1Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
2act relating to the public school system, including certain
3provisions applicable as well to private and parochial
4schools; amending, revising, consolidating and changing the
5laws relating thereto," further providing for rights
6preserved during leave of absence.

7The General Assembly of the Commonwealth of Pennsylvania
8hereby enacts as follows:

9Section 1. Section 1178 of the act of March 10, 1949
10(P.L.30, No.14), known as the Public School Code of 1949, is
11amended by adding a subsection to read:

12Section 1178. Rights Preserved During Leave of Absence.--* *
13*

14(e) Notwithstanding this section, for military service for
15leaves granted on or after July 1, 2013, an employe who is an
16active or inactive member of the Public School Employees'
17Retirement System at the time he is granted a military leave
18shall be entitled to receive credit in the Public School
19Employees' Retirement System for the leave as provided in 24

1Pa.C.S. Pt. IV (relating to retirement for school employees).

2Section 2. The addition of section 1178(e) of the act shall
3apply to leaves of absence or military leaves of absence that
4are granted on or after the effective date of this section.

5Section 3. The addition of section 1178(e) shall not:

6(1) Create in any member of the Public School Employees'
7Retirement System or in any other person claiming an interest
8in the account of any member a contractual right, either
9expressed or implied, in relation to requirements for
10qualification of the Public School Employees' Retirement
11System as a qualified pension plan under the Internal Revenue
12Code of 1986 (Public Law 99-514, 26 U.S.C. § 1 et seq.).

13(2) Establish compliance with or affect any construction
14of:

15(i) 38 U.S.C. Ch. 43, known as the Uniformed
16Services Employment and Reemployment Rights Act.

17(ii) 24 Pa.C.S. Pt. IV or any rules or regulations
18adopted under 24 Pa.C.S. Pt. IV.

19Section 4. This act shall take effect July 1, 2013, or
20immediately, whichever is later.