PRINTER'S NO. 1995
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1687
Session of
2023
INTRODUCED BY FINK, BERNSTINE, D'ORSIE, HAMM, KAUFFMAN, KEPHART,
MENTZER, ROWE, STEHR AND ZIMMERMAN, SEPTEMBER 19, 2023
REFERRED TO COMMITTEE ON STATE GOVERNMENT, SEPTEMBER 19, 2023
AN ACT
Amending Title 71 (State Government) of the Pennsylvania
Consolidated Statutes, in membership, credited service,
classes of service, and eligibility for benefits, further
providing for mandatory and optional membership in the system
and participation in the plan.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5301(b), (b.1), (c) and (d)(2) of Title
71 of the Pennsylvania Consolidated Statutes are amended to
read:
§ 5301. Mandatory and optional membership in the system and
participation in the plan.
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(b) Optional membership in the system.--[The]
(1) Except as provided under paragraph (2), the State
employees listed in subsection (a)(1) through (11) shall have
the right to elect membership in the system; once such
election is exercised, membership shall continue until the
termination of State service. State employees listed in
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subsection (a)(17) who are listed in subsection (a)(1)
through (11) shall have the right to elect membership in
Class A-5 or Class A-6 provided they have not previously
elected to be solely participants in the plan.
(2) A State employee who first becomes a Representative
of the House of Representatives on or after December 1, 2024,
and is not or has not previously been a member of the system
may not elect membership in the system, but may elect
participation in the plan if not a mandatory participant.
(b.1) Optional participation in the plan.--
(1) The State employees who are optional members of the
system as members of Class A-5 or Class A-6 also are optional
participants in the plan. The State employees who elect
membership in the system as members of Class A-5 or Class A-
6, including the employees who elect to become members of
Class A-5 or Class A-6 under section 5306.5 (relating to
election by active members to become a Class A-5 member,
Class A-6 member or plan participant) also automatically
elect participation in the plan as of the date they elect
membership in the system, except for service as a Class A-5
exempt employee. A State employee can elect participation in
the plan without also electing membership in the system under
section 5306.4.
(2) A State employee who first becomes a Representative
of the House of Representatives on or after December 1, 2024,
and is not or has not previously been a member of the system
or a participant in the plan may elect to be solely a
participant in the plan within 30 days of taking office as a
Representative of the House of Representatives. The following
shall apply:
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(i) An election by a Representative of the House of
Representatives to become solely a participant in the
plan under this paragraph shall be irrevocable and shall
become effective on the date the State employee takes
office as a Representative of the House of
Representatives and shall remain in effect for all future
State service, other than service performed as a Class A-
5 exempt employee. Payment of mandatory participant
pickup contributions for service as a Representative of
the House of Representatives solely as a participant in
the plan performed prior to the election shall be made in
a form, manner and time determined by the board.
(ii) Upon termination and subsequent reemployment, a
Representative of the House of Representatives who
elected to be solely a participant in the plan under this
paragraph shall resume active participation for State
service performed after reemployment, except as a Class
A-5 exempt employee, regardless of termination of
employment, termination of participation by a partial or
total distribution of vested total defined contributions
or status as an annuitant, vestee or inactive member of
the system as a Class A-5 exempt employee after the
termination of service.
(iii) Failure of a Representative of the House of
Representatives who is eligible to elect to become solely
a participant in the plan under this paragraph to make
the election within 30 days of taking office as a
Representative of the House of Representatives shall
result in all of the Representatives of the House of
Representative ' s service as a Representative of the House
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of Representatives not being eligible for future election
or crediting as service in the system or as a participant
in the plan.
(c) Prohibited membership in the system.--The State
employees listed in [subsection] subsections (a)(12), (13), (14)
and (15) and (b)(2) shall not have the right to elect membership
in the system.
* * *
(d) Return to service.--
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(2) An annuitant or a participant receiving
distributions who returns to service as a State employee on
or after January 1, 2019, shall resume active membership in
the system and, if an active member of Class A-5 or Class A-
6, shall be an active participant in the plan as of the
effective date of employment, except as otherwise provided in
section 5706(a), regardless of the optional membership or
participation category of the position: Provided, however,
That a participant or former participant who previously
elected to be solely a participant under subsection (b.1)(2)
or section 5306.4 or 5306.5 shall be a participant in the
plan and not an active member of the system, except for
service as a Class A-5 exempt employee.
* * *
Section 2. This act shall take effect immediately.
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