A00053
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
60
Session of
2019
INTRODUCED BY COX, BARRAR, BERNSTINE, DIAMOND, GILLEN, GROVE,
HEFFLEY, IRVIN, JAMES, JOZWIAK, KAUFFMAN, KEEFER, MENTZER,
B. MILLER, PICKETT, ROTHMAN, RYAN, ZIMMERMAN AND HERSHEY,
JANUARY 28, 2019
REFERRED TO COMMITTEE ON STATE GOVERNMENT, JANUARY 28, 2019
AN ACT
Amending Title 71 (State Government) of the Pennsylvania
Consolidated Statutes, in preliminary provisions relating to
retirement for State employees and officers, further
providing for definitions.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "State employee" in section
5102 of Title 71 of the Pennsylvania Consolidated Statutes is
amended to read:
§ 5102. Definitions.
The following words and phrases as used in this part, unless
a different meaning is plainly required by the context, shall
have the following meanings:
* * *
"State employee." Any person holding a State office or
position under the Commonwealth, employed by the State
Government of the Commonwealth, in any capacity whatsoever,
except an independent contractor or any person compensated on a
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
fee basis or any person paid directly by an entity other than a
State Employees' Retirement System employer, and shall include
members of the General Assembly, and any officer or employee of
the following:
(1) (i) The Department of Education.
(ii) State-owned educational institutions.
(iii) Community colleges.
(iv) The Pennsylvania State University, except an
employee in the College of Agriculture who is paid wholly
from Federal funds or an employee who is participating in
the Federal Civil Service Retirement System. The
university shall be totally responsible for all employer
contributions under section 5507 (relating to
contributions to the system by the Commonwealth and other
employers) and all employer defined contributions to the
trust under section 5806 (relating to employer defined
contributions).
(2) The Pennsylvania Turnpike Commission, the Delaware
River Port Authority, the Port Authority Transit Corporation,
the Philadelphia Regional Port Authority, the Delaware River
Joint Toll Bridge Commission, the State Public School
Building Authority, The General State Authority, the State
Highway and Bridge Authority, the Delaware Valley Regional
Planning Commission[,] and the Interstate Commission of the
Delaware River Basin[, and the Susquehanna River Basin
Commission] any time subsequent to its creation, provided the
commission or authority agrees to contribute and does
contribute to the fund or trust, from time to time, the
moneys required to build up the reserves necessary for the
payment of the annuities or other benefits of such officers
A00053 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
and employees without any liability on the part of the
Commonwealth to make appropriations for such purposes, and
provided in the case of employees of the Interstate
Commission of the Delaware River Basin, that the employee
shall have been a member of the system for at least ten years
prior to January 1, 1963.
(3) Any separate independent public corporation created
by statute, not including any municipal or quasi-municipal
corporation, so long as he remains an officer or employee of
such public corporation, and provided that such officer or
employee of such public corporation was an employee of the
Commonwealth immediately prior to his employment by such
corporation, and further provided such public corporation
shall agree to contribute and contributes to the fund or
trust, from time to time, the moneys required to build up the
reserves necessary for the payment of the annuities or other
benefits of such officers and employees without any liability
on the part of the Commonwealth to make appropriations for
such purposes.
* * *
Section 2. The amendment of the definition of "State
employee" in 71 Pa.C.S. § 5102 shall apply to employees of the
Susquehanna River Basin Commission who have no credited service
in either the State Employees' Retirement System or the Public
School Employees' Retirement System and whose most recent date
of hire by the commission is on or after the effective date of
this section.
Section 3. This act shall take effect immediately.
A00053 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28