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Senate Co-Sponsorship Memoranda

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Senate of Pennsylvania
Session of 2021 - 2022 Regular Session


Posted: January 7, 2021 09:57 AM
From: Senator Vincent J. Hughes
To: All Senate members
Subject: Spousal Consent to Pension Benefits Election
In the near future, I will reintroduce Senate Bill 192, which requires spousal consent when a retiring commonwealth employee chooses how his or her pension benefit is to be paid. Presently, Pennsylvania does not require spousal consent when an employee retires.

As a consequence of current law, a decedent who was a commonwealth employee may select a pension benefit that does not provide continuing payments to his or her spouse in the event he or she passes before the spouse. The law does not require notice to or consent of the spouse should the state employee make such a selection.

The federal government, in an effort to protect each spouse from his or her spouse’s selection of a pension benefit which does not provide income security to both spouses, passed the Retirement Equity Act of 1984.

My legislation would be modeled after the federal legislation and provide protections for the spouse who is not a member of the state retirement plan.

Please join me in co-sponsoring this legislation. 

If you have any questions please contact my Chief Counsel, Michael Deery, at 717-787-7112 or at Michael.Deery@pasenate.com.

Introduced as SB303