINTERVENING MILITARY SERVICE.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 5304(c) SECTIONS 5304(C) AND 5505(B) of <--
8 Title 71 of the Pennsylvania Consolidated Statutes is ARE <--
9 amended to read:
10 § 5304. Creditable nonstate service.
11 * * *
12 (c) Limitations on nonstate service.--Creditable nonstate <--
13 service credit shall be limited to:
14 (1) intervening military service;
15 (2) other military service not exceeding five years;
16 (3) service in any public school or public educational
17 institution in any state other than this Commonwealth or in
1 any territory or area under the jurisdiction of the United
2 States; or service as an administrator, teacher, or
3 instructor in the field of education for any agency or
4 department of the government of the United States, whether or
5 not such area was under the jurisdiction of the United
6 States, the total of such service not exceeding the lesser of
7 ten years or the number of years of active membership in the
8 system, as an officer or employee of the Department of
9 Education or as an administrator, teacher, or instructor
10 employed in any State-owned educational institution or The
11 Pennsylvania State University;
12 (4) previous service with a governmental agency other
13 than the Commonwealth which employment with said agency was
14 terminated because of the transfer by statute of the
15 administration of such service or of the entire agency to the
16 Commonwealth;
17 (5) service as a temporary Federal employee assigned to
18 an air quality control complement for the Pennsylvania
19 Department of Environmental Resources at any time during the
20 period of 1970 through 1975. This service time may be
21 purchased only if the member makes an election to purchase
22 within one year of the effective date of this paragraph, and
23 the member shall pay an amount which is equal to the full
24 actuarial cost of the increased benefit obtained by virtue of
25 the purchase as provided in section 5505(f);
26 (6) service in the Cadet Nurse Corps with respect to any
27 period of training as a student or graduate nurse under a
28 plan approved under section 2 of the act of June 15, 1943
29 (Public Law 78-73, 57 Stat. 153), if the total period of
30 training under such plan was at least two years, the credit
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1 for such service not to exceed three years; [or]
2 (7) service prior to July 1, 1971, at a community
3 college established under the act of August 24, 1963
4 (P.L.1132, No.484), known as the Community College Act of
5 1963[.]; or
6 (C) LIMITATIONS ON NONSTATE SERVICE.--CREDITABLE NONSTATE <--
7 SERVICE CREDIT SHALL BE LIMITED TO:
8 (1) INTERVENING MILITARY SERVICE;
9 (2) MILITARY SERVICE OTHER THAN INTERVENING MILITARY
10 SERVICE AND MILITARY SERVICE PURCHASABLE UNDER SECTION
11 5302(D) (RELATING TO CREDITED STATE SERVICE) NOT EXCEEDING
12 FIVE YEARS, PROVIDED THAT A MEMBER WITH MULTIPLE SERVICE MAY
13 NOT PURCHASE MORE THAN A TOTAL OF FIVE YEARS OF MILITARY
14 SERVICE IN BOTH THE SYSTEM AND THE PUBLIC SCHOOL EMPLOYEES'
15 RETIREMENT SYSTEM;
16 (3) IN THE CASE OF AN ACADEMIC ADMINISTRATOR, TEACHER OR
17 INSTRUCTOR EMPLOYED IN THE DEPARTMENT OF EDUCATION, THE STATE
18 SYSTEM OF HIGHER EDUCATION, ANY STATE-OWNED EDUCATIONAL
19 INSTITUTION OR THE PENNSYLVANIA STATE UNIVERSITY, PROVIDED
20 THAT THE TOTAL AMOUNT OF SERVICE CREDITABLE UNDER THIS
21 PARAGRAPH SHALL NOT EXCEED THE LESSER OF TEN YEARS OR THE
22 NUMBER OF YEARS OF ACTIVE MEMBERSHIP IN THE SYSTEM AS AN
23 ACADEMIC ADMINISTRATOR, TEACHER OR INSTRUCTOR IN THE
24 DEPARTMENT OF EDUCATION, STATE SYSTEM OF HIGHER EDUCATION,
25 ANY STATE-OWNED EDUCATIONAL INSTITUTION OR THE PENNSYLVANIA
26 STATE UNIVERSITY:
27 (I) NONSTUDENT SERVICE AS AN ACADEMIC ADMINISTRATOR,
28 TEACHER OR INSTRUCTOR IN ANY PUBLIC SCHOOL OR PUBLIC
29 EDUCATIONAL INSTITUTION IN ANY STATE OTHER THAN THIS
30 COMMONWEALTH; OR
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1 (II) NONSTUDENT SERVICE AS AN ACADEMIC
2 ADMINISTRATOR, TEACHER OR INSTRUCTOR IN THE FIELD OF
3 EDUCATION FOR ANY AGENCY OR DEPARTMENT OF THE FEDERAL
4 GOVERNMENT, WHETHER OR NOT SUCH AREA WAS UNDER THE
5 JURISDICTION OF THE UNITED STATES;
6 (4) PREVIOUS SERVICE WITH A GOVERNMENTAL AGENCY OTHER
7 THAN THE COMMONWEALTH WHICH EMPLOYMENT WITH SAID AGENCY WAS
8 TERMINATED BECAUSE OF THE TRANSFER BY STATUTE OF THE
9 ADMINISTRATION OF SUCH SERVICE OR OF THE ENTIRE AGENCY TO THE
10 COMMONWEALTH;
11 (5) SERVICE AS A TEMPORARY FEDERAL EMPLOYEE ASSIGNED TO
12 AN AIR QUALITY CONTROL COMPLEMENT FOR THE PENNSYLVANIA
13 DEPARTMENT OF ENVIRONMENTAL RESOURCES AT ANY TIME DURING THE
14 PERIOD OF 1970 THROUGH 1975. THIS SERVICE TIME MAY BE
15 PURCHASED ONLY IF THE MEMBER MAKES AN ELECTION TO PURCHASE
16 WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS PARAGRAPH, AND
17 THE MEMBER SHALL PAY AN AMOUNT WHICH IS EQUAL TO THE FULL
18 ACTUARIAL COST OF THE INCREASED BENEFIT OBTAINED BY VIRTUE OF
19 THE PURCHASE AS PROVIDED IN SECTION 5505(F);
20 (6) SERVICE IN THE CADET NURSE CORPS WITH RESPECT TO ANY
21 PERIOD OF TRAINING AS A STUDENT OR GRADUATE NURSE UNDER A
22 PLAN APPROVED UNDER SECTION 2 OF THE ACT OF JUNE 15, 1943
23 (PUBLIC LAW 78-73, 57 STAT. 153), IF THE TOTAL PERIOD OF
24 TRAINING UNDER SUCH PLAN WAS AT LEAST TWO YEARS, THE CREDIT
25 FOR SUCH SERVICE NOT TO EXCEED THREE YEARS;
26 (7) SERVICE PRIOR TO JULY 1, 1971, AT A COMMUNITY
27 COLLEGE ESTABLISHED UNDER THE ACT OF AUGUST 24, 1963
28 (P.L.1132, NO.484), KNOWN AS THE COMMUNITY COLLEGE ACT OF
29 1963; [OR]
30 (8) SERVICE AS A JUSTICE OF THE PEACE PRIOR TO JANUARY
19910H0106B2987 - 4 -
1 1970[.]; OR
2 (8) (9) service, including training, as a member of the <--
3 United States Peace Corps, if the total period of service,
4 including training, was at least two years, with the credit
5 for such service not to exceed three years.
6 * * *
7 § 5505. CONTRIBUTIONS FOR THE PURCHASE OF CREDIT FOR CREDITABLE <--
8 NONSTATE SERVICE.
9 * * *
10 (B) NONINTERVENING MILITARY SERVICE.--
11 (1) THE AMOUNT DUE FOR THE PURCHASE OF CREDIT FOR
12 MILITARY SERVICE OTHER THAN INTERVENING MILITARY SERVICE
13 SHALL BE DETERMINED BY APPLYING THE MEMBER'S BASIC
14 CONTRIBUTION RATE, THE ADDITIONAL CONTRIBUTION RATE PLUS THE
15 COMMONWEALTH NORMAL CONTRIBUTION RATE FOR ACTIVE MEMBERS AT
16 THE TIME OF ENTRY, SUBSEQUENT TO SUCH MILITARY SERVICE, OF
17 THE MEMBER INTO STATE SERVICE TO HIS AVERAGE ANNUAL RATE OF
18 COMPENSATION OVER THE FIRST THREE YEARS OF SUCH SUBSEQUENT
19 STATE SERVICE AND MULTIPLYING THE RESULT BY THE NUMBER OF
20 YEARS AND FRACTIONAL PART OF A YEAR OF CREDITABLE
21 NONINTERVENING MILITARY SERVICE BEING PURCHASED TOGETHER WITH
22 STATUTORY INTEREST DURING ALL PERIODS OF SUBSEQUENT STATE AND
23 SCHOOL SERVICE TO DATE OF PURCHASE. UPON APPLICATION FOR
24 CREDIT FOR SUCH SERVICE, PAYMENT SHALL BE MADE IN A LUMP SUM
25 WITHIN 30 DAYS OR IN THE CASE OF AN ACTIVE MEMBER IT MAY BE
26 AMORTIZED WITH STATUTORY INTEREST THROUGH SALARY DEDUCTIONS
27 IN AMOUNTS AGREED UPON BY THE MEMBER AND THE BOARD.
28 APPLICATION MAY BE FILED FOR ALL SUCH MILITARY SERVICE CREDIT
29 UPON COMPLETION OF THREE YEARS OF SUBSEQUENT STATE SERVICE
30 AND SHALL BE CREDITED AS CLASS A SERVICE.
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1 (2) APPLICANTS MAY PURCHASE CREDIT AS FOLLOWS:
2 (I) ONE PURCHASE OF THE TOTAL AMOUNT OF CREDITABLE
3 NONINTERVENING MILITARY SERVICE; OR
4 (II) ONE PURCHASE PER 12-MONTH PERIOD OF A PORTION
5 OF CREDITABLE NONINTERVENING MILITARY SERVICE.
6 THE AMOUNT OF EACH PURCHASE SHALL BE NOT LESS THAN ONE YEAR
7 OF CREDITABLE NONINTERVENING MILITARY SERVICE.
8 * * *
9 Section 2. This act shall take effect in 60 days.
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