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                                                       PRINTER'S NO. 407

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 390 Session of 2001


        INTRODUCED BY CLARK, M. BAKER, BARD, BEBKO-JONES, BELARDI,
           BELFANTI, BROWNE, CALTAGIRONE, L. I. COHEN, DeWEESE,
           FAIRCHILD, FEESE, FICHTER, FREEMAN, GEORGE, GRUCELA, HARHAI,
           HENNESSEY, HORSEY, HUTCHINSON, JOSEPHS, LAUGHLIN, LAWLESS,
           LUCYK, LYNCH, McCALL, S. MILLER, PETRARCA, SANTONI, SCHRODER,
           SCHULER, SCRIMENTI, SHANER, B. SMITH, STABACK, STERN,
           T. STEVENSON, E. Z. TAYLOR, TIGUE, TRELLO, TULLI, WALKO,
           WASHINGTON, C. WILLIAMS, WILT, WOJNAROSKI, YOUNGBLOOD AND
           YUDICHAK, JANUARY 31, 2001

        REFERRED TO COMMITTEE ON EDUCATION, JANUARY 31, 2001

                                     AN ACT

     1  Amending Title 24 (Education) of the Pennsylvania Consolidated
     2     Statutes, further providing for limitations on nonschool
     3     service.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Section 8304(b) of Title 24 of the Pennsylvania
     7  Consolidated Statutes is amended to read:
     8  § 8304.  Creditable nonschool service.
     9     * * *
    10     (b)  Limitations on nonschool service.--Creditable nonschool
    11  service credit shall be limited to:
    12         (1)  Intervening military service.
    13         (2)  Military service other than intervening military
    14     service and activated military service not exceeding five
    15     years provided that a member with multiple service may not

     1     purchase more than a total of five years of military service
     2     in both the system and the State Employees' Retirement
     3     System.
     4         (3)  Service in any public school or public educational
     5     institution in any state other than this Commonwealth or in
     6     any territory or area under the jurisdiction of the United
     7     States. This paragraph includes service, prior to July 1,
     8     1965, at a community college established under the act of
     9     August 24, 1963 (P.L.1132, No.484), known as the Community
    10     College Act of 1963.
    11         (4)  Service as an administrator, teacher, or instructor
    12     in the field of public school education for any agency or
    13     department of the government of the United States whether or
    14     not such area was under the jurisdiction of the United
    15     States.
    16         (5)  Previous service as an employee of a county board of
    17     school directors which employment was terminated because of
    18     the transfer of the administration of such service or of the
    19     entire agency to a governmental entity.
    20         (6)  Previous service as a county employee as a nurse.
    21     For every three years or major fraction thereof in previous
    22     work experience, an individual may buy one year of creditable
    23     service, not to exceed a total of five years. The purchase of
    24     this service shall begin within three years of the employee's
    25     eligibility to purchase this creditable service.
    26         (7)  (i)  Service for the period of time spent on a
    27         maternity leave of absence required by the employer,
    28         which creditable service shall not exceed two years per
    29         leave and shall be applicable only to a maternity leave
    30         which was mandatory prior to May 17, 1975. The purchase
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     1         of this service shall begin within one year of the
     2         employee's eligibility to purchase the creditable service
     3         under this subparagraph as originally enacted by the act
     4         of August 5, 1991 (P.L.183, No.23), entitled "An act
     5         amending Titles 24 (Education) and 71 (State Government)
     6         of the Pennsylvania Consolidated Statutes, further
     7         providing for the Public School Employees' Retirement
     8         System and the State Employees' Retirement System; adding
     9         and amending certain definitions; further providing for
    10         membership in the systems, for creditable nonschool and
    11         nonstate service and the purchase of credit, for
    12         incentives for special early retirement, for
    13         contributions to the retirement funds, for annuities and
    14         the rights and duties of annuitants, for health insurance
    15         premium assistance, for board membership and for the re-
    16         amortization and management of the retirement funds."
    17             (ii)  Service for the period of time spent on a
    18         maternity leave of absence required by the employer,
    19         which creditable service shall not exceed two years per
    20         leave and shall be applicable only to a maternity leave
    21         that was mandatory and began after May 16, 1975, and
    22         prior to November 1, 1978. The purchase of this service
    23         shall begin within one year of the employee's eligibility
    24         to purchase the creditable service under this
    25         subparagraph.
    26             (iii)  Service for the period of time spent on a
    27         maternity leave of absence required by the employer,
    28         which creditable service shall not exceed two years per
    29         leave and shall be applicable only to a maternity leave
    30         that was mandatory and began after October 31, 1978, and
    20010H0390B0407                  - 3 -

     1         prior to July 1, 1979. The purchase of this service shall
     2         begin within one year of the employee's eligibility to
     3         purchase the creditable service under this subparagraph.
     4         (8)  Service in the Cadet Nurse Corps with respect to any
     5     period of training as a student or graduate nurse under a
     6     plan approved under section 2 of the act of June 15, 1943
     7     (Public Law 78-73, 57 Stat. 153), if the total period of
     8     training under the plan was at least two years, the credit
     9     for such service not to exceed three years.
    10     * * *
    11     Section 2.  This act shall take effect in 60 days.













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