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PRINTER'S NO. 1556
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1442
Session of
2021
INTRODUCED BY DeLUCA AND McNEILL, MAY 17, 2021
REFERRED TO COMMITTEE ON STATE GOVERNMENT, MAY 17, 2021
AN ACT
Providing for benefits in cases of an individual who is eligible
for two or more pensions.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Multiple
Pension Systems Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Beneficiary." A person last designated in writing to a
pension system by a public official or public employee to
receive benefits through the pension system upon the death of
the public official or public employee.
"Pension system." As follows:
(1) A pension system funded in whole or in part by the
Commonwealth or a political subdivision of the Commonwealth.
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(2) The term includes any of the following retirement
plans:
(i) The State Employees' Retirement System
established under 71 Pa.C.S. Pt. XXV (relating to
retirement for State employees and officers).
(ii) The Public School Employees' Retirement System
established under 24 Pa.C.S. Pt. IV (relating to
retirement for school employees).
(iii) The Pennsylvania Municipal Retirement System
established under the act of February 1, 1974 (P.L.34,
No.15), known as the Pennsylvania Municipal Retirement
Law.
(iv) A pension or retirement plan established under
11 Pa.C.S. Ch. 143 (relating to pensions).
(v) A pension or retirement plan established in
accordance with the act of May 29, 1956 (1955 P.L.1804,
No.600), referred to as the Municipal Police Pension Law.
(vi) Any other independent pension or retirement
plan for public officials and public employees of the
Commonwealth.
"Political subdivision." As follows:
(1) A county, city, borough, incorporated town,
township, school district, vocational school district,
intermediate unit, county institution district, municipal
authority or home rule, optional plan or optional charter
municipality.
(2) An agency, authority, board, body, bureau,
commission, committee, council, department, division, office,
service or other instrumentality of an entity specified in
paragraph (1) that is designated to act on behalf of the
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entity.
"Public official or public employee." As follows:
(1) An individual who is elected or appointed to a
public office or employment in the executive, legislative or
judicial branch of the Commonwealth or a political
subdivision.
(2) The term includes an individual who is acting or who
has acted on behalf of the Commonwealth or a political
subdivision and who is otherwise entitled to or is receiving
retirement benefits, regardless of whether the individual is:
(i) acting on a permanent or temporary basis; or
(ii) compensated on a full-time or part-time basis.
(3) The term also includes an individual who is a member
of a pension system. For the purposes of this act, the
individual is deemed to be engaged in public employment.
(4) The term does not include:
(i) An independent contractor or an employee or
agent of an independent contractor under contract to the
Commonwealth or a political subdivision.
(ii) An individual performing tasks over which the
Commonwealth or a political subdivision has no legal
right of control.
Section 3. One pension allowable.
(a) Entitlement.--Notwithstanding any other provision of
law, a public official or public employee eligible to receive
benefits under more than one pension system shall only be
entitled to receive benefits under one of the pension systems.
(b) Election.--A public official or public employee subject
to subsection (a) may elect to receive benefits under one of the
pension systems. If the public official or public employee makes
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no such election, the public official or public employee shall
receive benefits through the pension system that provides the
highest amount of benefits.
(c) Beneficiary.--Notwithstanding section 4, this section
shall not apply to a beneficiary who is eligible to receive
benefits under more than one pension system solely because of
the status of the beneficiary.
Section 4. Applicability.
This act shall apply to a public official or public employee
who becomes eligible to receive benefits under more than one
pension system on or after the effective date of this act.
Section 5. Effective date.
This act shall take effect in 60 days.
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