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                                                       PRINTER'S NO. 505

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 474 Session of 2003


        INTRODUCED BY KASUNIC, O'PAKE, WAGNER, MUSTO, STOUT, WOZNIAK,
           COSTA, KITCHEN, KUKOVICH, LOGAN, PUNT, RHOADES, SCHWARTZ,
           TARTAGLIONE AND C. WILLIAMS, MARCH 12, 2003

        REFERRED TO FINANCE, MARCH 12, 2003

                                     AN ACT

     1  Amending Titles 24 (Education) and 71 (State Government) of the
     2     Pennsylvania Consolidated Statutes, providing for permanent
     3     cost-of-living increases for retirees.

     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  § 8348.8.  Supplemental annuities commencing 2004.
     9     (a)  Benefits.--Commencing with the first monthly annuity
    10  payment after July 1, 2004, any eligible benefit recipient shall
    11  be entitled to receive a further additional monthly supplemental
    12  annuity from the system. This shall be in addition to the
    13  supplemental annuities provided for in sections 8348 (relating
    14  to supplemental annuities), 8348.1 (relating to additional
    15  supplemental annuities), 8348.2 (relating to further additional
    16  supplemental annuities), 8348.3 (relating to supplemental
    17  annuities commencing 1994), 8348.4 (relating to special
    18  supplemental postretirement adjustment), 8348.5 (relating to

     1  supplemental annuities commencing 1998), 8348.6 (relating to
     2  supplemental annuities commencing 2002) and 8348.7 (relating to
     3  supplemental annuities commencing 2003).
     4     (b)  Amount of supplemental annuity.--The amount of the
     5  supplemental annuity payable pursuant to this section shall be
     6  an amount equal to the increase in the Consumer Price Index for
     7  Urban Wage Earners for the immediately preceding calendar year.
     8     (c)  Payment.--The supplemental annuity provided under this
     9  section shall be paid automatically unless the annuitant files a
    10  written notice with the board requesting that the additional
    11  monthly supplemental annuity not be paid.
    12     (d)  Conditions.--The supplemental annuity provided under
    13  this section shall be payable under the same terms and
    14  conditions as provided under the option plan in effect as of
    15  July 1, 2004.
    16     (e)  Benefits to beneficiaries or survivors.--No supplemental
    17  annuity provided under this section shall be payable to the
    18  beneficiary or survivor annuitant of a member who dies before
    19  July 1, 2004.
    20     (f)  Funding.--
    21         (1)  Notwithstanding section 8328 (relating to actuarial
    22     cost method), the additional liability for the increase in
    23     benefits provided in this section shall be funded in annual
    24     installments increasing by 5% each year over a period of 20
    25     years beginning July 1, 2004.
    26         (2)  Notwithstanding the provisions of the act of       
    27     , 2004 (P.L.  , No. A), known as the General Appropriation
    28     Act of 2004, regarding payment for cost-of-living increases
    29     for annuitants, payments for cost-of-living increases for
    30     annuitants shall be made under section 8535 (relating to
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     1     payments to school entities by Commonwealth).
     2     (g)  Eligible benefit recipient.--As used in this section,
     3  the term "eligible benefit recipient" means a person who is
     4  receiving a superannuation, withdrawal or disability annuity on
     5  July 1, 2004, and whose most recent effective date of retirement
     6  is prior to July 1, 2003, but the supplemental annuities
     7  provided under this section shall not be payable to an annuitant
     8  receiving a withdrawal annuity prior to the first day of July
     9  coincident with or following the annuitant's attainment of
    10  superannuation age.
    11     Section 2.  Title 71 is amended by adding a section to read:
    12  § 5708.9.  Supplemental annuities commencing 2004.
    13     (a)  Benefits.--Commencing with the first monthly annuity
    14  payment after June 30, 2004, any eligible benefit recipient
    15  shall be entitled to receive a supplemental monthly annuity from
    16  the system. This shall be in addition to the supplemental
    17  annuities provided for in sections 5708 (relating to
    18  supplemental annuities), 5708.1 (relating to additional
    19  supplemental annuities), 5708.2 (relating to further additional
    20  supplemental annuities), 5708.3 (relating to supplemental
    21  annuities commencing 1994), 5708.5 (relating to supplemental
    22  annuities commencing 1998) 5708.6 (relating to supplemental
    23  annuities commencing 2002), 5708.7 (relating to supplemental
    24  annuities commencing 2003) and the special supplemental
    25  postretirement adjustments provided for in sections 5708.4
    26  (relating to special supplemental postretirement adjustment) and
    27  5708.8 (relating to special supplemental postretirement
    28  adjustment of 2002).
    29     (b)  Amount of supplemental annuity.--The amount of the
    30  supplemental annuity payable pursuant to this section shall be
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     1  an amount equal to the increase in the Consumer Price Index for
     2  Urban Wage Earners for the immediately preceding calendar year.
     3     (c)  Payment.--The supplemental annuity provided under this
     4  section shall be paid automatically unless the annuitant files a
     5  written notice with the board requesting that the additional
     6  monthly supplemental annuity not be paid.
     7     (d)  Conditions.--The supplemental annuity provided under
     8  this section shall be payable under the same terms and
     9  conditions as provided under the option plan in effect as of
    10  July 1, 2004.
    11     (e)  Benefits paid to beneficiaries or survivors.--No
    12  supplemental annuity provided under this section shall be
    13  payable to the beneficiary or survivor annuitant of a member who
    14  dies before July 1, 2004.
    15     (f)  Funding.--Notwithstanding section 5508(e) (relating to
    16  actuarial cost method), the additional liability for the
    17  increase in benefits provided in this section shall be funded in
    18  annual installments increasing by 5% each year over a period of
    19  20 years beginning July 1, 2004.
    20     (g)  Eligible benefit recipient.--As used in this section,
    21  the term "eligible benefit recipient" means a person who is
    22  receiving a superannuation, withdrawal or disability annuity on
    23  July 1, 2004, and whose most recent effective date of retirement
    24  is prior to July 1, 2003, but the supplemental annuities
    25  provided under this section shall not be payable to an annuitant
    26  receiving a withdrawal annuity prior to the first day of July
    27  coincident with or following the annuitant's attainment of
    28  superannuation age.
    29     Section 3.  This act shall take effect immediately.

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