PRINTER'S NO. 2664
No. 2025 Session of 2001
INTRODUCED BY WANSACZ, ARMSTRONG, BELFANTI, CAPPELLI, M. COHEN,
DALEY, DeWEESE, DIVEN, FRANKEL, GRUCELA, HARHAI, HESS,
HORSEY, HUTCHINSON, JAMES, LAUGHLIN, LEH, LESCOVITZ, LUCYK,
MARKOSEK, MAYERNIK, YUDICHAK, YOUNGBLOOD, WOJNAROSKI, NAILOR,
PALLONE, PETRARCA, PISTELLA, READSHAW, ROBERTS, SHANER,
B. SMITH, TRAVAGLIO, TRICH, J. WILLIAMS AND WOGAN,
OCTOBER 16, 2001
REFERRED TO COMMITTEE ON STATE GOVERNMENT, OCTOBER 16, 2001
AN ACT
1 Amending Titles 24 (Education) and 71 (State Government) of the
2 Pennsylvania Consolidated Statutes, further providing for
3 credited school service and for the definition of State
4 service.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 8302(a) of Title 24 of the Pennsylvania
8 Consolidated Statutes, amended May 17, 2001 (P.L.26, No.9) is
9 amended to read:
10 § 8302. Credited school service.
11 (a) Computation of credited service.--In computing credited
12 school service of a member for the determination of benefits, a
13 full-time salaried school employee shall receive one year of
14 credit for each school year or the corresponding fraction
15 thereof, in accordance with the proportion of the full school
16 year for which the required regular member contributions have
1 been made, or for which such contributions otherwise required
2 for such service were not made solely by reason of any provision
3 of this part relating to the limitations under IRC § 401(a)(17)
4 or 415(b). A per diem or hourly school employee shall receive
5 one year of credited service for each nonoverlapping period of
6 12 consecutive months in which he is employed and for which
7 contributions are made, or would have been made but for such
8 limitations under the IRC, for at least 180 full-day sessions or
9 1,100 hours of employment. If such member was employed and
10 contributions were made for less than 180 full-day sessions or
11 1,100 hours, he shall be credited with a fractional portion of a
12 year determined by the ratio of the number of full-day sessions
13 or hours of service actually rendered to 180 full-day sessions
14 or 1,100 hours, as the case may be. A part-time salaried
15 employee shall be credited with the fractional portion of the
16 year which corresponds to the service actually rendered in
17 relation to the service required as a comparable full-time
18 salaried employee. In no case shall a member receive more than
19 one year of credited service for any 12 consecutive months or a
20 member who has elected multiple service receive an aggregate in
21 the two systems of more than one year of credited service for
22 any 12 consecutive months. Nonintervening military service shall
23 be considered credited school service.
24 * * *
25 Section 2. The definition of "State service" in section 5102
26 of Title 71 is amended to read:
27 § 5102. Definitions.
28 The following words and phrases as used in this part, unless
29 a different meaning is plainly required by the context, shall
30 have the following meanings:
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1 * * *
2 "State service." Service converted from county service
3 pursuant to section 5303.1 (relating to election to convert
4 county service to State service) or rendered as a State
5 employee. Nonintervening military service shall be considered
6 State service.
7 * * *
8 Section 3. This act shall be retroactive to June 30, 2001.
9 Section 4. This act shall take effect immediately.
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