SENATE AMENDED PRIOR PRINTER'S NOS. 18, 2628, 3441 PRINTER'S NO. 4102
No. 16 Session of 1989
INTRODUCED BY LLOYD, HALUSKA, GIGLIOTTI, VEON, STABACK, KOSINSKI, E. Z. TAYLOR, THOMAS, CIVERA, NOYE, CAWLEY, STUBAN, DISTLER, ITKIN, GODSHALL, COLAIZZO AND CAPPABIANCA, JANUARY 18, 1989
AS AMENDED ON SECOND CONSIDERATION, IN SENATE, SEPTEMBER 26, 1990
AN ACT 1 Amending the act of August 31, 1971 (P.L.398, No.96), entitled 2 "An act providing for the creation, maintenance and operation 3 of a county employes' retirement system, and imposing certain 4 charges on counties and providing penalties," regulating 5 administrative expenses; further providing for interest on <-- 6 member contribution accounts; and FURTHER PROVIDING FOR THE <-- 7 DEFINITION OF "COUNTY EMPLOYE"; ADDING A DEFINITION; FURTHER 8 PROVIDING FOR SERVICE ALLOWANCE AND SIMULTANEOUS PAYMENTS OF 9 SALARY AND RETIREMENT ALLOWANCE; authorizing members to 10 reduce their contributions; FURTHER PROVIDING FOR CREDIT FOR <-- 11 MILITARY SERVICE; AND FURTHER PROVIDING FOR INVOLUNTARY 12 RETIREMENT ALLOWANCE. 13 The General Assembly of the Commonwealth of Pennsylvania 14 hereby enacts as follows: 15 SECTION 1. SECTION 2(2) OF THE ACT OF AUGUST 31, 1971 <-- 16 (P.L.398, NO.96), KNOWN AS THE COUNTY PENSION LAW, AMENDED 17 DECEMBER 20, 1983 (P.L.282, NO.75), IS AMENDED AND THE SECTION 18 IS AMENDED BY ADDING A CLAUSE TO READ: 19 SECTION 2. DEFINITIONS.--AS USED IN THIS ACT: 20 * * * 21 (2) "COUNTY EMPLOYE" MEANS ANY PERSON, WHETHER ELECTED OR
1 APPOINTED, WHO IS EMPLOYED BY THE COUNTY, THE COUNTY INSTITUTION 2 DISTRICT, IN THE COUNTY PRISON OR IN ANY OTHER INSTITUTION 3 MAINTAINED BY THE COUNTY FROM COUNTY MONEYS, OR WHO IS EMPLOYED 4 BY ANY COUNTY OR STATE OFFICIAL AND PAID BY SUCH OFFICIAL FROM 5 MONEYS APPROPRIATED BY THE COUNTY FOR SUCH PURPOSE, WHOSE SALARY 6 OR COMPENSATION IS PAID IN REGULAR PERIODIC INSTALLMENTS OR FROM 7 FEES COLLECTED BY HIS OFFICE, BUT SHALL NOT, EXCEPT AS HEREAFTER 8 PROVIDED, INCLUDE ANY PERSON [PAID ON A PER DIEM BASIS, NOR 9 SHALL IT INCLUDE ANY PERSON TO THE EXTENT THAT THE TOTAL OF THE 10 SALARY AND FEES EXCEED THE HIGHEST SALARY PAID TO ANY ELECTED 11 COUNTY OFFICIAL: PROVIDED, HOWEVER, THAT AFTER JANUARY 1, 1984, 12 THE RESTRICTION LIMITING THE PENSIONS OF EMPLOYES INDEXED TO THE 13 HIGHEST SALARY PAID TO ANY ELECTED COUNTY OFFICIAL SHALL BE 14 APPLICABLE ONLY TO ANY EMPLOYMENT OCCURRING AND SALARY EARNED 15 PRIOR TO JANUARY 1, 1984, AND SHALL NOT APPLY TO ANY EMPLOYMENT 16 WHICH OCCURRED AND SALARY EARNED AFTER JANUARY 1, 1984] EMPLOYED 17 AFTER THE EFFECTIVE DATE OF THIS ACT ON A PART-TIME BASIS. 18 (2.1) "PART-TIME" MEANS EMPLOYMENT WITH THE EXPECTATION OF 19 COMPLETING LESS THAN 1000 HOURS OF SERVICE DURING THE 12-MONTH 20 PERIOD BEGINNING ON THE FIRST DAY OF EMPLOYMENT AND EACH 21 SUCCEEDING 12-MONTH PERIOD THEREAFTER. 22 * * * 23 Section 1 2. Section 5 of the act of August 31, 1971 <-- 24 (P.L.398, No.96), known as the County Pension Law, is amended to 25 read: 26 Section 5. Personnel; Administrative Expenses.--The board 27 may appoint and fix the compensation of an actuary. The county 28 controller or the chief clerk of the county, as the case may be, 29 shall be the secretary of the board. In counties having an 30 optional form of government, the board shall appoint a 19890H0016B4102 - 2 -
1 secretary. The compensation of the secretary shall be fixed by 2 the salary board or council, as the case may be. The secretary 3 shall keep a record of all of the proceedings of the board, 4 which record shall be open to inspection by the public. 5 The expense of the administration of this act, exclusive of 6 the payment of retirement allowances, shall be paid by the 7 county by appropriations made on the basis of estimates 8 submitted by the board. However, such administrative expenses 9 may from year to year be paid from the fund unless it is 10 determined by the actuary that such payment will impair the 11 actuarial soundness of the fund. 12 Section 2. Section 6 of the act, amended June 22, 1978 <-- 13 (P.L.495, No.74), is amended to read: 14 Section 6. Rules and Regulations; Actuarial Data.--The board 15 shall, from time to time, establish such rules and regulations 16 for meetings of the board and for the administration of the 17 fund, and the various accounts thereof, as may be deemed 18 necessary. The board may, by January 31 of each year, determine 19 the rate of regular interest to be allowed member contribution 20 accounts for the current calendar year, such rate of regular 21 interest not to be less than four per cent [nor more than five 22 and one-half per cent] per year. It shall keep such data as 23 shall be necessary for actuarial valuation purposes. The actuary 24 of the board shall (i) periodically make an actuarial 25 investigation into the mortality and service experience of the 26 contributors to and beneficiaries of the fund, (ii) adopt for 27 the retirement system one or more mortality tables, and (iii) 28 certify to the board annually the amount of appropriation to be 29 made by the county to the fund to build up and maintain adequate 30 reserves for the payment of the county's share of the retirement 19890H0016B4102 - 3 -
1 allowances. 2 Section 3. Section 7(d) of the act, amended December 20, 3 1983 (P.L.282, No.75), is amended AND THE SECTION IS AMENDED BY <-- 4 ADDING SUBSECTIONS to read: 5 Section 7. County Employes' Retirement Fund; Transfers <-- 6 Between Classes.--* * * 7 (d) Each member may elect to contribute an additional amount 8 not exceeding ten per cent more than the percentage herein 9 required. Each member may also elect to reduce his contribution 10 to any of the percentages required herein for any class lower 11 than the class otherwise designated by the board as applicable 12 to the retirement system to which the member belongs. Any such 13 election to contribute at the percentage of a lower class shall 14 in no way affect the calculation of the county annuity portion 15 of the member's retirement allowance as provided in section 14, 16 which county annuity portion shall be calculated as though the 17 member had not made that election. The contributions shall be 18 paid into the fund through payroll deductions in such manner as 19 the board may require. All contributions including optional 20 additional payments by members shall be credited to the members' 21 annuity reserve account. The board may at any time, by rule, 22 authorize members of the retirement system, whether original or 23 new members, to transfer from the one-one hundred twentieth 24 class, or from the one-one hundredth class, to the one-eightieth 25 class, to the one-seventieth class, or to the one-sixtieth 26 class. Whenever such transfers are authorized, salary deductions 27 or pickup contributions applicable to the transferred members 28 shall be based upon the per cent of salary deduction applicable 29 while in each class. 30 SECTION 7. COUNTY EMPLOYES' RETIREMENT FUND; TRANSFERS <-- 19890H0016B4102 - 4 -
1 BETWEEN CLASSES.--* * * 2 (D) EACH MEMBER MAY ELECT TO CONTRIBUTE AN ADDITIONAL AMOUNT 3 NOT EXCEEDING TEN PER CENT MORE THAN THE PERCENTAGE HEREIN 4 REQUIRED. THE CONTRIBUTIONS SHALL BE PAID INTO THE FUND THROUGH 5 PAYROLL DEDUCTIONS IN SUCH MANNER AS THE BOARD MAY REQUIRE. 6 (E) THE BOARD MAY AT ANY TIME, BY RULE, AUTHORIZE MEMBERS OF 7 THE RETIREMENT SYSTEM, WHETHER ORIGINAL OR NEW MEMBERS, TO 8 INDIVIDUALLY ELECT TO REDUCE THE CONTRIBUTION TO ANY OF THE 9 PERCENTAGES REQUIRED HEREIN FOR ANY CLASS LOWER THAN THE CLASS 10 OTHERWISE DESIGNATED BY THE BOARD AS APPLICABLE TO THE 11 RETIREMENT SYSTEM TO WHICH THE MEMBER BELONGS. ANY SUCH ELECTION 12 SHALL IN NO WAY AFFECT THE CALCULATION OF THE COUNTY ANNUITY 13 PORTION OF THE MEMBER'S RETIREMENT ALLOWANCE AS PROVIDED IN 14 SECTION 14, WHICH COUNTY ANNUITY PORTION SHALL BE CALCULATED AS 15 THOUGH THE MEMBER HAD NOT MADE THAT ELECTION. 16 (F) ALL CONTRIBUTIONS INCLUDING OPTIONAL ADDITIONAL PAYMENTS 17 BY MEMBERS SHALL BE CREDITED TO THE MEMBERS' ANNUITY RESERVE 18 ACCOUNT. 19 (G) THE BOARD MAY AT ANY TIME, BY RULE, AUTHORIZE MEMBERS OF 20 THE RETIREMENT SYSTEM, WHETHER ORIGINAL OR NEW MEMBERS, TO 21 TRANSFER FROM THE ONE-ONE HUNDRED TWENTIETH CLASS, OR FROM THE 22 ONE-ONE HUNDREDTH CLASS, TO THE ONE-EIGHTIETH CLASS, TO THE ONE- 23 SEVENTIETH CLASS, OR TO THE ONE-SIXTIETH CLASS. WHENEVER SUCH 24 TRANSFERS ARE AUTHORIZED, SALARY DEDUCTIONS OR PICKUP 25 CONTRIBUTIONS APPLICABLE TO THE TRANSFERRED MEMBERS SHALL BE 26 BASED UPON THE PER CENT OF SALARY DEDUCTION APPLICABLE WHILE IN 27 EACH CLASS, NOTWITHSTANDING THE PROVISIONS OF SUBSECTION (E). 28 SECTION 4. SECTION 12 OF THE ACT, AMENDED DECEMBER 20, 1983 29 (P.L.282, NO.75), IS AMENDED TO READ: 30 SECTION 12. SERVICE ALLOWANCE.--IN COMPUTING THE LENGTH OF 19890H0016B4102 - 5 -
1 SERVICE OF A CONTRIBUTOR FOR RETIREMENT PURPOSES, FULL CREDIT 2 SHALL BE GIVEN TO EACH ORIGINAL MEMBER FOR EACH YEAR OF SERVICE 3 RENDERED TO THE COUNTY PRIOR TO JANUARY FIRST OF THE YEAR THE 4 RETIREMENT SYSTEM WAS ESTABLISHED. THIS SHALL INCLUDE THE 5 SERVICES OF A COUNTY OFFICIAL WHOSE COMPENSATION WAS IN THE FORM 6 OF FEES COLLECTED BY HIS OFFICE, AND SHALL ALSO INCLUDE THE 7 SERVICES OF EMPLOYES PAID DIRECTLY BY SUCH COUNTY OFFICIAL OUT 8 OF SUCH FEES. FULL CREDIT SHALL ALSO BE GIVEN FOR EACH YEAR OF 9 SERVICE OF A CONTRIBUTOR WHO WAS A PER DIEM EMPLOYE OF THE 10 COUNTY FOR A PERIOD OF AT LEAST FIVE YEARS PRIOR TO THE TIME THE 11 SYSTEM BECAME EFFECTIVE AND WHO AVERAGED AT LEAST TWO HUNDRED 12 DAYS OF EMPLOYMENT IN EACH OF SUCH YEARS. AS SOON AS 13 PRACTICABLE, THE BOARD SHALL ISSUE TO EACH ORIGINAL MEMBER A 14 CERTIFICATE CERTIFYING THE AGGREGATE LENGTH OF HIS SERVICE PRIOR 15 TO JANUARY FIRST OF THE YEAR THE RETIREMENT SYSTEM WAS 16 ESTABLISHED. SUCH CERTIFICATE SHALL BE FINAL AND CONCLUSIVE AS 17 TO HIS PRIOR SERVICE, UNLESS THEREAFTER MODIFIED BY THE BOARD 18 UPON APPLICATION OF THE MEMBER. [THE BOARD MAY ALSO GIVE CREDIT 19 TO ANY PERSON WHO WAS A COUNTY EMPLOYE FOR EACH YEAR THAT HE WAS 20 EMPLOYED FOR AT LEAST TWO HUNDRED DAYS PER YEAR ON A PER DIEM 21 BASIS]. ANY MEMBER WHO HAD BEEN EMPLOYED ON A PART-TIME BASIS 22 AND HAD BEEN EXCLUDED FROM MEMBERSHIP IN THE PLAN AND WHO 23 COMPLETED MORE THAN 1000 HOURS OF SERVICES DURING THE 12-MONTH 24 PERIOD BEGINNING ON THE FIRST DAY OF EMPLOYMENT OR IN ANY 25 SUCCEEDING 12-MONTH PERIOD THEREAFTER SHALL RECEIVE SERVICE 26 CREDIT FOR A FRACTIONAL PORTION OF A YEAR DETERMINED BY THE 27 RATIO OF THE NUMBER OF HOURS OF SERVICE CREDITED IN THAT 12- 28 MONTH PERIOD TO 1400 HOURS FOR THE PURPOSE OF THE COMPUTATION OF 29 HIS RETIREMENT CREDIT UPON PAYMENT BY THE EMPLOYE OF THE AMOUNT 30 WHICH THE BOARD DETERMINES SHOULD HAVE BEEN THE APPLICABLE 19890H0016B4102 - 6 -
1 MEMBER CONTRIBUTION DURING SUCH PERIOD. SUCH PAYMENT MAY BE MADE 2 IN INSTALLMENTS OVER A PERIOD FIXED BY THE BOARD. THE TIME 3 DURING WHICH A MEMBER IS ABSENT FROM SERVICE WITHOUT PAY MAY BE 4 COUNTED IN COMPUTING THE SERVICE OF A CONTRIBUTOR, IF ALLOWED BY 5 THE COUNTY COMMISSIONERS AND APPROVED BY THE BOARD AND IF THE 6 EMPLOYE PAYS THE MEMBER CONTRIBUTION, INCLUDING THE PICKUP 7 CONTRIBUTION, AND THE COUNTY'S CONTRIBUTION INTO THE FUND BASED 8 UPON THE CONTRIBUTIONS MADE THE YEAR IMMEDIATELY PRECEDING THE 9 LEAVE OF ABSENCE. 10 SECTION 5. SECTION 13(B) OF THE ACT, AMENDED JULY 20, 1979 11 (P.L.164, NO.53), IS AMENDED TO READ: 12 SECTION 13. CREDIT FOR MILITARY SERVICE; PAYMENTS INTO FUND; 13 REIMBURSEMENT.--* * * 14 (B) WITH THE APPROVAL OF THE COUNTY RETIREMENT BOARD, ALL 15 MEMBERS OF THE FUND WHO ARE CONTRIBUTORS AND WHO SERVED ACTIVELY 16 IN THE ARMED FORCES OF THE UNITED STATES [SUBSEQUENT TO 17 SEPTEMBER 1, 1940, AND WHO WERE NOT MEMBERS OF THE FUND PRIOR TO 18 SUCH MILITARY SERVICE], SHALL BE ENTITLED TO HAVE FULL SERVICE 19 CREDIT FOR EACH YEAR OR FRACTION THEREOF, NOT TO EXCEED FIVE 20 YEARS OF SUCH SERVICE. THE AMOUNT DUE FOR THE PURCHASE OF CREDIT 21 FOR MILITARY SERVICE OTHER THAN INTERVENING MILITARY SERVICE 22 SHALL BE DETERMINED BY APPLYING [THE EMPLOYE'S BASIC 23 CONTRIBUTION RATE PLUS THE COUNTY'S NORMAL CONTRIBUTION RATE FOR 24 ACTIVE MEMBERS AT THE TIME OF ENTRY, SUBSEQUENT TO SUCH MILITARY 25 SERVICE, OF THE EMPLOYE INTO COUNTY SERVICE] AN EMPLOYE'S 26 CONTRIBUTION RATE OF FIVE PER CENT PLUS A COUNTY CONTRIBUTION <-- 27 RATE OF FIVE PER CENT TO HIS AVERAGE ANNUAL RATE OF COMPENSATION 28 OVER THE FIRST THREE YEARS OF [SUCH SUBSEQUENT COUNTY] CREDITED 29 MEMBERSHIP SERVICE AND MULTIPLYING THE RESULT BY THE NUMBER OF 30 YEARS AND FRACTIONAL PART OF A YEAR OF CREDITABLE NONINTERVENING 19890H0016B4102 - 7 -
1 MILITARY SERVICE BEING PURCHASED TOGETHER WITH REGULAR INTEREST 2 [DURING ALL PERIODS OF SUBSEQUENT COUNTY] FROM THE COMMENCEMENT 3 OF SUCH CREDITED MEMBERSHIP SERVICE TO DATE OF PURCHASE. SAID 4 CONTRIBUTIONS SHALL BE PAID INTO THE FUND BY THE EMPLOYE: 5 PROVIDED, THAT THE MEMBER HAS THREE YEARS OF COUNTY SERVICE 6 SUBSEQUENT TO SUCH MILITARY SERVICE: PROVIDED FURTHER, THAT HE 7 IS NOT ENTITLED TO RECEIVE, ELIGIBLE TO RECEIVE NOW OR IN THE 8 FUTURE, OR IS RECEIVING RETIREMENT BENEFITS FOR SUCH SERVICE 9 UNDER A RETIREMENT SYSTEM ADMINISTERED AND WHOLLY OR PARTIALLY 10 PAID FOR BY ANY OTHER GOVERNMENTAL AGENCY. 11 SECTION 6. SECTION 16 OF THE ACT, AMENDED DECEMBER 20, 1983 12 (P.L.282, NO.75), IS AMENDED TO READ: 13 SECTION 16. INVOLUNTARY RETIREMENT ALLOWANCE; VOLUNTARY 14 RETIREMENT ALLOWANCE AFTER TWENTY YEARS OF SERVICE.--(A) SHOULD 15 A CONTRIBUTOR BE DISCONTINUED FROM SERVICE NOT VOLUNTARILY, OR 16 AN ELECTED COUNTY OFFICER COMPLETE HIS TERM OF OFFICE AND 17 DISCONTINUE SERVICE AFTER HAVING COMPLETED EIGHT YEARS OF TOTAL 18 SERVICE, OR VOLUNTARILY AFTER HAVING COMPLETED TWENTY YEARS OF 19 TOTAL SERVICE BUT BEFORE REACHING SUPERANNUATION RETIREMENT AGE, 20 EXCEPT AS HEREIN PROVIDED FOR CERTAIN CONTRIBUTORS WHO HAVE 21 COMPLETED TWENTY YEARS OF TOTAL SERVICE, HE SHALL BE PAID AS HE 22 MAY ELECT, AS FOLLOWS: 23 (1) THE FULL AMOUNT OF THE ACCUMULATED DEDUCTION STANDING TO 24 HIS CREDIT IN THE MEMBERS' ANNUITY RESERVE ACCOUNT; OR 25 (2) A MEMBER'S ANNUITY OF EQUIVALENT ACTUARIAL VALUE TO HIS 26 ACCUMULATED DEDUCTIONS STANDING TO HIS CREDIT IN THE MEMBERS' 27 ANNUITY RESERVE ACCOUNT, AND, IN ADDITION, A COUNTY ANNUITY 28 WHICH IS THE ACTUARIAL EQUIVALENT OF A COUNTY ANNUITY BEGINNING 29 AT SUPERANNUATION RETIREMENT AGE BUT BASED ON THE PERIOD OF 30 SERVICE UP TO THE DATE OF DISCONTINUANCE FROM SERVICE AND NOT ON 19890H0016B4102 - 8 -
1 THE PERIOD OF SERVICE REQUIRED TO REACH SUPERANNUATION 2 RETIREMENT AGE. THE SAME OPTIONS SHALL BE AVAILABLE TO RETIREES 3 IN CASE OF INVOLUNTARY RETIREMENT AS PROVIDED HEREIN IN THE CASE 4 OF SUPERANNUATION RETIREMENT. IN THE EVENT A CONTRIBUTOR, AFTER 5 HAVING COMPLETED EIGHT OR MORE YEARS OF TOTAL SERVICE, 6 HERETOFORE HAS OR HEREAFTER SHALL BE DISCONTINUED FROM SERVICE 7 BECAUSE OF APPOINTMENT OR ELECTION TO THE GENERAL ASSEMBLY OF 8 THE COMMONWEALTH OR TO A POSITION INCOMPATIBLE WITH HIS SERVICE 9 AS A COUNTY EMPLOYE OR OFFICER AND SUCH EMPLOYE OR OFFICER HAS 10 NOT REACHED THE SUPERANNUATION RETIREMENT AGE, SUCH WITHDRAWAL 11 SHALL BE CONSIDERED INVOLUNTARY; THE ACCUMULATED DEDUCTIONS AND 12 THE CONTRIBUTIONS OF THE COUNTY, AT THE OPTION OF THE EMPLOYE OR 13 OFFICER, SHALL REMAIN IN THE FUND UNTIL SUPERANNUATION AGE HAS 14 BEEN REACHED. IN THE EVENT A REFUND OF ACCUMULATED CONTRIBUTIONS 15 HAS BEEN MADE AND THE COUNTY'S ACCUMULATED CONTRIBUTIONS HAVE 16 BEEN WITHDRAWN UNDER THE ABOVE CIRCUMSTANCES, THE EMPLOYE OR 17 OFFICER SHALL BE PERMITTED TO REPAY INTO AND THE COUNTY SHALL BE 18 REQUIRED TO REIMBURSE THE FUND THE AMOUNTS PAID OUT, WITH 19 INTEREST TO THE DATE OF REPAYMENT, THEREBY REESTABLISHING THE 20 RIGHTS OF THE CONTRIBUTOR IN SAID FUND EVEN THOUGH 21 SUPERANNUATION RETIREMENT AGE HAS BEEN REACHED AND BENEFITS 22 SHALL BE PAID AS IF THE ORIGINAL SEVERANCE HAD BEEN INVOLUNTARY. 23 (B) ANY CONTRIBUTOR WHO HAS COMPLETED TWENTY YEARS OF TOTAL 24 SERVICE AND WHO HAS REACHED THE SUPERANNUATION RETIREMENT AGE 25 SHALL BE ENTITLED TO THE SUPERANNUATION RETIREMENT ALLOWANCE 26 PROVIDED IN SECTION 14. 27 SECTION 7. SECTION 24 OF THE ACT IS AMENDED TO READ: 28 SECTION 24. SIMULTANEOUS PAYMENTS OF SALARY AND RETIREMENT 29 ALLOWANCE.--SHOULD A RETIREE RECEIVING A RETIREMENT ALLOWANCE BE 30 REEMPLOYED BY THE COUNTY AS [A SALARIED] AN APPOINTED EMPLOYE OR 19890H0016B4102 - 9 -
1 AS AN ELECTED OFFICIAL, THE RETIREMENT ALLOWANCE OF SUCH PERSON 2 SHALL IMMEDIATELY CEASE. SUCH PERSON SHALL THEREUPON BE 3 REINSTATED AS A CONTRIBUTOR; AND, THERE SHALL BE RESTORED TO HIS 4 CREDIT AS ACCUMULATED DEDUCTIONS THE ACTUARIAL VALUE OF HIS 5 MEMBER'S ANNUITY COMPUTED AS OF THE DATE OF HIS REEMPLOYMENT. 6 SHOULD HE REFUSE TO SURRENDER HIS RIGHT TO RETIREMENT ALLOWANCE 7 AS OF THE DATE OF HIS REEMPLOYMENT, IT SHALL BE UNLAWFUL FOR THE 8 COUNTY TO REEMPLOY HIM. FOR THE PURPOSES OF THIS SECTION IF A 9 PERSON SERVES AS A JUROR, MASTER, OR ARBITRATOR OR IS EMPLOYED 10 ON A [PER DIEM BASIS FOR THIRTY DAYS OR LESS PER YEAR HE SHALL 11 NOT BE DEEMED REEMPLOYED, BUT IF EMPLOYED ON A PER DIEM BASIS 12 FOR MORE THAN THIRTY DAYS A YEAR THE RETIREMENT ALLOWANCE SHALL 13 CEASE DURING THE ADDITIONAL SERVICE.] PART-TIME BASIS, THE 14 RETIREMENT ALLOWANCE SHALL BE REDUCED BY AN AMOUNT EQUAL TO THE 15 AMOUNT OF COMPENSATION RECEIVED BY THE EMPLOYE. SUCH REDUCTION 16 SHALL NOT EXCEED THE AMOUNT OF THE RETIREMENT ALLOWANCE. A 17 RETIREE REEMPLOYED ON A PART-TIME BASIS EXCEEDING 1000 HOURS 18 SHALL BE CONSIDERED AN APPOINTED EMPLOYE FOR THE PURPOSES OF 19 THIS SECTION. 20 Section 4 8. This act shall take effect January 1, 1990 <-- 21 1991. L15L16JRW/19890H0016B4102 - 10 -