PRINTER'S NO. 3345
No. 2339 Session of 2006
INTRODUCED BY HERMAN, CLYMER, BEBKO-JONES, GINGRICH, HUTCHINSON, KILLION, REED, SATHER, FABRIZIO, SHAPIRO, YOUNGBLOOD, BENNINGHOFF, ADOLPH, BAKER, BALDWIN, BASTIAN, BELARDI, BELFANTI, BUNT, BUXTON, CALTAGIRONE, CAPPELLI, CASORIO, CAUSER, CORRIGAN, CRAHALLA, CREIGHTON, DALLY, DeLUCA, DeWEESE, DIVEN, J. EVANS, FAIRCHILD, FICHTER, GEIST, GEORGE, GOOD, GRUCELA, HALUSKA, HANNA, HARHAI, HARHART, HARRIS, HASAY, HERSHEY, HESS, JAMES, KAUFFMAN, M. KELLER, KOTIK, LEVDANSKY, MAITLAND, MAJOR, MANDERINO, MARKOSEK, MARSICO, McILHATTAN, McNAUGHTON, MICOZZIE, MUNDY, MUSTIO, O'NEILL, PAYNE, PETRARCA, PHILLIPS, PICKETT, PISTELLA, RAYMOND, READSHAW, REICHLEY, ROSS, RUBLEY, RUFFING, SANTONI, SCAVELLO, SCHRODER, SEMMEL, SIPTROTH, B. SMITH, SOLOBAY, STABACK, STERN, R. STEVENSON, T. STEVENSON, E. Z. TAYLOR, J. TAYLOR, THOMAS, TIGUE, TRUE, WALKO, WANSACZ, WATERS, WILT, WOJNAROSKI, YUDICHAK, FRANKEL, LEH, HARPER AND SURRA, JANUARY 3, 2006
REFERRED TO COMMITTEE ON STATE GOVERNMENT, JANUARY 3, 2006
AN ACT 1 Amending Titles 24 (Education) and 71 (State Government) of the 2 Pennsylvania Consolidated Statutes, providing for 3 supplemental annuities commencing 2006 and 2007; further 4 providing for annuity reserve account and for supplemental 5 annuity account. 6 The General Assembly of the Commonwealth of Pennsylvania 7 hereby enacts as follows: 8 Section 1. Title 24 of the Pennsylvania Consolidated 9 Statutes is amended by adding sections to read: 10 § 8348.8. Supplemental annuities commencing 2006. 11 (a) Benefits.--Commencing with the first monthly annuity 12 payment after July 1, 2006, any eligible benefit recipient shall
1 be entitled to receive an additional monthly supplemental 2 annuity from the system. This shall be in addition to the 3 supplemental annuities provided for in sections 8348 (relating 4 to supplemental annuities), 8348.1 (relating to additional 5 supplemental annuities), 8348.2 (relating to further additional 6 supplemental annuities), 8348.3 (relating to supplemental 7 annuities commencing 1994), 8348.4 (relating to special 8 supplemental postretirement adjustment), 8348.5 (relating to 9 supplemental annuities commencing 1998), 8348.6 (relating to 10 supplemental annuities commencing 2002) and 8348.7 (relating to 11 supplemental annuities commencing 2003). 12 (b) Amount of supplemental annuity.--The amount of the 13 supplemental annuity payable pursuant to this section shall be a 14 percentage of the amount of the monthly annuity payment on July 15 1, 2006, determined on the basis of the most recent effective 16 date of retirement, as follows: 17 Most recent effective date Percentage factor 18 of retirement 19 July 2, 1990, through July 1, 1992 8.0% 20 July 2, 1988, through July 1, 1990 10.0% 21 July 2, 1985, through July 1, 1988 15.0% 22 Prior to July 2, 1985 25.0% 23 (c) Payment.--The supplemental annuity provided under this 24 section shall be paid automatically unless the annuitant files a 25 written notice with the board requesting that the additional 26 monthly supplemental annuity not be paid. 27 (d) Conditions.--The supplemental annuity provided under 28 this section shall be payable under the same terms and 29 conditions as provided under the option plan in effect as of 30 July 1, 2006. 20060H2339B3345 - 2 -
1 (e) Benefits to beneficiaries or survivors.--No supplemental 2 annuity provided under this section shall be payable to the 3 beneficiary or survivor annuitant of a member who dies before 4 July 1, 2006. 5 (f) Funding.--The additional liability for the increase in 6 benefits provided in this section shall be funded in equal 7 dollar annual installments over a period of ten years beginning 8 July 1, 2006. 9 (g) Eligible benefit recipient.--As used in this section, 10 the term "eligible benefit recipient" means a person who is 11 receiving a superannuation, withdrawal or disability annuity on 12 July 1, 2006, and whose most recent effective date of retirement 13 is prior to July 2, 1992, but the supplemental annuities 14 provided under this section shall not be payable to an annuitant 15 receiving a withdrawal annuity prior to the first day of July 16 coincident with or following the annuitant's attainment of 17 superannuation age. 18 § 8348.9. Supplemental annuities commencing 2007. 19 (a) Benefits.--Commencing with the first monthly annuity 20 payment after July 1, 2007, any eligible benefit recipient shall 21 be entitled to receive an additional monthly supplemental 22 annuity from the system. This shall be in addition to the 23 supplemental annuities provided for in sections 8348 (relating 24 to supplemental annuities), 8348.1 (relating to additional 25 supplemental annuities), 8348.2 (relating to further additional 26 supplemental annuities), 8348.3 (relating to supplemental 27 annuities commencing 1994), 8348.4 (relating to special 28 supplemental postretirement adjustment), 8348.5 (relating to 29 supplemental annuities commencing 1998), 8348.6 (relating to 30 supplemental annuities commencing 2002) and 8348.7 (relating to 20060H2339B3345 - 3 -
1 supplemental annuities commencing 2003). 2 (b) Amount of supplemental annuity.--The amount of the 3 supplemental annuity payable pursuant to this section shall be a 4 percentage of the amount of the monthly annuity payment on July 5 1, 2007, determined on the basis of the most recent effective 6 date of retirement, as follows: 7 Most recent effective date Percentage factor 8 of retirement 9 July 2, 2005, through July 1, 2006 2.27% 10 July 2, 2004, through July 1, 2005 3.08% 11 July 2, 2003, through July 1, 2004 4.87% 12 July 2, 2001, through July 1, 2003 6.35% 13 July 2, 1998, through July 1, 2001 7.50% 14 July 2, 1992, through July 1, 1998 9.00% 15 Prior to July 2, 1992 0.00% 16 (c) Payment.--The supplemental annuity provided under this 17 section shall be paid automatically unless the annuitant files a 18 written notice with the board requesting that the additional 19 monthly supplemental annuity not be paid. 20 (d) Conditions.--The supplemental annuity provided under 21 this section shall be payable under the same terms and 22 conditions as provided under the option plan in effect as of 23 July 1, 2007. 24 (e) Benefits to beneficiaries or survivors.--No supplemental 25 annuity provided under this section shall be payable to the 26 beneficiary or survivor annuitant of a member who dies before 27 July 1, 2007. 28 (f) Funding.--The additional liability for the increase in 29 benefits provided in this section shall be funded in equal 30 dollar annual installments over a period of ten years beginning 20060H2339B3345 - 4 -
1 July 1, 2007. 2 (g) Eligible benefit recipient.--As used in this section, 3 the term "eligible benefit recipient" means a person: 4 (1) who is receiving a superannuation, withdrawal or 5 disability annuity on July 1, 2007; and 6 (2) whose most recent effective date of retirement is 7 prior to July 2, 2006. 8 Notwithstanding the above, the supplemental annuities provided 9 under this section shall not be payable to an annuitant 10 receiving a withdrawal annuity prior to the first day of July 11 coincident with or following the annuitant's attainment of 12 superannuation age. 13 Section 2. Section 8525(a) of Title 24 is amended to read: 14 § 8525. Annuity reserve account. 15 (a) Credits and charges to account.--The annuity reserve 16 account shall be the ledger account to which shall be credited 17 the reserves held for the payment of annuities and death 18 benefits on account of all annuitants and the contributions from 19 the Commonwealth and other employers as determined in accordance 20 with section 8328 (relating to actuarial cost method) for the 21 payment of the supplemental annuities provided in sections 8348 22 (relating to supplemental annuities), 8348.1 (relating to 23 additional supplemental annuities), 8348.2 (relating to further 24 additional supplemental annuities), 8348.3 (relating to 25 supplemental annuities commencing 1994), 8348.4 (relating to 26 special supplemental postretirement adjustment), 8348.5 27 (relating to supplemental annuities commencing 1998), 8348.6 28 (relating to supplemental annuities commencing 2002) [and], 29 8348.7 (relating to supplemental annuities commencing 2003), 30 8348.8 (relating to supplemental annuities commencing 2006) and 20060H2339B3345 - 5 -
1 8348.9 (relating to supplemental annuities commencing 2007). The 2 annuity reserve account shall be credited with valuation 3 interest. After the transfers provided in sections 8523 4 (relating to members' savings account) and 8524 (relating to 5 State accumulation account), all annuity and death benefit 6 payments shall be charged to the annuity reserve account and 7 paid from the fund. 8 * * * 9 Section 3. Title 71 is amended by adding sections to read: 10 § 5708.9. Supplemental annuities commencing 2006. 11 (a) Benefits.--Commencing with the first monthly annuity 12 payment after July 1, 2006, any eligible benefit recipient shall 13 be entitled to receive an additional monthly supplemental 14 annuity from the system. This shall be in addition to the 15 supplemental annuities provided for in sections 5708 (relating 16 to supplemental annuities), 5708.1 (relating to additional 17 supplemental annuities), 5708.2 (relating to further additional 18 supplemental annuities), 5708.3 (relating to supplemental 19 annuities commencing 1994), 5708.5 (relating to supplemental 20 annuities commencing 1998), the special supplemental 21 postretirement adjustment provided for in section 5708.4 22 (relating to special supplemental postretirement adjustment), 23 5708.6 (relating to supplemental annuities commencing 2002) and 24 5708.7 (relating to supplemental annuities commencing 2003). 25 (b) Amount of supplemental annuity.--The amount of the 26 supplemental annuity payable pursuant to this section shall be a 27 percentage of the amount of the monthly annuity payment on July 28 1, 2006, determined on the basis of the most recent effective 29 date of retirement, as follows: 30 Most recent effective date Percentage factor 20060H2339B3345 - 6 -
1 of retirement 2 July 2, 1990, through July 1, 1992 8.0% 3 July 2, 1988, through July 1, 1990 10.0% 4 July 2, 1985, through July 1, 1988 15.0% 5 Prior to July 2, 1985 25.0% 6 (c) Payment.--The supplemental annuity provided under this 7 section shall be paid automatically unless the annuitant files a 8 written notice with the board requesting that the additional 9 monthly supplemental annuity not be paid. 10 (d) Conditions.--The supplemental annuity provided under 11 this section shall be payable under the same terms and 12 conditions as provided under the option plan in effect as of 13 July 1, 2006. 14 (e) Benefits to beneficiaries or survivors.--No supplemental 15 annuity provided under this section shall be payable to the 16 beneficiary or survivor annuitant of a member who dies before 17 July 1, 2006. 18 (f) Funding.--The additional liability for the increase in 19 benefits provided in this section shall be funded in equal 20 dollar annual installments over a period of ten years beginning 21 July 1, 2006. 22 (g) Eligible benefit recipient.--As used in this section, 23 the term "eligible benefit recipient" means a person who is 24 receiving a superannuation, withdrawal or disability annuity on 25 July 1, 2006, and whose most recent effective date of retirement 26 is prior to July 2, 1992, but the supplemental annuities 27 provided under this section shall not be payable to an annuitant 28 receiving a superannuation or withdrawal annuity prior to the 29 first day of July coincident with or following the annuitant's 30 attainment of superannuation age. 20060H2339B3345 - 7 -
1 § 5708.10. Supplemental annuities commencing 2007. 2 (a) Benefits.--Commencing with the first monthly annuity 3 payment after July 1, 2007, any eligible benefit recipient shall 4 be entitled to receive an additional monthly supplemental 5 annuity from the system. This shall be in addition to the 6 supplemental annuities provided for in sections 5708 (relating 7 to supplemental annuities), 5708.1 (relating to additional 8 supplemental annuities), 5708.2 (relating to further additional 9 supplemental annuities), 5708.3 (relating to supplemental 10 annuities commencing 1994) and section 5708.5 (relating to 11 supplemental annuities commencing 1998) and the special 12 supplemental postretirement adjustments provided for in sections 13 5708.4 (relating to special supplemental postretirement 14 adjustment), 5708.6 (relating to supplemental annuities 15 commencing 2002) and 5708.7 (relating to supplemental annuities 16 commencing 2003), 5708.8 (relating to special supplemental 17 postretirement adjustment of 2002). 18 (b) Amount of supplemental annuity.--The amount of the 19 supplemental annuity payable pursuant to this section shall be a 20 percentage of the amount of the monthly annuity payment on July 21 1, 2007, determined on the basis of the most recent effective 22 date of retirement, as follows: 23 Most recent effective date Percentage factor 24 of retirement 25 July 2, 2005, through July 1, 2006 2.27% 26 July 2, 2004, through July 1, 2005 3.08% 27 July 2, 2003, through July 1, 2004 4.87% 28 July 2, 2001, through July 1, 2003 6.35% 29 July 2, 1998, through July 1, 2001 7.50% 30 July 2, 1992, through July 1, 1998 9.00% 20060H2339B3345 - 8 -
1 Prior to July 2, 1992 0.00% 2 (c) Payment.--The supplemental annuity provided under this 3 section shall be paid automatically unless the annuitant files a 4 written notice with the board requesting that the additional 5 monthly supplemental annuity not be paid. 6 (d) Conditions.--The supplemental annuity provided under 7 this section shall be payable under the same terms and 8 conditions as provided under the option plan in effect as of 9 July 1, 2007. 10 (e) Benefits to beneficiaries or survivors.--No supplemental 11 annuity provided under this section shall be payable to the 12 beneficiary or survivor annuitant of a member who dies before 13 July 1, 2007. 14 (f) Funding.--The additional liability for the increase in 15 benefits provided in this section shall be funded in equal 16 dollar annual installments over a period of ten years beginning 17 July 1, 2007. 18 (g) Eligible benefit recipient.--As used in this section, 19 the term "eligible benefit recipient" means a person: 20 (1) who is receiving a superannuation, withdrawal or 21 disability annuity on July 1, 2007; and 22 (2) whose most recent effective date of retirement is 23 prior to January 1, 2006. 24 Notwithstanding the above, the supplemental annuities provided 25 under this section shall not be payable to an annuitant 26 receiving a superannuation or withdrawal annuity prior to the 27 first day of July coincident with or following the annuitant's 28 attainment of superannuation age. 29 Section 4. Section 5938 of Title 71 is amended to read: 30 § 5938. Supplemental annuity account. 20060H2339B3345 - 9 -
1 The supplemental annuity account shall be the ledger account 2 to which shall be credited all contributions from the 3 Commonwealth in accordance with section 5507(b) (relating to 4 contributions by the Commonwealth and other employers) for the 5 payment of the supplemental annuities provided in sections 5708 6 (relating to supplemental annuities), 5708.1 (relating to 7 additional supplemental annuities), 5708.2 (relating to further 8 additional supplemental annuities), 5708.3 (relating to 9 supplemental annuities commencing 1994), 5708.4 (relating to 10 special supplemental postretirement adjustment), 5708.5 11 (relating to supplemental annuities commencing 1998), 5708.6 12 (relating to supplemental annuities commencing 2002), 5708.7 13 (relating to supplemental annuities commencing 2003) [and], 14 5708.8 (relating to special supplemental postretirement 15 adjustment of 2002), 5708.9 (relating to supplemental annuities 16 commencing 2006) and 5708.10 (relating to supplemental annuities 17 commencing 2007). The supplemental annuity account shall be 18 credited with valuation interest. The reserves necessary for the 19 payment of such supplemental annuities shall be transferred from 20 the supplemental annuity account to the annuity reserve account 21 as provided in section 5935 (relating to annuity reserve 22 account). 23 Section 5. This act shall take effect immediately. L6L24DMS/20060H2339B3345 - 10 -