SENATE AMENDED
PRIOR PRINTER'S NOS. 254, 1898 PRINTER'S NO. 3461
No. 225 Session of 2003
INTRODUCED BY PERZEL, STAIRS, S. H. SMITH, BAKER, BALDWIN,
CAPPELLI, CLYMER, COLEMAN, COY, CREIGHTON, CRUZ, DALEY,
DALLY, DeWEESE, J. EVANS, FAIRCHILD, FEESE, FLEAGLE, FLICK,
FRANKEL, GEIST, GEORGE, GORDNER, HERMAN, HERSHEY, HESS,
HICKERNELL, KELLER, KENNEY, LAUGHLIN, LEH, LEWIS, MANN,
McILHATTAN, McNAUGHTON, R. MILLER, NAILOR, NICKOL, PHILLIPS,
PICKETT, READSHAW, REED, SCAVELLO, SCRIMENTI, SOLOBAY,
STABACK, T. STEVENSON, E. Z. TAYLOR, TRAVAGLIO, TRUE, TURZAI,
WANSACZ, WATSON, WILT, MARKOSEK, SATHER, HARHAI, YOUNGBLOOD,
RAYMOND, HARHART, MANDERINO, ROBERTS, COSTA, HORSEY,
S. MILLER, DIVEN, REICHLEY, THOMAS, FICHTER, WASHINGTON,
JAMES, ARMSTRONG, ALLEN AND GOODMAN, FEBRUARY 11, 2003
SENATOR EARLL, FINANCE, IN SENATE, AS AMENDED, MARCH 16, 2004
AN ACT
1 Amending Title 24 (Education) of the Pennsylvania Consolidated
2 Statutes, further providing for termination of annuities.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Section 8346(b) of Title 24 of the Pennsylvania <--
6 Consolidated Statutes is amended to read:
7 SECTION 1. SECTION 8346(B) AND (B.1) OF TITLE 24 OF THE <--
8 PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED TO READ:
9 § 8346. Termination of annuities.
10 * * *
11 (b) Return to school service during emergency.--When, in the
12 judgment of the employer, an emergency creates an increase in
1 the work load such that there is serious impairment of service
2 to the public or in the event of a shortage of appropriate
3 subject certified teachers or other personnel, an annuitant may
4 be returned to school service for a period not to [exceed 95
5 full-day sessions in any] extend beyond the school year during
6 which the emergency or shortage occurs, without loss of his
7 annuity. [In computing the number of days an annuitant has
8 returned to school service, any amount of time less than one-
9 half of a day shall be counted as one-half of a day.] The
10 annuitant shall not be entitled to earn any credited service,
11 and no contributions may be made by the annuitant, the employer
12 or the Commonwealth on account of such employment.
13 (B.1) RETURN TO SCHOOL SERVICE IN AN EXTRACURRICULAR <--
14 POSITION.--
15 (1) AN ANNUITANT MAY BE EMPLOYED UNDER SEPARATE CONTRACT
16 BY A [SCHOOL ENTITY] PUBLIC SCHOOL OR CHARTER SCHOOL IN AN
17 EXTRACURRICULAR POSITION PERFORMED PRIMARILY OUTSIDE REGULAR
18 INSTRUCTIONAL HOURS AND NOT PART OF MANDATED CURRICULUM
19 WITHOUT LOSS OF ANNUITY. NEITHER THE ANNUITANT NOR THE
20 EMPLOYER SHALL MAKE CONTRIBUTIONS TO THE MEMBER'S SAVINGS
21 ACCOUNT OR STATE ACCUMULATION ACCOUNT RESPECTIVELY FOR SUCH
22 SERVICE. FURTHER, SUCH CONTRACT SHALL CONTAIN A WAIVER
23 WHEREBY THE ANNUITANT WAIVES ANY POTENTIAL RETIREMENT
24 BENEFITS THAT COULD ARISE FROM THE CONTRACT AND RELEASES THE
25 EMPLOYER AND THE BOARD FROM ANY LIABILITY FOR SUCH BENEFITS.
26 (2) FOR PURPOSES OF THIS SUBSECTION, THE TERM
27 "EXTRACURRICULAR POSITION" MEANS A CONTRACT POSITION FILLED
28 BY AN ANNUITANT THAT IS IN ADDITION TO OR SEPARATE FROM THE
29 ESTABLISHED ACADEMIC COURSE STRUCTURE AND THAT INVOLVES
30 EITHER DIRECT SUPERVISION, INSTRUCTION, ADVISING OR COACHING
20030H0225B3461 - 2 -
1 OF STUDENTS OR DIRECT ADMINISTRATIVE SUPPORT FOR AN
2 INDIVIDUAL WHO SUPERVISES, INSTRUCTS, ADVISES OR COACHES
3 STUDENTS.
4 * * *
5 SECTION 2. THE AMENDMENT OF 24 PA.C.S. § 8346(B.1) SHALL <--
6 APPLY RETROACTIVELY TO JULY 1, 2001.
7 Section 2 3. This act shall take effect immediately. <--
A16L24DMS/20030H0225B3461 - 3 -