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                                                      PRINTER'S NO. 3345

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

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.





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