SENATE AMENDED
PRIOR PRINTER'S NOS. 178, 1067, 2077 PRINTER'S NO. 3299
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
SENATOR LOEPER, RULES AND EXECUTIVE NOMINATIONS, IN SENATE, AS
AMENDED, MARCH 25, 1998
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. PROVIDING FOR <--
5 ELIGIBILITY FOR SPECIAL EARLY RETIREMENT; AND FURTHER
6 PROVIDING FOR STANDARDS OF COMPENSATION FOR EMPLOYEES OF THE
7 PUBLIC SCHOOL EMPLOYEES' RETIREMENT BOARD AND THE STATE
8 EMPLOYEES' RETIREMENT BOARD.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
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 3. Section 5308.1(4) of Title 71 is amended to read:
15 § 5308.1. Eligibility for special early retirement.
16 Notwithstanding any provisions of this title to the contrary,
17 the following special early retirement provisions shall be
18 applicable to specified eligible members as follows:
19 * * *
20 (4) During the period of July 1, 1993, to July 1, [1997]
21 2000, a member who has credit for at least 30 eligibility
22 points shall be entitled, upon termination of service and
23 filing of a proper application, to receive a maximum single
24 life annuity calculated pursuant to section 5702 without any
25 reduction by virtue of an effective date of retirement which
26 is under the superannuation age.
27 Section 4. Any person eligible to purchase service for
28 maternity leave as provided for in 24 Pa.C.S. § 8304(b)(7)(i)
29 shall have three years from the effective date of this section
30 within which to purchase the service credit.
19970H0162B3299 - 4 -
1 SECTION 1. TITLE 24 OF THE PENNSYLVANIA CONSOLIDATED <--
2 STATUTES IS AMENDED BY ADDING A SECTION TO READ:
3 § 8313. ELIGIBILITY FOR LIMITED EARLY RETIREMENT.
4 NOTWITHSTANDING ANY PROVISIONS OF THIS TITLE TO THE CONTRARY,
5 THE FOLLOWING EARLY RETIREMENT PROVISIONS SHALL BE APPLICABLE TO
6 ELIGIBLE MEMBERS:
7 (1) ANY MEMBER WHO, DURING THE PERIOD OF TIME FROM THE
8 EFFECTIVE DATE OF THIS SECTION THROUGH JULY 10, 1998:
9 (I) HAS CREDIT FOR AT LEAST 30 ELIGIBILITY POINTS;
10 (II) TERMINATES SCHOOL SERVICE; AND
11 (III) FILES AN APPLICATION FOR AN ANNUITY WITH AN
12 EFFECTIVE DATE OF RETIREMENT NOT LATER THAN JULY 11,
13 1998,
14 SHALL BE ENTITLED TO RECEIVE A MAXIMUM SINGLE LIFE ANNUITY
15 CALCULATED PURSUANT TO SECTION 8342 (RELATING TO MAXIMUM
16 SINGLE LIFE ANNUITY) WITHOUT ANY REDUCTION BY VIRTUE OF AN
17 EFFECTIVE DATE OF RETIREMENT WHICH IS UNDER THE
18 SUPERANNUATION AGE.
19 (2) ANY MEMBER WHO, DURING THE PERIOD OF TIME FROM APRIL
20 1, 1999, THROUGH JUNE 30, 1999:
21 (I) HAS CREDIT FOR AT LEAST 30 ELIGIBILITY POINTS;
22 (II) TERMINATES SCHOOL SERVICE; AND
23 (III) FILES AN APPLICATION FOR AN ANNUITY WITH AN
24 EFFECTIVE DATE OF RETIREMENT NOT LATER THAN JULY 1, 1999,
25 SHALL BE ENTITLED TO RECEIVE A MAXIMUM SINGLE LIFE ANNUITY
26 CALCULATED PURSUANT TO SECTION 8342 WITHOUT ANY REDUCTION BY
27 VIRTUE OF AN EFFECTIVE DATE OF RETIREMENT WHICH IS UNDER THE
28 SUPERANNUATION AGE.
29 SECTION 2. SECTION 8502(A) OF TITLE 24 IS AMENDED TO READ:
30 § 8502. ADMINISTRATIVE DUTIES OF BOARD.
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1 (A) EMPLOYEES.--THE SECRETARY, CLERICAL AND OTHER EMPLOYEES
2 OF THE BOARD AND THEIR SUCCESSORS WHOSE POSITIONS ON THE
3 EFFECTIVE DATE OF THIS PART ARE UNDER THE CLASSIFIED SERVICE
4 PROVISIONS OF THE ACT OF AUGUST 5, 1941 (P.L.752, NO.286), KNOWN
5 AS THE CIVIL SERVICE ACT, SHALL CONTINUE UNDER SUCH PROVISIONS.
6 NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE COMPENSATION
7 [AND CLASSIFICATION SHALL BE ESTABLISHED BY THE BOARD FOR THE
8 SECRETARY, THE ASSISTANT SECRETARY, INVESTMENT PROFESSIONALS AND
9 OTHER PROFESSIONALS AS DESIGNATED BY THE BOARD WHO ARE NOT
10 COVERED BY A COLLECTIVE BARGAINING AGREEMENT.] OF ALL OFFICERS
11 AND EMPLOYEES OF THE BOARD WHO ARE NOT COVERED BY A COLLECTIVE
12 BARGAINING AGREEMENT SHALL BE ESTABLISHED BY THE BOARD
13 CONSISTENT WITH THE STANDARDS OF COMPENSATION ESTABLISHED BY THE
14 EXECUTIVE BOARD OF THE COMMONWEALTH.
15 * * *
16 SECTION 3. TITLE 71 IS AMENDED BY ADDING A SECTION TO READ:
17 § 5308.2 ELIGIBILITY FOR LIMITED EARLY RETIREMENT.
18 NOTWITHSTANDING ANY PROVISIONS OF THIS TITLE TO THE CONTRARY,
19 ANY ELIGIBLE MEMBER WHO, DURING THE PERIOD OF TIME FROM JULY 1,
20 1998, THROUGH JUNE 30, 1999:
21 (1) HAS CREDIT FOR AT LEAST 30 ELIGIBILITY POINTS;
22 (2) TERMINATES STATE SERVICE; AND
23 (3) FILES AN APPLICATION FOR AN ANNUITY WITH AN
24 EFFECTIVE DATE OF RETIREMENT NOT LATER THAN JULY 1, 1999,
25 SHALL BE ENTITLED TO RECEIVE A MAXIMUM SINGLE LIFE ANNUITY
26 CALCULATED PURSUANT TO SECTION 5702 (RELATING TO MAXIMUM SINGLE
27 LIFE ANNUITY) WITHOUT ANY REDUCTION BY VIRTUE OF AN EFFECTIVE
28 DATE OF RETIREMENT WHICH IS UNDER THE SUPERANNUATION AGE.
29 SECTION 4. SECTION 5902(A) OF TITLE 71 IS AMENDED TO READ:
30 § 5902. ADMINISTRATIVE DUTIES OF THE BOARD.
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1 (A) EMPLOYEES.--THE SECRETARY, CLERICAL, AND OTHER EMPLOYEES
2 OF THE BOARD AND THEIR SUCCESSORS WHOSE POSITIONS ON THE
3 EFFECTIVE DATE OF THIS PART ARE UNDER THE CLASSIFIED SERVICE
4 PROVISIONS OF THE ACT OF AUGUST 5, 1941 (P.L.752, NO.286), KNOWN
5 AS THE CIVIL SERVICE ACT, SHALL CONTINUE UNDER SUCH PROVISIONS.
6 NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW, THE COMPENSATION
7 [SHALL BE ESTABLISHED BY THE BOARD FOR THE SECRETARY, THE
8 ASSISTANT SECRETARY, INVESTMENT PROFESSIONALS AND OTHER
9 PROFESSIONALS DESIGNATED BY THE BOARD WHO ARE NOT COVERED BY A
10 COLLECTIVE BARGAINING AGREEMENT] OF ALL OFFICERS AND EMPLOYEES
11 OF THE BOARD WHO ARE NOT COVERED BY A COLLECTIVE BARGAINING
12 AGREEMENT SHALL BE ESTABLISHED BY THE BOARD CONSISTENT WITH THE
13 STANDARDS OF COMPENSATION ESTABLISHED BY THE EXECUTIVE BOARD OF
14 THE COMMONWEALTH. THE SECRETARY SHALL ACT AS CHIEF
15 ADMINISTRATIVE OFFICER FOR THE BOARD. IN ADDITION TO OTHER
16 POWERS AND DUTIES CONFERRED UPON AND DELEGATED TO THE SECRETARY
17 BY THE BOARD, THE SECRETARY SHALL:
18 (1) SERVE AS THE ADMINISTRATIVE AGENT OF THE BOARD.
19 (2) SERVE AS LIAISON BETWEEN THE BOARD AND APPLICABLE
20 LEGISLATIVE COMMITTEES, THE TREASURY DEPARTMENT, THE
21 DEPARTMENT OF THE AUDITOR GENERAL, AND BETWEEN THE BOARD AND
22 THE INVESTMENT COUNSEL AND THE MORTGAGE SUPERVISOR IN
23 ARRANGING FOR INVESTMENTS TO SECURE MAXIMUM RETURNS TO THE
24 FUND.
25 (3) REVIEW AND ANALYZE PROPOSED LEGISLATION AND
26 LEGISLATIVE DEVELOPMENTS AFFECTING THE SYSTEM AND PRESENT
27 FINDINGS TO THE BOARD, LEGISLATIVE COMMITTEES, AND OTHER
28 INTERESTED GROUPS OR INDIVIDUALS.
29 (4) DIRECT THE MAINTENANCE OF FILES AND RECORDS AND
30 PREPARATION OF PERIODIC REPORTS REQUIRED FOR ACTUARIAL
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1 EVALUATION STUDIES.
2 (5) RECEIVE INQUIRIES AND REQUESTS FOR INFORMATION
3 CONCERNING THE SYSTEM FROM THE PRESS, COMMONWEALTH OFFICIALS,
4 STATE EMPLOYEES, THE GENERAL PUBLIC, RESEARCH ORGANIZATIONS,
5 AND OFFICIALS AND ORGANIZATIONS FROM OTHER STATES, AND
6 PROVIDE INFORMATION AS AUTHORIZED BY THE BOARD.
7 (6) SUPERVISE A STAFF OF ADMINISTRATIVE, TECHNICAL, AND
8 CLERICAL EMPLOYEES ENGAGED IN RECORD-KEEPING AND CLERICAL
9 PROCESSING ACTIVITIES IN MAINTAINING FILES OF MEMBERS,
10 ACCOUNTING FOR CONTRIBUTIONS, PROCESSING PAYMENTS TO
11 ANNUITANTS, PREPARING REQUIRED REPORTS, AND RETIREMENT
12 COUNSELING.
13 * * *
14 Section 5. This act shall take effect immediately.
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