PRINTER'S NO. 714

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 648 Session of 1995


        INTRODUCED BY TANGRETTI, THOMAS, PESCI, HALUSKA, MIHALICH,
           NAILOR, MARKOSEK, LAUGHLIN, READSHAW, TRELLO, MAITLAND,
           STEELMAN, TRICH, PETRONE AND YOUNGBLOOD, FEBRUARY 7, 1995

        REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 7, 1995

                                     AN ACT

     1  Amending Title 71 (State Government) of the Pennsylvania
     2     Consolidated Statutes, defining "county employee"; and
     3     further providing for creditable nonstate service in the
     4     State Employees' Retirement Fund.

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7     Section 1.  Section 5102 of Title 71 of the Pennsylvania
     8  Consolidated Statutes is amended by adding a definition to read:
     9  § 5102.  Definitions.
    10     The following words and phrases as used in this part, unless
    11  a different meaning is plainly required by the context, shall
    12  have the following meanings:
    13     * * *
    14     "County employee."  Any person holding a county office or
    15  position under any county in this Commonwealth, except as an
    16  independent contractor or any person compensated on a fee basis.
    17     * * *
    18     Section 2.  Section 5304(c) of Title 71 is amended to read:


     1  § 5304.  Creditable nonstate service.
     2     * * *
     3     (c)  Limitations on nonstate service.--Creditable nonstate
     4  service credit shall be limited to:
     5         (1)  intervening military service;
     6         (2)  military service other than intervening military
     7     service and military service purchasable under section
     8     5302(d) (relating to credited State service) not exceeding
     9     five years, provided that a member with multiple service may
    10     not purchase more than a total of five years of military
    11     service in both the system and the Public School Employees'
    12     Retirement System;
    13         (3)  in the case of an academic administrator, teacher or
    14     instructor employed in the Department of Education, the State
    15     System of Higher Education, any State-owned educational
    16     institution or The Pennsylvania State University, provided
    17     that the total amount of service creditable under this
    18     paragraph shall not exceed the lesser of ten years or the
    19     number of years of active membership in the system as an
    20     academic administrator, teacher or instructor in the
    21     Department of Education, State System of Higher Education,
    22     any State-owned educational institution or The Pennsylvania
    23     State University:
    24             (i)  nonstudent service as an academic administrator,
    25         teacher or instructor in any public school or public
    26         educational institution in any state other than this
    27         Commonwealth; or
    28             (ii)  nonstudent service as an academic
    29         administrator, teacher or instructor in the field of
    30         education for any agency or department of the Federal
    19950H0648B0714                  - 2 -

     1         Government, whether or not such area was under the
     2         jurisdiction of the United States;
     3         (4)  previous service with a governmental agency other
     4     than the Commonwealth which employment with said agency was
     5     terminated because of the transfer by statute of the
     6     administration of such service or of the entire agency to the
     7     Commonwealth;
     8         (5)  service as a temporary Federal employee assigned to
     9     an air quality control complement for the Pennsylvania
    10     Department of Environmental Resources at any time during the
    11     period of 1970 through 1975. This service time may be
    12     purchased only if the member makes an election to purchase
    13     within one year of the effective date of this paragraph, and
    14     the member shall pay an amount which is equal to the full
    15     actuarial cost of the increased benefit obtained by virtue of
    16     the purchase as provided in section 5505(f);
    17         (6)  service in the Cadet Nurse Corps with respect to any
    18     period of training as a student or graduate nurse under a
    19     plan approved under section 2 of the act of June 15, 1943
    20     (Public Law 78-73, 57 Stat. 153), if the total period of
    21     training under such plan was at least two years, the credit
    22     for such service not to exceed three years;
    23         (7)  service prior to July 1, 1971, at a community
    24     college established under the act of August 24, 1963
    25     (P.L.1132, No.484), known as the Community College Act of
    26     1963; [or]
    27         (8)  service as a justice of the peace prior to January
    28     1970[.]; or
    29         (9)  previous service as a county employee, the credit
    30     for such service not to exceed ten years.
    19950H0648B0714                  - 3 -

     1     * * *
     2     Section 3.  This act shall take effect in 60 days.



















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