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                                                      PRINTER'S NO. 3782

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2738 Session of 1998


        INTRODUCED BY STEVENSON, NAILOR, PLATTS, FARGO, M. COHEN, DRUCE,
           ROONEY, STABACK, FLEAGLE, STERN, BENNINGHOFF, MAITLAND,
           HALUSKA, ZUG, GEIST, BELFANTI, BARD, SEYFERT, TRELLO,
           YOUNGBLOOD, ORIE, B. SMITH, L. I. COHEN, EGOLF, YEWCIC,
           HARHAI, BOSCOLA, ARGALL, CORRIGAN, SCRIMENTI, MAHER, SURRA,
           HENNESSEY, THOMAS, GODSHALL, DALLY, MILLER, SANTONI,
           McILHATTAN, ITKIN AND VAN HORNE, JUNE 22, 1998

        REFERRED TO COMMITTEE ON EDUCATION, JUNE 22, 1998

                                     AN ACT

     1  Amending Title 24 (Education) of the Pennsylvania Consolidated
     2     Statutes, providing for certain employment by annuitants.

     3     The General Assembly of the Commonwealth of Pennsylvania
     4  hereby enacts as follows:
     5     Section 1.  Section 8346(a) of Title 24 of the Pennsylvania
     6  Consolidated Statutes is amended and the section is amended by
     7  adding a subsection to read:
     8  § 8346.  Termination of annuities.
     9     (a)  General rule.--If an annuitant returns to school service
    10  or enters State service and elects multiple service membership,
    11  any annuity payable to him under this part shall cease and in
    12  the case of an annuity other than a disability annuity the
    13  present value of such annuity, adjusted for full coverage in the
    14  case of a joint coverage member who makes the appropriate back
    15  contributions for full coverage, shall be frozen as of the date


     1  such annuity ceases. An annuitant who is credited with an
     2  additional 10% of membership service as provided in section
     3  8302(b.2) (relating to credited school service) and who returns
     4  to school service, except as provided in subsection (b) or (e),
     5  shall forfeit such credited service and shall have his frozen
     6  present value adjusted as if his 10% retirement incentive had
     7  not been applied to his account. In the event that the cost-of-
     8  living increase enacted December 18, 1979, occurred during the
     9  period of such State or school employment, the frozen present
    10  value shall be increased, on or after the member attains
    11  superannuation age, by the percent applicable had he not
    12  returned to service.
    13     * * *
    14     (e)  Exception.--An annuitant may be employed by a school
    15  district, intermediate unit or area vocational school as a
    16  coach, director or sponsor of a school activity under a separate
    17  contract, without being subject to the cessation of annuity
    18  provisions and the forfeiture provisions in subsection (a),
    19  provided the contract specifies that no credited service will be
    20  earned toward the account of the annuitant. No contributions by
    21  the annuitant, the employer or the Commonwealth shall be made to
    22  the annuitant's savings account for work provided under any such
    23  contract.
    24     Section 2.  This act shall take effect immediately.




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