PRINTER'S NO. 438
No. 374 Session of 2007
INTRODUCED BY HALUSKA, BIANCUCCI, CALTAGIRONE, COHEN, DeLUCA,
FABRIZIO, FREEMAN, GEIST, GEORGE, GERGELY, GOODMAN, KOTIK,
LEACH, MANN, MARKOSEK, PALLONE, PETRARCA, PETRONE, PYLE,
SOLOBAY, STABACK, THOMAS, WALKO, WOJNAROSKI, YOUNGBLOOD,
YUDICHAK AND DeWEESE, FEBRUARY 13, 2007
REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 13, 2007
AN ACT
1 Amending Title 71 (State Government) of the Pennsylvania
2 Consolidated Statutes, further providing for contributions
3 for the purchase of credit for creditable nonstate service by
4 certain mine workers.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 5505 of Title 71 of the Pennsylvania
8 Consolidated Statute is amended by adding a subsection to read:
9 § 5505. Contributions for the purchase of credit for creditable
10 nonstate service.
11 * * *
12 (i) Purchase of service credit by certain mine workers.--
13 (1) All of the following active members who are employed
14 in accordance with the act of July 17, 1961 (P.L.659,
15 No.339), known as the Pennsylvania Bituminous Coal Mine Act,
16 or the act of November 10, 1965 (P.L.721, No.346), known as
17 the Pennsylvania Anthracite Coal Mine Act, shall be eligible
1 to obtain State service credit for the period of previous
2 employment in mining required for employment and
3 certification, if any, under the Pennsylvania Bituminous Coal
4 Mine Act or the Pennsylvania Anthracite Coal Mine Act, as
5 applicable, upon payment of the required contributions by the
6 member:
7 (i) Mine inspectors.
8 (ii) Electrical inspectors.
9 (iii) First aid instructors.
10 (iv) Mine rescue instructors.
11 (v) Emergency response training specialists.
12 (vi) Supervisors or managers of any mine workers
13 listed in subparagraphs (i), (ii), (iii), (iv) and (v).
14 (2) The amount due for the purchase of credit for mining
15 service as authorized under subsection (a) shall be
16 determined by applying the member's basic contribution rate,
17 the additional contribution rate plus the Commonwealth normal
18 contribution rate for active members at the time of entry,
19 subsequent to such mining service, of the member into State
20 service to his average annual rate of compensation over the
21 first three years of such subsequent State service and
22 multiplying the result by the number of years of creditable
23 mining service being purchased together with statutory
24 interest during all periods of subsequent State service to
25 date of purchase.
26 (3) The purchase payment shall be made in lump sum by
27 the member within 30 days of certification by the board of
28 the required purchase amount or may be amortized through
29 salary deductions in amounts agreed upon by the member and
30 the board with interest payable on the unpaid balance at the
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1 rate applicable to the most recently issued 30-year bonds of
2 the United States Treasury Department.
3 (4) In no event shall the service be creditable if the
4 member has received, is entitled to receive, eligible to
5 receive now or in the future or is receiving retirement
6 benefits for such service or has retirement credit or has now
7 or acquires in the future retirement credit under a
8 retirement system administered and wholly or partially paid
9 for by any other governmental agency, private employer or
10 labor organization. In the event that State service credit is
11 granted for the service and the member subsequently receives
12 credit for the service that is prohibited by this paragraph,
13 the State service credited shall be canceled and any member
14 contributions and interest paid by the member under paragraph
15 (2) shall be refunded to the member by the board.
16 Section 2. This act shall take effect in 60 days.
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