PRIOR PRINTER'S NOS. 178, 1067 PRINTER'S NO. 2077
No. 162 Session of 1997
INTRODUCED BY ALLEN, STAIRS, COWELL, SCHULER, CORRIGAN,
D. W. SNYDER, DeWEESE, HERMAN, LUCYK, ITKIN, McCALL, TULLI,
DENT, BOYES, BAKER, BATTISTO, BELARDI, BOSCOLA, BUNT,
BUTKOVITZ, BUXTON, CAPPABIANCA, CARN, CARONE, CIVERA,
COLAIZZO, CORPORA, CURRY, DALLY, DEMPSEY, DERMODY, DONATUCCI,
FICHTER, FLEAGLE, GEIST, GORDNER, GRUPPO, HALUSKA, HANNA,
ARGALL, HESS, HORSEY, HUTCHINSON, JAMES, KENNEY, KIRKLAND,
KREBS, LaGROTTA, A. H. WILLIAMS, B. SMITH, BEBKO-JONES,
BELFANTI, BENNINGHOFF, BLAUM, C. WILLIAMS, CALTAGIRONE,
CASORIO, COLAFELLA, CONTI, COY, E. Z. TAYLOR, EACHUS, EVANS,
HASAY, J. TAYLOR, JAROLIN, L. I. COHEN, LAUGHLIN, LLOYD,
M. COHEN, MANDERINO, MARKOSEK, MARSICO, MELIO, MICOZZIE,
MIHALICH, MILLER, MUNDY, NAILOR, NICKOL, O'BRIEN, OLIVER,
PETRONE, PLATTS, RAMOS, REBER, RIEGER, ROBERTS, ROEBUCK,
ROONEY, S. H. SMITH, SAINATO, SANTONI, SATHER, SAYLOR,
SERAFINI, SHANER, STABACK, STEELMAN, STETLER, STRITTMATTER,
STURLA, SURRA, THOMAS, TIGUE, TRELLO, VAN HORNE, VANCE, VEON,
WOGAN, WOJNAROSKI, M. N. WRIGHT, YEWCIC, YOUNGBLOOD,
ZIMMERMAN, ZUG, TRICH, DRUCE, BISHOP, TRAVAGLIO, McNAUGHTON,
HERSHEY, FARGO, SEYFERT, PETRARCA, STEVENSON, READSHAW,
LESCOVITZ, WILT, CORNELL, WASHINGTON AND McILHATTAN,
FEBRUARY 3, 1997
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 11, 1997
AN ACT
1 Amending Titles 24 (Education) and 71 (State Government) of the
2 Pennsylvania Consolidated Statutes, FURTHER PROVIDING FOR <--
3 CREDITABLE NONSCHOOL SERVICE; AND extending the period of
4 eligibility for special early retirement.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 8312(4) of Title 24 of the Pennsylvania <--
8 Consolidated Statutes is amended to read:
1 SECTION 1. SECTION 8304(B) OF TITLE 24 OF THE PENNSYLVANIA <--
2 CONSOLIDATED STATUTES IS AMENDED TO READ:
3 § 8304. CREDITABLE NONSCHOOL SERVICE.
4 * * *
5 (B) LIMITATIONS ON NONSCHOOL SERVICE.--CREDITABLE NONSCHOOL
6 SERVICE CREDIT SHALL BE LIMITED TO:
7 (1) INTERVENING MILITARY SERVICE.
8 (2) MILITARY SERVICE OTHER THAN INTERVENING MILITARY
9 SERVICE AND ACTIVATED MILITARY SERVICE NOT EXCEEDING FIVE
10 YEARS PROVIDED THAT A MEMBER WITH MULTIPLE SERVICE MAY NOT
11 PURCHASE MORE THAN A TOTAL OF FIVE YEARS OF MILITARY SERVICE
12 IN BOTH THE SYSTEM AND THE STATE EMPLOYEES' RETIREMENT
13 SYSTEM.
14 (3) SERVICE IN ANY PUBLIC SCHOOL OR PUBLIC EDUCATIONAL
15 INSTITUTION IN ANY STATE OTHER THAN THIS COMMONWEALTH OR IN
16 ANY TERRITORY OR AREA UNDER THE JURISDICTION OF THE UNITED
17 STATES. THIS PARAGRAPH INCLUDES SERVICE, PRIOR TO JULY 1,
18 1965, AT A COMMUNITY COLLEGE ESTABLISHED UNDER THE ACT OF
19 AUGUST 24, 1963 (P.L.1132, NO.484), KNOWN AS THE COMMUNITY
20 COLLEGE ACT OF 1963.
21 (4) SERVICE AS AN ADMINISTRATOR, TEACHER, OR INSTRUCTOR
22 IN THE FIELD OF PUBLIC SCHOOL EDUCATION FOR ANY AGENCY OR
23 DEPARTMENT OF THE GOVERNMENT OF THE UNITED STATES WHETHER OR
24 NOT SUCH AREA WAS UNDER THE JURISDICTION OF THE UNITED
25 STATES.
26 (5) PREVIOUS SERVICE AS AN EMPLOYEE OF A COUNTY BOARD OF
27 SCHOOL DIRECTORS WHICH EMPLOYMENT WAS TERMINATED BECAUSE OF
28 THE TRANSFER OF THE ADMINISTRATION OF SUCH SERVICE OR OF THE
29 ENTIRE AGENCY TO A GOVERNMENTAL ENTITY.
30 (6) PREVIOUS SERVICE AS A COUNTY EMPLOYEE AS A NURSE.
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1 FOR EVERY THREE YEARS OR MAJOR FRACTION THEREOF IN PREVIOUS
2 WORK EXPERIENCE, AN INDIVIDUAL MAY BUY ONE YEAR OF CREDITABLE
3 SERVICE, NOT TO EXCEED A TOTAL OF FIVE YEARS. THE PURCHASE OF
4 THIS SERVICE SHALL BEGIN WITHIN THREE YEARS OF THE EMPLOYEE'S
5 ELIGIBILITY TO PURCHASE THIS CREDITABLE SERVICE.
6 (7) (I) SERVICE FOR THE PERIOD OF TIME SPENT ON A
7 MATERNITY LEAVE OF ABSENCE REQUIRED BY THE EMPLOYER,
8 WHICH CREDITABLE SERVICE SHALL NOT EXCEED TWO YEARS PER
9 LEAVE AND SHALL BE APPLICABLE ONLY TO A MATERNITY LEAVE
10 WHICH WAS MANDATORY PRIOR TO MAY 17, 1975. [THE PURCHASE
11 OF THIS SERVICE SHALL BEGIN WITHIN ONE YEAR OF THE
12 EMPLOYEE'S ELIGIBILITY TO PURCHASE THIS CREDITABLE
13 SERVICE.]
14 (II) SERVICE FOR THE PERIOD OF TIME SPENT ON A
15 MATERNITY LEAVE OF ABSENCE REQUIRED BY THE EMPLOYER,
16 WHICH CREDITABLE SERVICE SHALL NOT EXCEED TWO YEARS PER
17 LEAVE AND SHALL BE APPLICABLE ONLY TO A MATERNITY LEAVE
18 THAT WAS MANDATORY AND BEGAN AFTER MAY 16, 1975, AND
19 PRIOR TO NOVEMBER 1, 1978. THE PURCHASE OF THIS SERVICE
20 SHALL BEGIN WITHIN ONE YEAR OF THE EMPLOYEE'S ELIGIBILITY
21 TO PURCHASE THE CREDITABLE SERVICE UNDER THIS
22 SUBPARAGRAPH.
23 (8) SERVICE IN THE CADET NURSE CORPS WITH RESPECT TO ANY
24 PERIOD OF TRAINING AS A STUDENT OR GRADUATE NURSE UNDER A
25 PLAN APPROVED UNDER SECTION 2 OF THE ACT OF JUNE 15, 1943
26 (PUBLIC LAW 78-73, 57 STAT. 153), IF THE TOTAL PERIOD OF
27 TRAINING UNDER THE PLAN WAS AT LEAST TWO YEARS, THE CREDIT
28 FOR SUCH SERVICE NOT TO EXCEED THREE YEARS.
29 * * *
30 SECTION 2. SECTION 8312(4) OF TITLE 24 IS AMENDED TO READ:
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1 § 8312. Eligibility for special early retirement.
2 Notwithstanding any provisions of this title to the contrary,
3 for the period only of July 1, 1985, to July 1, [1997] 2000, the
4 following special early retirement provisions shall be
5 applicable to specified eligible members as follows:
6 * * *
7 (4) During the period of July 1, 1993, to July 1, [1997]
8 2000, a member who has credit for at least 30 eligibility
9 points shall be entitled, upon termination of service and
10 filing of a proper application, to receive a maximum single
11 life annuity calculated pursuant to section 8342 without any
12 reduction by virtue of an effective date of retirement which
13 is under the superannuation age.
14 Section 2 3. Section 5308.1(4) of Title 71 is amended to <--
15 read:
16 § 5308.1. Eligibility for special early retirement.
17 Notwithstanding any provisions of this title to the contrary,
18 the following special early retirement provisions shall be
19 applicable to specified eligible members as follows:
20 * * *
21 (4) During the period of July 1, 1993, to July 1, [1997]
22 2000, a member who has credit for at least 30 eligibility
23 points shall be entitled, upon termination of service and
24 filing of a proper application, to receive a maximum single
25 life annuity calculated pursuant to section 5702 without any
26 reduction by virtue of an effective date of retirement which
27 is under the superannuation age.
28 SECTION 4. ANY PERSON ELIGIBLE TO PURCHASE SERVICE FOR <--
29 MATERNITY LEAVE AS PROVIDED FOR IN 24 PA.C.S. § 8304(B)(7)(I)
30 SHALL HAVE THREE YEARS FROM THE EFFECTIVE DATE OF THIS SECTION
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1 WITHIN WHICH TO PURCHASE THE SERVICE CREDIT.
2 Section 3 5. This act shall take effect immediately. <--
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