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        PRIOR PRINTER'S NO. 322                        PRINTER'S NO. 538

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 309 Session of 1999


        INTRODUCED BY CONTI, TOMLINSON, MOWERY, STAPLETON AND RHOADES,
           FEBRUARY 3, 1999

        SENATOR HART, FINANCE, AS AMENDED, MARCH 8, 1999

                                     AN ACT

     1  Amending Title 24 (Education) of the Pennsylvania Consolidated
     2     Statutes, providing for certain employment by annuitants.      <--
     3     STATUTES, FURTHER PROVIDING FOR CREDITABLE NONSCHOOL SERVICE   <--
     4     AND FOR TERMINATION OF ANNUITIES.

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7     Section 1.  Section 8346(a) of Title 24 of the Pennsylvania    <--
     8  Consolidated Statutes is amended and the section is amended by
     9  adding a subsection to read:
    10     SECTION 1.  SECTION 8304(B)(8) OF TITLE 24 OF THE              <--
    11  PENNSYLVANIA CONSOLIDATED STATUTES IS AMENDED TO READ:
    12  § 8304.  CREDITABLE NONSCHOOL SERVICE.
    13     * * *
    14     (B)  LIMITATIONS ON NONSCHOOL SERVICE.--CREDITABLE NONSCHOOL
    15  SERVICE CREDIT SHALL BE LIMITED TO:
    16         * * *
    17         (8)  SERVICE IN THE CADET NURSE CORPS WITH RESPECT TO ANY
    18     PERIOD OF TRAINING AS A STUDENT OR GRADUATE NURSE UNDER A


     1     PLAN APPROVED UNDER SECTION 2 OF THE ACT OF JUNE 15, 1943
     2     (PUBLIC LAW 78-73, 57 STAT. 153), IF THE TOTAL PERIOD OF
     3     TRAINING UNDER THE PLAN WAS AT LEAST [TWO YEARS] ONE YEAR,
     4     THE CREDIT FOR SUCH SERVICE NOT TO EXCEED THREE YEARS.
     5     NOTWITHSTANDING THE REQUIREMENTS OF SUBSECTION (A), THE
     6     PURCHASE OF THIS CREDIT SHALL BE AVAILABLE ONLY TO ANNUITANTS
     7     WHO LEFT SCHOOL SERVICE AFTER JANUARY 1, 1984, BUT BEFORE
     8     SEPTEMBER 1, 1998.
     9     * * *
    10     SECTION 2.  SECTION 8346(A) OF TITLE 24 IS AMENDED AND THE
    11  SECTION IS AMENDED BY ADDING A SUBSECTION TO READ:
    12  § 8346.  Termination of annuities.
    13     (a)  General rule.--If an annuitant returns to school service
    14  or enters State service and elects multiple service membership,
    15  any annuity payable to him under this part shall cease and in
    16  the case of an annuity other than a disability annuity the
    17  present value of such annuity, adjusted for full coverage in the
    18  case of a joint coverage member who makes the appropriate back
    19  contributions for full coverage, shall be frozen as of the date
    20  such annuity ceases. An annuitant who is credited with an
    21  additional 10% of membership service as provided in section
    22  8302(b.2) (relating to credited school service) and who returns
    23  to school service, except as provided in subsection (b) or (e),
    24  shall forfeit such credited service and shall have his frozen
    25  present value adjusted as if his 10% retirement incentive had
    26  not been applied to his account. In the event that the cost-of-
    27  living increase enacted December 18, 1979, occurred during the
    28  period of such State or school employment, the frozen present
    29  value shall be increased, on or after the member attains
    30  superannuation age, by the percent applicable had he not
    19990S0309B0538                  - 2 -

     1  returned to service.
     2     * * *
     3     (e)  Exception.--An annuitant may be employed by a school
     4  district, intermediate unit or area vocational school as a
     5  coach, director or sponsor of a school activity under a separate
     6  contract, without being subject to the cessation of annuity
     7  provisions and the forfeiture provisions in subsection (a),
     8  provided the contract specifies that no credited service will be
     9  earned toward the account of the annuitant. No contributions by
    10  the annuitant, the employer or the Commonwealth shall be made to
    11  the annuitant's savings account for work provided under any such
    12  contract.
    13     Section 2 3.  This act shall take effect immediately.          <--












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