71 Pa.C.S. § 2901 — PA Code / Title 71 / Chapter 29 / Section 2901
Service and cooperation.
Status: in_force

(a) General rule.--The services and facilities utilized by the Office of Administration and its staff to implement this chapter shall be available to departments, boards, commissions, agencies and political subdivisions of this Commonwealth.

(b) Costs.--The following shall apply:

(1) The cost of the services and facilities made available by the Office of Administration under subsection

(a) shall be paid proportionally by the department, board, commission, agency or political subdivision to which the services and facilities are made available.

(2) The Office of Administration shall prepare and issue semiannual statements of costs under this section, setting forth the total cost and the share attributable to each department, board, commission, agency or political subdivision to which services or facilities are made available. Upon receipt of a statement, each department, board, commission, agency and political subdivision shall pay its share of the cost to the Office of Administration.

(c) Obligation.--The following shall apply:

(1) Money payable to the Office of Administration under subsection (b) shall be:

(i) deposited into the General Fund;

(ii) credited to the annual appropriation made to the Office of Administration out of the General Fund for the proper conduct of its work under this chapter; and

(iii) made available for the same purposes for which an appropriation is available.

(2) If a department, board, commission or agency of this Commonwealth that is supported with money from the General Fund becomes liable to the Office of Administration under this section, the liability shall be reimbursed out of the current appropriation to the department, board, commission or agency, and an appropriation is appropriated for that purpose.

(3) As much money as may be necessary is appropriated to the Office of Administration from:

(i) The State Stores Fund to meet the cost of the services and facilities of the Office of Administration as may be attributable to the work of the Office of Administration with respect to the Pennsylvania Liquor Control Board; and

(ii) the Administration Fund to meet the cost of services and facilities of the Office of Administration as may be attributable to the work of the Office of Administration with respect to the work of the Department of Labor and Industry under the act of December 5, 1936 (2nd Sp.Sess., 1937 P.L.2897, No.1), known as the Unemployment Compensation Law.

(4) In the event any other department, board, commission or agency of the Commonwealth that is supported out of a special fund becomes obligated to the Office of Administration under the provisions of this section, as much money as may be necessary is appropriated out of the special fund to meet the cost of services and facilities of the Office of Administration as may be attributable to the work of the administrative department, board, commission or

agency. The amounts that are appropriated out of the special funds shall be transferred from the funds to the General Fund, shall be credited to the current appropriation made to the Office of Administration out of the General Fund and are appropriated to the Office of Administration for the same purposes as the appropriation out of the General Fund is appropriated under this section.
71 Pa.C.S. § 5509 — PA Code / Title 71 / Chapter 55 / Section 5509
Appropriations and assessments by the Commonwealth.
Status: in_force

(a) Annual submission of budget.--The board shall prepare and submit annually an itemized budget consisting of the amounts necessary to be appropriated by the Commonwealth out of the General Fund and special operating funds and the amounts to be assessed the other employers required to meet the separate obligations to the fund and the trust accruing during the fiscal period beginning the first day of July of the following year.

(b) Appropriation and payment.--The General Assembly shall make an appropriation sufficient to provide for the separate obligations of the Commonwealth to the fund and the trust. Such amount shall be paid by the State Treasurer through the Department of Revenue into the fund or trust in accordance with requisitions presented by the board. The contributions to the system by the Commonwealth on behalf of active members who are officers of the Pennsylvania State Police shall be charged to the General Fund and to the Motor License Fund in the same ratios as used to apportion the appropriations for salaries of members of the Pennsylvania State Police. The contributions to the system by the Commonwealth on behalf of active members who

are enforcement officers and investigators of the Pennsylvania Liquor Control Board shall be charged to the General Fund and to the State Stores Fund.

(c) Contributions from funds other than General Fund.--The amounts assessed other employers who are required to make the necessary separate contributions to the fund and the trust out of funds other than the General Fund shall be paid by such employers into the fund or trust in accordance with requisitions presented by the board. The General Fund of the Commonwealth shall not be held liable to appropriate the moneys required to build up the reserves in the fund necessary for the payment of benefits from the system to employees or to make the employer defined contributions for employees of such other employers. In case any such other employer shall fail to provide to the fund the moneys necessary for such purpose, then the service of such members of the system for such period for which money is not so provided shall be credited and pickup contributions with respect to such members shall continue to be credited to the members' savings account. The annuity to which such member is entitled shall be determined as actuarially equivalent to the present value of the maximum single life annuity of each such member reduced by the amount of employer contributions to the system payable on account and attributable to his compensation during such service, except that no reduction shall be made as a result of the failure of an employer to make contributions required for a period of USERRA leave. (Dec. 14, 1982, P.L.1249, No.284, eff. imd.; Oct. 24, 2012, P.L.1436, No.181, eff. Dec. 31, 2012; June 12, 2017, P.L.11, No.5, eff. imd.) 1982 Amendment. See sections 2, 3 and 4 of Act 284 in the appendix to this title for special provisions relating to required contributions by head of department, nonseverability and retroactivity. Cross References. Section 5509 is referred to in sections 5702, 5902 of this title.
71 Pa.C.S. § 27 — PA Code / Title 71 / Chapter 27 / Section 27
Changes in accrued liability of State Employees' Retirement System.
Status: in_force

Notwithstanding any other provision of law, any change in accrued liability of the State Employees' Retirement System created by this act as a result of changes in benefits shall be funded in equal dollar installments over a period of 30 years beginning July 1, 2011, subject to any limits imposed by this act on employer contributions to the State Employees' Retirement System. For purposes of 71 Pa.C.S. §§ 5501.2, 5507 and 5508, any such changes shall not be considered to be costs added by legislation. § 28. Class A-3 or Class A-4 member eligibility. Notwithstanding any regulation promulgated by the State Employees' Retirement Board, application or interpretation of 71 Pa.C.S. Pt. XXV, or administrative practice to the contrary, a member's eligibility deriving from Class A-3 or Class A-4 service credit for a superannuation annuity or other rights and benefits based upon attaining a superannuation score of 92 or the accrual of 35 eligibility points shall be determined by including only those eligibility points actually accrued.
71 Pa.C.S. § 5935 — PA Code / Title 71 / Chapter 59 / Section 5935
Annuity reserve account.
Status: in_force

(a) Credits and charges to account.--The annuity reserve account shall be the ledger account to which shall be credited the reserves held for payment of annuities and death benefits on account of all annuitants except in the case of members who are officers of the Pennsylvania State Police or enforcement officers. The annuity reserve account shall be credited with valuation interest. After the transfers provided in sections 5933 (relating to members' savings account), 5934 (relating to State accumulation account) and 5938 (relating to supplemental annuity account), all annuity and death benefit payments resulting from membership in the system except those payable to any member who retires as an officer of the Pennsylvania State Police or an enforcement officer shall be charged to the annuity reserve account and paid from the fund.

(b) Transfers from account.--Should an annuitant other than a member who was retired as an officer of the Pennsylvania State Police or an enforcement officer be subsequently restored to active service as a member of the system or as a participant in the plan, the present value of his member's annuity at the time of reentry into State service shall be transferred from the annuity reserve account and placed to his individual credit in the members' savings account. In addition, the actuarial reserve for his annuity less the amount transferred to the members' savings account shall be transferred from the annuity reserve account to the State accumulation account. (June 12, 2017, P.L.11, No.5, eff. imd.) Cross References. Section 5935 is referred to in sections 5932, 5933, 5934, 5938 of this title.
71 Pa.C.S. § 3002 — PA Code / Title 71 / Chapter 30 / Section 3002
Meetings of commission.
Status: in_force

(a) Meetings.--The commission shall meet at least once each month. Meetings may be canceled with appropriate public notice.

(b) Notice of meetings.--The chair of the commission shall cause reasonable notice to be given to each member of the commission and to the director of the time and place of each meeting.

(c) Call to meeting.--Meetings shall be held at the call of the chair, the Governor or any member of the commission.

(d) Quorum.--Two members of the commission shall constitute a quorum at a meeting.
71 Pa.C.S. § 35 — PA Code / Title 71 / Chapter 35 / Section 35
Construction and administration of act.
Status: in_force

* * *

(b) State Employees' Retirement System.--Except as provided in section 23(b), this act shall be construed and administered in such manner that the State Employees' Retirement System will satisfy the requirements necessary to qualify as a qualified pension plan under section 415(b) of the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 415(b)).
71 Pa.C.S. § 2605 — PA Code / Title 71 / Chapter 26 / Section 2605
Rights of promoted employee during probationary period.
Status: in_force

(a) General rule.--An employee serving a probationary period which has resulted from a promotion may be removed from the classified service only for just cause.

(b) Voluntary return to previous position.--

(1) During the first three months of the probationary period, the employee has the option to return to the position previously held.

(2) After three months, an employee in probationary status may return to the previous position or classification with written consent of the appointing authorities.

(c) Appointment to previous position.--If the employee's performance during the probationary period is not determined to be satisfactory by the appointing authority, the employee shall be returned to the position or class held immediately prior to the promotion without necessity of appeal or hearing.
71 Pa.C.S. § 2401 — PA Code / Title 71 / Chapter 24 / Section 2401
Certification.
Status: in_force

(a) Statement of vacancy.--If a vacancy is likely to occur or is to be filled in the classified service, the appointing authority shall submit to the Office of Administration a statement indicating the position to be filled.

(b) Certification of available individuals.--

(1) The Office of Administration shall certify to the appointing authority the names of the three highest-ranking available individuals on the certification of eligibles, except if any of the following apply:

(i) The appointing authority elects to follow an alternative selection procedure under section 2402(a) (relating to selection and appointment of eligibles).

(ii) A labor agreement covering promotions in the classified service exists.

(iii) The Office of Administration has specified, prior to testing the eligibles on the eligible list, that either all available individuals, regardless of ranking, or a specified alternative number other than three of the highest-ranking available individuals shall be used in making selections for the classification.

(2) If a labor agreement covering promotions in the classified service exists, the terms and procedures of the labor agreement relative to the procedures for promotions shall control.

(c) Lack of eligibles.--If the appropriate employment or promotion certification of eligibles contains fewer than three eligibles who are willing to accept appointment or if there is no appropriate eligible list, the appointing authority may appoint an available eligible from the approved eligible list

or request the Office of Administration to certify from another eligible list deemed the next most appropriate.

(d) Selective certifications.--If operational conditions of the appointing authority dictate and it is in the interest of the service to the Commonwealth, the Office of Administration may authorize selective certifications based on merit-related criteria.

(e) Waiver of consideration.--An individual on a promotion or employment list who waives consideration for promotion or appointment may not be considered among the names from which a promotion or appointment is to be made. Cross References. Section 2401 is referred to in section 2402 of this title.
71 Pa.C.S. § 2406 — PA Code / Title 71 / Chapter 24 / Section 2406
Temporary appointments to extra positions.
Status: in_force

If, from pressure of work, an extra position in the classified service must be established for a period of 12 months or less, the appointing authority shall request the Office of Administration to certify the name of a qualified individual from an appropriate eligible list or by other means authorized by this part. In the request, the appointing authority shall state the cause of the extra work, the probable length of employment and the duties that the appointee is to perform.
71 Pa.C.S. § 406 — PA Code / Title 71 / Chapter 4 / Section 406
Construction related to Federal law.
Status: in_force

The following shall apply to construction related to Federal law as to the State Employees' Retirement System:

(1) This act shall be construed and administered in a manner that the State Employees' Retirement System and the State Employees' Defined Contribution Plan shall satisfy the requirements necessary to qualify as a qualified pension plan under section 401(a) of the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 401(a)), other

applicable provisions of the Internal Revenue Code of 1986 and the Uniformed Services Employment and Reemployment Rights Act of 1994 (Public Law 103-353, 108 Stat. 3149). The rules, regulations and procedures adopted and promulgated by the State Employees' Retirement Board and the terms and conditions of the plan document and trust declaration adopted by the State Employees' Retirement Board may include provisions necessary to accomplish the purpose of this section.

(2) Nothing in this act shall be construed or deemed to imply that any member shall be required to make contributions to the State Employees' Retirement System in excess of the limits established by section 415(n)(3)(A)(iii) of the Internal Revenue Code of 1986. A contribution made by a member that is determined to be in excess of the limits shall be refunded to the member in a lump sum subject to withholding for all applicable taxes and penalties as soon as administratively possible after the determination is made. A refund under this subparagraph shall not affect the benefit payable to the member and shall not be treated as or deemed to be a withdrawal of the member's accumulated deductions.

(3) Nothing in this act shall be construed to mean that an interpretation or application of 71 Pa.C.S. Pt. XXV or benefits available to members of the State Employees' Retirement System was not in accordance with 71 Pa.C.S. Pt. XXV or other applicable law, including the Internal Revenue Code of 1986 and the Uniformed Services Employment and Reemployment Rights Act before the effective date of this section.
71 Pa.C.S. § 5707 — PA Code / Title 71 / Chapter 57 / Section 5707
Death benefits.
Status: in_force

(a) Members eligible for annuities.--Any active member, inactive member, vestee or current or former State employee performing USERRA leave who dies and was eligible for an annuity in accordance with section 5308(a) or (b) (relating to eligibility for annuities) or special vestee who has attained superannuation age and dies before applying for a superannuation annuity shall be considered as having applied for an annuity

to become effective the day before his death and in the event he has not elected an option or such election has not been approved prior to his death, it shall be assumed that he elected Option 1. For purposes of this subsection, a member with Class A-5 service or Class A-6 service who has ten or more eligibility points shall be considered eligible for an annuity based on Class A-5 or Class A-6 service, subject to a reduction factor calculated to provide benefits actuarially equivalent to an annuity starting at superannuation age, even if the member had not attained age 62.

(b) Members ineligible for annuities.--In the event of the death of a special vestee, an active member, an inactive member or a current or former State employee performing USERRA leave who is not entitled to a death benefit as provided in subsection

(a), his designated beneficiary shall be paid the full amount of his total accumulated deductions.

(b.1) Members eligible for annuities in some classes of service and ineligible in other classes of service.--In the event of the death of a member who is eligible for an annuity based on service credited in some classes of service and ineligible for an annuity for service credited in other classes of service, a benefit shall be paid under subsection (a) based on the service for which an annuity is deemed payable in addition to payment under subsection (b) of the accumulated deductions attributable to service for which the member was not eligible for an annuity.

(c) Disability annuitants eligible for withdrawal annuity.--In the event of the death of a disability annuitant who has elected to receive a maximum disability annuity before he has received in annuity payments an amount equal to the present value, on the effective date of disability, of the benefits to which he would have been entitled under subsection

(a) had he died while in State service, the balance of such amount shall be paid to his designated beneficiary.

(d) Disability annuitants ineligible for withdrawal annuity.--In the event of the death of a disability annuitant who was not entitled to receive benefits under subsection (a), his beneficiary shall be paid the excess of the sum of the regular and additional accumulated deductions standing to his credit on the effective date of disability over one-third of the total disability payments received.

(e) Annuitants electing maximum single life annuity.--In the event of the death of an annuitant who has elected to receive the maximum single life annuity before he has received in annuity payments the full amount of the total accumulated deductions standing to his credit on the effective date of retirement, the balance shall be paid to his designated beneficiary.

(f) Members subject to limitations under section 5702(c).--Subject to the limitations contained in section 401(a)(9) of the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 401(a)(9)), the present value of any annuity in excess of that payable under section 5702 (relating to maximum single life annuity) that is not subject to the limitations under section 415(b) of the Internal Revenue Code of 1986 shall be paid in a lump sum to the beneficiary designated by the member after the death of the member. A beneficiary receiving a benefit under this subsection shall not be able to elect a payment method otherwise allowed under section 5709(b)(2) and (3) (relating to payment of benefits from the system).

(g) Required distributions.--All payments pursuant to this section shall start and be made in compliance with the minimum distribution requirements and incidental death benefit rules of IRC § 401(a)(9). (Oct. 7, 1975, P.L.348, No.101, eff. imd.; July 22, 1983, P.L.104, No.31, eff. imd.; June 13, 1985, P.L.40, No.19, eff. imd.; June 25, 1997, P.L.369, No.41, eff. imd.; May 17, 2001, P.L.26, No.9, eff. imd.; Oct. 24, 2012, P.L.1436, No.181, eff. Dec. 31, 2012; Dec. 28, 2015, P.L.529, No.93, eff. imd.; June 12, 2017, P.L.11, No.5, eff. imd.) 2017 Amendment. Act 5 amended subsecs. (a), (b) and (f) and added subsec. (b.1). 2015 Amendment. Act 93 added subsec. (g). 1997 Amendment. See section 6 of Act 41 in the appendix to this title for special provisions relating to limitation of special vestee status. 1985 Amendment. Act 19 amended subsec. (d). 1975 Amendment. Act 101 amended subsec. (c). Cross References. Section 5707 is referred to in sections 5709, 5907 of this title.
71 Pa.C.S. § 2609 — PA Code / Title 71 / Chapter 26 / Section 2609
Seniority.
Status: in_force

(a) General rule.--Seniority is established for the classified service, classification series and for each class, unless there is in existence a labor agreement covering the position in the classified service, in which case the definition of seniority in the labor agreement shall control.

(b) Calculation of seniority.--

(1) Seniority for the classified service begins with the date of first civil service employment in a civil service class and includes periods of subsequent employment in any civil service class, providing the employment has been on a continuous basis.

(2) Seniority for a classification series begins with the date of first civil service employment in the class series and includes periods of employment in classes within the series during any period while employed on a continuous basis in the classified service.

(3) Seniority in each class begins with the date of first civil service employment in that class and includes periods of subsequent employment in that class during any period while employed on a continuous basis in the classified service.

(c) Consideration of furlough and leave of absence.--Periods of furlough and approved leave of absence without pay shall be deemed continuous employment for seniority purposes, except that the period of furlough or leave of absence without pay shall not be counted toward seniority.
71 Pa.C.S. § 5802 — PA Code / Title 71 / Chapter 58 / Section 5802
Plan document.
Status: in_force

The board shall set forth the terms and provisions of the plan and trust in a document containing the terms and conditions of the plan and in a trust declaration that shall be published in the Pennsylvania Bulletin. Any amendments to the plan and trust declaration also shall be published. The creation of the document containing the terms and conditions of the plan and the trust declaration and the establishment of the terms and provisions of the plan and the trust need not be promulgated by regulation or formal rulemaking and shall not be subject to the act of July 31, 1968 (P.L.769, No.240), referred to as the Commonwealth Documents Law. A reference in this part or other law to the plan shall include the plan document unless the context clearly indicates otherwise. Cross References. Section 5802 is referred to in section 5102 of this title.
71 Pa.C.S. § 5708.4 — PA Code / Title 71 / Chapter 57 / Section 5708.4
Special supplemental postretirement adjustment.
Status: in_force

(a) Eligibility.--An annuitant who:

(1) retired after February 28, 1974, and before January 1, 1985;

(2) has military service as set forth in section 5304(c)(1) or (2) (relating to creditable nonstate service);

(3) is receiving or will receive retirement pay under 10 U.S.C. Ch. 67 (relating to retired pay for nonregular service) for this military service; and

(4) has not purchased nonstate service credit for this military service; shall be eligible for this special supplemental postretirement adjustment.

(b) Calculation of adjustment.--The monthly amount of this special supplemental postretirement adjustment shall be equal to the final average salary multiplied by 2% multiplied by the years of this military service divided by 12 multiplied by any applicable early retirement or option factors.

(c) Adjustment paid.--Upon receipt of a timely request by an eligible annuitant, the system shall pay this special supplemental postretirement adjustment monthly from the effective date of this section.

(d) Adjustment enacted after death of annuitant.--No special supplemental postretirement adjustment enacted after the death of an annuitant shall be payable to the beneficiary or survivor annuitant of the deceased annuitant.

(e) Future supplemental annuities.--This special supplemental postretirement adjustment shall be included in the total annuity, and this military service shall be included in the total credited service in determining all future supplemental annuities.

(f) Time limitations.--An annuitant who is eligible for this special supplemental postretirement adjustment shall have two years from the effective date of this section within which to make a request to the system for the adjustment established in this section.

(g) Court-ordered purchase of nonstate service.--If a court of competent jurisdiction rules that an annuitant who is receiving or will receive retirement pay under 10 U.S.C. Ch. 67 for this military service is eligible under section 5304(c)(1) or (2) to purchase nonstate service credit for this military service, this special supplemental postretirement adjustment shall stop with the annuitant's purchase of nonstate service credit for this military service, and the total amount of this special supplemental postretirement adjustment paid to the annuitant from the effective date of this section shall be subtracted from any increase in the annuity caused by the court-ordered purchase of nonstate service credit for this military service. (Dec. 18, 1996, P.L.1115, No.167, eff. imd.) 1996 Amendment. Act 167 added section 5708.4. Section 3 of Act 167 provided that Act 167 shall be retroactive to January 1, 1974, only for the purpose of determining eligibility to receive special supplemental postretirement adjustments, and section 4 of Act 167 provided that no payments under section 5708.4 shall be made to any eligible annuitant for any period of time prior to the effective date of Act 167. Cross References. Section 5708.4 is referred to in sections 5507, 5508, 5708.5, 5708.6, 5708.7, 5708.8, 5938 of this title.
71 Pa.C.S. § 5503 — PA Code / Title 71 / Chapter 55 / Section 5503
Joint coverage member contributions.
Status: in_force

The regular member contributions for current service of a joint coverage member in any class shall be reduced by 40% of the tax on taxable wages prescribed by the Federal Insurance Contributions Act, IRC § 3101 et seq., exclusive of that portion of such tax attributable to coverage for hospital insurance benefits. (Dec. 20, 1995, P.L.689, No.77, eff. Jan. 1, 1996)

Cross References. Section 5503 is referred to in sections 5503.1, 5933 of this title.
71 Pa.C.S. § 3102 — PA Code / Title 71 / Chapter 31 / Section 3102
Oaths, testimony and production of papers.
Status: in_force

(a) Administration of oaths.--Each member of the commission, the director and any other employee or agent authorized by the commission shall have the power to administer oaths in matters pertaining to the work of the commission.

(b) Subpoenas.--The commission shall have the power to secure by subpoena the attendance and testimony of witnesses and the production of books and papers.

(c) Authority of court.--A judge of a court of record shall, upon proper application of the commission, compel the attendance of witnesses, the production of books and papers and the giving of testimony before the commission by attachment for contempt, or otherwise, in the same manner as the production of evidence may be compelled before the court.
71 Pa.C.S. § 5953.3 — PA Code / Title 71 / Chapter 59 / Section 5953.3
Irrevocable survivor annuitant.
Status: in_force

Notwithstanding any other provisions of this part, a domestic relations order pertaining to a member may provide for an irrevocable survivor annuitant. A domestic relations order requiring the designation of an irrevocable survivor annuitant shall be deemed to be one that requires a member to designate an alternate payee as a survivor annuitant and that prohibits the removal or change of that survivor annuitant without approval of a court of competent jurisdiction, except by operation of law. Such a domestic relations order may be certified as an approved domestic relations order by the secretary of the board, or his designated representative, in which case the irrevocable survivor annuitant so ordered by the court cannot be changed by the member without approval by the court. A person ineligible to be designated as a survivor annuitant may not be designated as an irrevocable survivor annuitant. (Apr. 29, 1994, P.L.159, No.29, eff. 60 days; June 12, 2017, P.L.11, No.5, eff. imd.) Cross References. Section 5953.3 is referred to in section 5812 of this title.
71 Pa.C.S. § 5955.1 — PA Code / Title 71 / Chapter 59 / Section 5955.1
Construction of part with respect to older workers protection.
Status: in_force

It is hereby found and declared that the provisions of this part constitute a bona fide retirement or pension plan within the meaning of the Age Discrimination in Employment Act of 1967 (Public Law 90-202, 29 U.S.C. § 621 et seq.) and the act of October 27, 1955 (P.L.744, No.222), known as the Pennsylvania Human Relations Act, and that the intent of section 5955 (relating to construction of part) as originally enacted and as subsequently amended is to require the pension rights of State employees to be determined solely by this part and any amendments thereto, regardless of any other provision of State law, subject only to such further requirements, exceptions or limitations as may be set forth in section 5955 or as may be imposed by reason of any provision of the Federal or State Constitution. Any provision of this part which is not inconsistent with the provisions of the Age Discrimination in Employment Act of 1967 as amended by the Older Workers Benefit Protection Act (Public Law 101-433, 104 Stat. 978) and the rules and regulations of the Federal Equal Employment Opportunity Commission under such Federal laws shall be deemed not inconsistent with such provisions of the Pennsylvania Human Relations Commission Act as relate to discrimination on the basis of age with respect to the terms, conditions or privileges of employment. (Apr. 29, 1994, P.L.159, No.29, eff. 60 days) 1994 Amendment. Act 29 added section 5955.1.
71 Pa.C.S. § 3201 — PA Code / Title 71 / Chapter 32 / Section 3201
Receiving money and allocating or apportioning costs.
Status: in_force

(a) Receipt.--The commission may receive money from the Federal Government or an agency of the Federal Government or from any other source for the administration of this part. The commission and the Secretary of the Budget shall allocate among the departments and agencies under this part the cost of administering this part.

(b) Transfer.--On the effective date of this section, the Secretary of the Budget shall, if necessary, transfer money to the Office of Administration in the amount necessary to support the transfer of duties.
71 Pa.C.S. § 2706 — PA Code / Title 71 / Chapter 27 / Section 2706
Removal and disqualification of officers and employees.
Status: in_force

(a) General rule.--Except as otherwise provided in section 2705 (relating to political activity), an individual holding a position in the classified service who intentionally violates the provisions of this chapter shall be immediately separated from the service.

(b) Duty of appointing authority.--The appointing authority of the State agency in which the offending individual is employed shall remove the individual at once in accordance with the provisions of this part.

(c) Ineligibility after removal.--An individual removed under this section shall be ineligible for reappointment to a position in the classified service for a period of time to be determined by the Office of Administration.
71 Pa.C.S. § 5705.1 — PA Code / Title 71 / Chapter 57 / Section 5705.1
Payment of accumulated deductions resulting from more than one class of service.
Status: in_force

Any superannuation or withdrawal annuitant who:

(1) has Class A-3, Class A-4, Class A-5 or Class A-6 service credit;

(2) has service credited in one or more classes of service; and

(3) because he has five or more, but fewer than ten, eligibility points is not eligible to receive an annuity on his Class A-3, Class A-4, Class A-5 or Class A-6 service shall receive in a lump sum at the time of his retirement, in addition to any other annuity or lump sum payment which he may elect, his accumulated deductions resulting from his Class A-3, Class A-4, Class A-5 or Class A-6 service credit. Payment of these accumulated deductions resulting from Class A-3, Class A-4, Class A-5 or Class A-6 service credit shall not be eligible for installment payments pursuant to section 5905.1 (relating to installment payments of accumulated deductions) but shall be considered a lump sum payment for purposes of section 5905.1(d). (Nov. 23, 2010, P.L.1269, No.120, eff. imd.; June 12, 2017, P.L.11, No.5, eff. imd.) Cross References. Section 5705.1 is referred to in sections 5302, 5905.1 of this title.
71 Pa.C.S. § 5708.2 — PA Code / Title 71 / Chapter 57 / Section 5708.2
Further additional supplemental annuities.
Status: in_force

(a) Benefits.--Commencing with the first monthly annuity payment after January 1, 1989, any eligible benefit recipient shall be entitled to receive a further additional monthly supplemental annuity from the system. This shall be in addition to the supplemental annuities provided for in sections 5708 (relating to supplemental annuities) and 5708.1 (relating to additional supplemental annuities).

(b) Amount of additional supplemental annuity.--The amount of the additional monthly supplemental annuity shall be the total of the following:

(1) Two dollars multiplied by the number of years of credited service.

(2) Fifty cents multiplied by the number of years on retirement.

(c) Payment.--The additional monthly supplemental annuity provided for in this section shall be paid automatically unless the intended recipient files a written notice with the system requesting that the additional monthly supplemental annuity not be paid.

(d) Conditions.--The additional supplemental annuity provided for in this section shall be payable under the same terms and conditions as provided under the option plan in effect as of December 31, 1988.

(e) Benefits paid to beneficiaries or survivors.--No supplemental annuity effective after the death of the member shall be payable to the beneficiary or survivor annuitant of the deceased member.

(f) Funding.--The actuary shall annually estimate the amount of Commonwealth appropriations for the next fiscal year needed to fund, over a period of ten years from July 1, 2002, the additional monthly supplemental annuity provided for in this section, which amounts shall be paid during the period beginning July 1, 2002, and ending June 30, 2010. For fiscal years

beginning on or after July 1, 2010, the additional liability provided in this section shall be funded as part of the actuarial accrued liability as provided in section 5508 (relating to actuarial cost method).

(g) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Eligible benefit recipient." A person who is receiving a superannuation, withdrawal or disability annuity and who commenced receipt of that annuity on or prior to July 1, 1987, but the supplemental annuities shall not be payable to an annuitant receiving a withdrawal annuity prior to the first day of July coincident with or following the annuitant's attainment of superannuation age.

"Years of credited service." The number of full years of service as a member to the credit of each benefit recipient, which years of service need not have been continuous.

"Years on retirement." The number of full years as of July 1, 1988, which have elapsed since the eligible benefit recipient commenced the receipt of an annuity and during which the eligible benefit recipient received an annuity. (Oct. 21, 1988, P.L.844, No.112, eff. Jan. 1, 1989; Aug. 5, 1991, P.L.183, No.23, eff. imd.; May 17, 2001, P.L.26, No.9, eff. July 1, 2002; Nov. 23, 2010, P.L.1269, No.120, eff. imd.) 2010 Amendment. Act 120 amended subsec. (f). 1988 Amendment. Act 112 added section 5708.2. Cross References. Section 5708.2 is referred to in sections 5507, 5508, 5708.3, 5708.5, 5708.6, 5708.7, 5708.8, 5938 of this title.
71 Pa.C.S. § 5308.2 — PA Code / Title 71 / Chapter 53 / Section 5308.2
Eligibility for limited early retirement.
Status: in_force

Notwithstanding any provisions of this title to the contrary, any eligible member who, during the period of time from July 1, 1998, through June 30, 1999:

(1) has credit for at least 30 eligibility points;

(2) terminates State service; and

(3) files an application for an annuity with an effective date of retirement not later than July 1, 1999, shall be entitled to receive a maximum single life annuity calculated pursuant to section 5702 (relating to maximum single life annuity) without any reduction by virtue of an effective date of retirement which is under the superannuation age. (Apr. 2, 1998, P.L.229, No.41, eff. imd.) 1998 Amendment. Act 41 added section 5308.2.
71 Pa.C.S. § 2205 — PA Code / Title 71 / Chapter 22 / Section 2205
Legislative representation for collective bargaining (Repealed).
Status: repealed

2019 Repeal. Section 2205 was repealed November 27, 2019, P.L.667, No.92, effective in 60 days.
71 Pa.C.S. § 5904 — PA Code / Title 71 / Chapter 59 / Section 5904
Duties of the board to report to the Public School Employees' Retirement Board.
Status: in_force

(a) Multiple service membership of State employees.--Upon receipt of an application for membership in the system of a State employee who is a former public school employee and who has elected multiple service membership, the board shall advise the Public School Employees' Retirement Board accordingly.

(b) Multiple service membership of school employees.--Upon receipt of notification from the Public School Employees' Retirement Board that a former State employee has become an active member in the Public School Employees' Retirement System and has elected to receive credit for multiple service, the board shall certify to the Public School Employees' Retirement Board and concurrently to the member:

(1) the total credited service in the system and the number of years and fractional part of a year of service credited in each class of service;

(2) the annual compensation received each calendar year by the member for credited State service;

(3) the social security integration credited service to which the member is entitled and the average noncovered salary upon which the single life annuity attributable to such service will be computed; and

(4) the amount of the deductions and the period over which they are to be made if the member has elected payroll deductions pursuant to section 5504 (relating to member

contributions for the purchase of credit for previous State service or to become a full coverage member) or 5505 (relating to contributions for the purchase of credit for creditable nonstate service).

(c) Applications for benefits for school employees.--Upon receipt of notification and the required data from the Public School Employees' Retirement Board that a former State employee who elected multiple service has applied for a public school employees' retirement benefit or, in the event of his death, his legally constituted representative has applied for such benefit, the board shall:

(1) certify to the Public School Employees' Retirement Board;

(i) the salary history as a member of the State Employees' Retirement System and the final average salary as calculated on the basis of the compensation received as a member of the system and as a member of the Public School Employees' Retirement System; and

(ii) the annuity or benefit to which the member or his beneficiary is entitled as modified according to the option selected; and

(2) transfer to the Public School Employees' Retirement Fund the total accumulated deductions standing to such member's credit and the actuarial reserve required on account of years of credited service in the State system, final average salary determined on the basis of his compensation as a member in both systems and the average noncovered salary to be charged to the State accumulation account, the State Police benefit account or the enforcement officers' benefit account, as each case may require.

(d) Election to convert school service to State service.--Upon receipt of an election by a former employee of the Department of Education to convert school service to State service pursuant to section 5303.2 (relating to election to convert school service to State service), the board shall certify the information necessary for the Public School Employees' Retirement System to transfer the funds and credit required to the board. (Oct. 7, 1975, P.L.348, No.101, eff. imd.; May 17, 2001, P.L.26, No.9, eff. July 1, 2001; Apr. 23, 2002, P.L.272, No.38, eff. imd.; June 12, 2017, P.L.11, No.5, eff. imd.) 2017 Amendment. Act 5 amended subsec. (c). 2002 Amendment. Act 38 added subsec. (d). 2001 Amendment. Act 9 amended subsec. (b).
71 Pa.C.S. § 4 — PA Code / Title 71 / Chapter 4 / Section 4
Applicability.
Status: in_force

The following shall apply:

(1) The amendment of 71 Pa.C.S. §§ 5803, 5804(c), 5806(c), 5809(a) and (b), 5812(2), 5814(b), 5815, 5902(c)(3) and 5953(a)(2)(ii):

(i) shall not be construed to mean that a method of funding or paying the administrative fees, costs and expenses of the State Employees' Defined Contribution Plan was not in accordance with the provisions of 71 Pa.C.S. Pt. XXV, other applicable law or any trust or plan document established under 71 Pa.C.S. Pt. XXV prior to the effective date of this section; and

(ii) in relation to the requirements for providing for the funding or payment of the administrative fees, costs and expenses of the State Employees' Defined Contribution Plan, any construction of 71 Pa.C.S. Pt. XXV as amended by the amendment of sections 5803, 5804(c), 5806(c), 5809(a) and (b), 5812(2), 5814(b), 5815, 5902(c)(3), 5953(a)(2)(ii) or any rule, regulation, trust or plan document adopted or established under 71 Pa.C.S. Pt. XXV, shall not create in any participant of the State Employees' Defined Contribution Plan or in any other person claiming an interest in the account of any

participant a contractual right, either express or implied, in method or amount of funding or payment of the fees, costs and expenses of the State Employees' Defined Contribution Plan.

(2) The amendment of 71 Pa.C.S. § 5809(b)(3) shall only apply to forfeitures after June 30, 2020.

(3) The addition of 71 Pa.C.S. § 5902(r) shall apply beginning with the first period of July 1 through June 30 that commences after the effective date of this section. Explanatory Note. Act 94 amended sections 5803, 5804, 5806, 5809, 5812, 5814, 5815, 5902 and 5953 of Title 71.
71 Pa.C.S. § 5104 — PA Code / Title 71 / Chapter 51 / Section 5104
Reference to State Employees' Retirement System.
Status: in_force

(a) Construction.--As of the effective date of this section, unless the context clearly indicates otherwise, any reference to the State Employees' Retirement System in a statutory provision other than this part and 24 Pa.C.S. Pt. IV (relating to retirement for school employees) shall include a reference to the State Employees' Defined Contribution Plan, and any reference to the State Employees' Retirement Fund shall include a reference to the State Employees' Defined Contribution Trust.

(b) Agreement.--The agreement of an employer listed in the definition of "State employee" or any other law to make contributions to the fund or to enroll its employees as members in the system shall be deemed to be an agreement to make contributions to the trust or to enroll its employees in the plan. An employer may not agree or elect to make contributions to the trust or to enroll its employees in the plan without also agreeing or electing to make contributions to the fund or to enroll its employees as members in the system. (June 12, 2017, P.L.11, No.5, eff. imd.) 2017 Amendment. Act 5 added section 5104.
71 Pa.C.S. § 2301 — PA Code / Title 71 / Chapter 23 / Section 2301
Examinations requisite for appointment and promotion.
Status: in_force

(a) General rule.--Except as otherwise provided in this chapter, the appointment of an individual entering the classified service or promoted in the classified service shall

be from an eligible list established as the result of examinations given by the Office of Administration to determine the relative merit of candidates. Examinations may be written and shall be competitive and open to each individual who may be lawfully appointed to the position within the class for which the examinations are held. An individual in an unskilled position shall enter the classified service by promotion without examination in accordance with the following:

(1) The individual shall enter the classified service if:

(i) The promotion is into a classified position immediately above the individual's own position.

(ii) The promotion is based on seniority and meritorious service.

(iii) The individual meets the minimum requirements for that position.

(iv) The individual satisfactorily completes a six-month probationary period in the classified position.

(2) If no individuals in the unskilled positions meet the requirements under paragraph (1), the vacant position may be filled under this chapter.

(b) Requirements.--The following apply:

(1) An individual applying for a position or promotion in the classified service shall be a resident of this Commonwealth or former resident of this Commonwealth who meets the requirements of this subsection and, if applicable, of the district.

(2) A former resident of this Commonwealth shall be eligible if the individual:

(i) relocated out of State for academic or employment purposes;

(ii) plans to establish Commonwealth residency within six months of beginning employment in the classified service; and

(iii) has done one of the following:

(A) Graduated from a public, private or nonpublic secondary school in this Commonwealth or satisfied the requirements of sections 1327 and 1327.1 of the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, within five years of applying for a position in the classified service.

(B) Satisfied the requirements of sections 1327 and 1327.1 of the Public School Code of 1949 or attended a public, private or nonpublic school in the Commonwealth at least 80% of the time while enrolled in grades one through twelve and attended the school within five years of applying for a position in the classified service.

(C) Graduated or attended a public, private or nonpublic secondary school in the Commonwealth or satisfied the requirements of sections 1327 and 1327.1 of the Public School Code of 1949 and graduated from a postsecondary institution in the Commonwealth within five years of applying for a position in the classified service.

(3) Notwithstanding any other provision of this chapter, if an appointing authority finds a lack of qualified individuals available for appointment to a particular class or classes of positions, the appointing authority may present evidence of the lack of qualified personnel to the Office

of Administration, which may waive the residence requirements for the class or classes of positions.

(c) Eligible lists.--The Office of Administration shall prepare the proper State and district eligible lists. If, after an examination has been conducted for a class of positions, there is no individual with legal residence in a district remaining on the register, the Office of Administration shall certify and the appointing authority may make the appointment or promotion from the names of individuals on an appropriate eligible list for the same class of positions of other districts. Qualifications as permitted by law may be specified in the regulations and in the announcements of the examinations. All applications for positions in the classified service shall be subject to the penalties of 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities).

(d) Limitation of competition.--The Office of Administration may limit competition in promotion examinations to employees in the classified service who have completed a probationary period in a class or classes designated in the public notice of the examinations and may permit promotions to be accomplished by any one of the following plans:

(1) Appointment from open competitive lists.

(2) Achieving a place on an eligible list after a promotional examination given at the request of the appointing authority.

(3) Promotion based upon meritorious service and seniority to be accomplished by appointment without examination if the individual has completed the probationary period in the next lower position and meets the minimum requirements for the higher position.

(e) Preference.--To the extent permitted by law, when all applicants for appointment and promotion to a position in the classified service are equally qualified, preference shall be shown to applicants who are United States citizens over those who are not United States citizens.
71 Pa.C.S. § 5808 — PA Code / Title 71 / Chapter 58 / Section 5808
Death benefits.
Status: in_force

(a) General rule.--In the event of the death of an active participant or inactive participant, the board shall pay to the participant's beneficiary the vested balance in the participant's individual investment account in a lump sum or in such other manner as the board may establish in the plan document.

(b) Death of participant receiving distributions.--In the event of the death of a participant receiving distributions, the board shall pay to the participant's beneficiary the vested balance in the participant's individual investment account in a lump sum or in such other manner as the board may establish in the plan document or, if the board has established alternative methods of distribution in the plan document under which the participant was receiving distributions, to the participant's beneficiary or successor payee, as the case may be, as provided in the plan document.

(c) Contracts.--The board shall contract with financial institutions, insurance companies or other types of third-party providers to allow a participant, beneficiary or successor payee who receives a lump sum distribution to receive payments and death benefits in a form and manner as provided by the contract. To the extent commercially available, any annuity option shall include an interest rate of at least 2.5% compounded annually. Cross References. Section 5808 is referred to in sections 5807, 5907 of this title.
71 Pa.C.S. § 409 — PA Code / Title 71 / Chapter 4 / Section 409
Authority of Governor's Office of General Counsel.
Status: in_force

Notwithstanding the amendment of 24 Pa.C.S. § 8501(e) and 71 Pa.C.S. § 5901(e), the Governor's Office of General Counsel shall continue to provide legal counsel and legal services to the Public School Employees' Retirement Board and the State Employees' Retirement Board until such time as each board appoints a chief counsel and such other counsel as it deems necessary to provide it with legal services and through its secretary gives such notice to the General Counsel.
71 Pa.C.S. § 5936 — PA Code / Title 71 / Chapter 59 / Section 5936
State Police benefit account.
Status: in_force

(a) Credits and charges to account.--The State Police benefit account shall be the ledger account to which shall be credited all contributions received under the provisions of the act of May 12, 1943 (P.L.259, No.120), referred to as the Foreign Casualty Insurance Premium Tax Allocation Law, and any additional Commonwealth or other employer contributions provided

for in section 5507 (relating to contributions to the system by the Commonwealth and other employers) which are creditable to the State Police benefit account. The State Police benefit account shall be credited with the required interest. In addition, upon the filing of an application for an annuity by a member who is an officer of the Pennsylvania State Police, the total accumulated deductions standing to the credit of the member in the members' savings account and the necessary reserves from the State accumulation account shall be transferred to the State Police benefit account. Thereafter, the total annuity of such annuitant shall be charged to the State Police benefit account and paid from the fund.

(b) Transfers from account.--Should the said annuitant be subsequently restored to active service as a member of the system or as a participant in the plan, the present value of the member's annuity at the time of reentry into State service shall be transferred from the State Police benefit account and placed to his individual credit in the members' savings account. In addition, the actuarial reserve for his annuity, calculated as if he had been a member of Class A if he has Class A or Class C service credited, less the amount transferred to the members' savings account shall be transferred from the State Police benefit account to the State accumulation account. Upon subsequent retirement other than as an officer of the Pennsylvania State Police the actuarial reserve remaining in the State Police benefit account shall be transferred to the appropriate reserve account. (Nov. 23, 2010, P.L.1269, No.120, eff. imd.; June 12, 2017, P.L.11, No.5, eff. imd.) Cross References. Section 5936 is referred to in sections 5932, 5933, 5934 of this title.
71 Pa.C.S. § 36 — PA Code / Title 71 / Chapter 36 / Section 36
Severability.
Status: in_force

Severability of this act shall be as follows:

(1) Except as set forth in paragraph (2), if any provision of this act or its application to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this act which can be given effect without the invalid provision or application.

(2) If any of the following provisions of this act is held invalid, independent of its application to any person or circumstance, all of the following provisions of this act are void: * * *

(iii) Except insofar as relates to section 415(b) of the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 1 et seq.), the amendment of the definitions of "active member," "class of service multiplier," "credited service" and "inactive member" in 71 Pa.C.S.
71 Pa.C.S. § 2204 — PA Code / Title 71 / Chapter 22 / Section 2204
Federal standards.
Status: in_force

(a) Duty.--Notwithstanding any other provision of this part, the Commonwealth and its political subdivisions shall take action with respect to matters involving personnel administration as necessary to ensure the continued eligibility of the Commonwealth and its political subdivisions for Federal grants-in-aid.

(b) Prohibition.--Notwithstanding any other provision of this part, a State program which is required to have the State program's positions under a merit system because of the receipt of Federal grants-in-aid may not have more positions in the unclassified service than are allowed by Federal merit system standards.
71 Pa.C.S. § 5708.6 — PA Code / Title 71 / Chapter 57 / Section 5708.6
Supplemental annuities commencing 2002.
Status: in_force

(a) Benefits.--Commencing with the first monthly annuity payment after July 1, 2002, any eligible benefit recipient shall be entitled to receive an additional monthly supplemental annuity from the system. This shall be in addition to the

supplemental annuities provided for in sections 5708 (relating to supplemental annuities), 5708.1 (relating to additional supplemental annuities), 5708.2 (relating to further additional supplemental annuities), 5708.3 (relating to supplemental annuities commencing 1994), 5708.5 (relating to supplemental annuities commencing 1998) and the special supplemental postretirement adjustment provided for in section 5708.4 (relating to special supplemental postretirement adjustment).

(b) Amount of supplemental annuity.--The amount of the supplemental annuity payable pursuant to this section shall be a percentage of the amount of the monthly annuity payment on July 1, 2002, determined on the basis of the most recent effective date of retirement, as follows: Most recent effective date Percentage factor of retirement July 2, 1988, through July 1, 1990 8.0% July 2, 1983, through July 1, 1988 10.0% July 2, 1980, through July 1, 1983 15.0% Prior to July 2, 1980 25.0%

(c) Payment.--The supplemental annuity provided under this section shall be paid automatically unless the annuitant files a written notice with the board requesting that the additional monthly supplemental annuity not be paid.

(d) Conditions.--The supplemental annuity provided under this section shall be payable under the same terms and conditions as provided under the option plan in effect as of July 1, 2002.

(e) Benefits to beneficiaries or survivors.--No supplemental annuity provided under this section shall be payable to the beneficiary or survivor annuitant of a member who dies before July 1, 2002.

(f) Funding.--For the period beginning July 1, 2003, and ending June 30, 2010, the additional liability for the increase in benefits provided in this section shall be funded in equal dollar annual installments over a period of ten years beginning July 1, 2003. For fiscal years beginning on or after July 1, 2010, the additional liability for the increase in benefits provided in this section shall be funded as part of the actuarial accrued liability as provided in section 5508 (relating to actuarial cost method).

(g) Eligible benefit recipient.--As used in this section, the term "eligible benefit recipient" means a person who is receiving a superannuation, withdrawal or disability annuity on July 1, 2002, and whose most recent effective date of retirement is prior to July 2, 1990, but the supplemental annuities provided under this section shall not be payable to an annuitant receiving a superannuation or withdrawal annuity prior to the first day of July coincident with or following the annuitant's attainment of superannuation age. (Apr. 23, 2002, P.L.272, No.38, eff. imd.; Nov. 23, 2010, P.L.1269, No.120, eff. imd.) 2010 Amendment. Act 120 amended subsec. (f). 2002 Amendment. Act 38 added section 5708.6. Cross References. Section 5708.6 is referred to in sections 5507, 5508, 5938 of this title.
71 Pa.C.S. § 16 — PA Code / Title 71 / Chapter 16 / Section 16
Restoration of service credits or retirement benefits.
Status: in_force

Nothing in this act shall be deemed to permit the restoration of service credit or retirement benefits which were or are subject to section 16 of Article V of the Constitution of Pennsylvania or 42 Pa.C.S. § 3352 or the subject of an order of forfeiture pursuant to the act of July 8, 1978 (P.L.752, No.140), known as the Public Employee Pension Forfeiture Act.
71 Pa.C.S. § 3302 — PA Code / Title 71 / Chapter 33 / Section 3302
Status of certain employees.
Status: in_force

An individual occupying a position in the classified service which, on the day preceding the effective date of this section, was under a type of merit system, including a merit system by virtue of the Civil Service Act, shall be accorded the status the individual held on that date. Nothing in this part shall be construed to remove from the classified service any position which was in the classified service in the service of this Commonwealth immediately prior to the effective date of this section.
71 Pa.C.S. § 5810 — PA Code / Title 71 / Chapter 58 / Section 5810
Termination of distributions.
Status: in_force

(a) Return to State service.--

(1) A participant receiving distributions or an inactive participant who returns to State service shall cease receiving distributions and shall not be eligible to receive distributions until the participant subsequently terminates State service, without regard to whether the participant is a mandatory, optional or prohibited member of the system or participant in the plan.

(2) This subsection shall not apply to distributions that the participant has received or used to purchase an annuity from a provider contracted by the board.

(b) Return of benefits paid during USERRA leave.--

(1) If a former State employee is reemployed from USERRA leave and received any distributions from the plan during the USERRA leave, the employee shall return to the board the amount so received plus interest as provided in the plan document.

(2) The amount payable shall be certified in each case by the board in accordance with methods approved by the actuary and shall be paid in a lump sum within 30 days or in the case of an active participant may be amortized with interest as provided in the plan document through salary deductions to the trust in amounts agreed upon by the active participant and the board, but for not longer than a period that starts with the date of reemployment and continues for up to three times the length of the active participant's immediate past period of USERRA leave. The repayment period shall not exceed five years.
71 Pa.C.S. § 5503.1 — PA Code / Title 71 / Chapter 55 / Section 5503.1
Pickup contributions.
Status: in_force

(a) Treatment for purposes of IRC § 414(h).--All contributions to the fund required to be made under sections 5501 (relating to regular member contributions for current service), 5501.1 (relating to shared-risk member contributions and shared-gain adjustments to regular member contributions), 5502 (relating to Social Security integration member contributions), 5503 (relating to joint coverage member contributions) and 5505.1 (relating to additional member contributions), with respect to current State service rendered by an active member on or after January 1, 1982, shall be picked up by the Commonwealth or other employer and shall be treated as the employer's contribution for purposes of IRC § 414(h).

(b) Treatment for other purposes.--For all other purposes, under this part and otherwise, such pickup contributions shall be treated as contributions made by a member in the same manner and to the same extent as contributions made by a member prior to January 1, 1982. (Dec. 14, 1982, P.L.1249, No.284, eff. imd.; July 22, 1983, P.L.104, No.31, eff. imd.; Dec. 20, 1995, P.L.689, No.77, eff. imd.; Nov. 23, 2010, P.L.1269, No.120, eff. imd.; June 12, 2017, P.L.11, No.5, eff. imd.) 2017 Amendment. Act 5 amended subsec. (a). 1995 Amendment. Section 15(6) of Act 77 provided that the amendment shall be retroactive to January 1, 1982, but shall be deemed a clarifying amendment and declaratory of original intent. 1983 Amendment. See section 10 of Act 31 in the appendix to this title for special provisions relating to waiver of actuarial note requirement for retirement bills. 1982 Amendment. See sections 2, 3 and 4 of Act 284 in the appendix to this title for special provisions relating to required contributions by head of department, nonseverability and retroactivity.
71 Pa.C.S. § 5102 — PA Code / Title 71 / Chapter 51 / Section 5102
Section 5102
Status: in_force

(iv) Except insofar as relates to section 415(b) of the Internal Revenue Code of 1986, the amendment of 71 Pa.C.S. §§ 5302, 5305, 5501 and 5502.

(v) The amendment or addition of 71 Pa.C.S. §§ 5303; 5306 except for subsection (a.1)(7)(ii); 5306.1; 5306.2;

5502.1; 5507; 5508; 5702(c); 5706(c)(2)(i); 5707(f); 5708.1; 5708.2; 5708.3; 5708.5; 5937; and 5938.
71 Pa.C.S. § 24 — PA Code / Title 71 / Chapter 24 / Section 24
References to Internal Revenue Code of 1986.
Status: in_force

References in this act to provisions of the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 1 et seq.), including for this purpose administrative regulations promulgated thereunder, are intended to include such laws and regulations as are in effect on the effective date of this section and as they may be amended or supplemented or supplanted by successor provisions after the effective date of this section. Explanatory Note. Act 93 amended or added sections 8102, 8103, 8103.1, 8302, 8304, 8307, 8308, 8310, 8321, 8322.1, 8341, 8342, 8344, 8345, 8346, 8347, 8349, 8503, 8505, 8506 and 8507 of Title 24 and sections 5102, 5302, 5304, 5305, 5308, 5309, 5309.1, 5311, 5501, 5502, 5502.1, 5504, 5505, 5506, 5701, 5702, 5704, 5705, 5706, 5707, 5709, 5903, 5905, 5906, 5907, 5953 and 5955.2 of Title 71.
71 Pa.C.S. § 2902 — PA Code / Title 71 / Chapter 29 / Section 2902
Receiving money and allocating or apportioning costs.
Status: in_force

The Office of Administration shall have the authority to receive money from the Federal Government, an agency of the Federal Government or any other source for the administration of this part. The Office of Administration and the Secretary of the Budget shall have the power to allocate among the departments and agencies the cost of administering this part.
71 Pa.C.S. § 2502 — PA Code / Title 71 / Chapter 25 / Section 2502
Transfers and reassignments.
Status: in_force

(a) Transfers.--The transfer of a classified service employee from a position under the jurisdiction of one appointing authority to a position in the same class under the jurisdiction of another appointing authority may be made with the approval of the Office of Administration and both appointing authorities.

(b) Reassignments.--An appointing authority may reassign a classified service employee under the appointing authority's jurisdiction from one position to another in the same class or in a similar class at the same pay range for which the employee qualifies.

(c) Manner of transfers and reassignments.--Transfers and reassignments shall be accomplished in a manner prescribed by the Office of Administration.

(d) Promotion.--A transfer or reassignment of an employee from a position in one class to a position in a class for which a higher maximum salary is prescribed shall be deemed a promotion and may be accomplished only in the manner provided for in this part.

(e) Appointment after certification.--No individual may be transferred or reassigned from a position in the unclassified service to a position in the classified service unless appointed to the classified service position after certification of the individual's name from an eligible list in accordance with the provisions of this part.
71 Pa.C.S. § 414 — PA Code / Title 71 / Chapter 4 / Section 414
Member statements.
Status: in_force

Notwithstanding the provisions of 71 Pa.C.S. § 5903(b), the statement for each member prepared by the State Employees' Retirement Board for the periods ending December 31, 2017, December 31, 2018, and December 31, 2019, and any other statements or estimates of benefits prepared by the board pursuant to the State Employees' Retirement Code from the effective date of this section to December 31, 2019, need not reflect the provisions of this act and in the case of the statements for each member for the periods ending on or before December 31, 2019, need not include a projection of the benefit to which the member is entitled upon attainment of superannuation age.
71 Pa.C.S. § 5307 — PA Code / Title 71 / Chapter 53 / Section 5307
Eligibility points.
Status: in_force

(a) General rule.--An active member of the system shall accrue one eligibility point for each year of credited service as a member of the system and if a multiple service member as a member of the Public School Employees' Retirement System. A member shall accrue an additional two-thirds of an eligibility point for each year of Class D-3 credited service. In the case of a fractional part of a year of credited service, a member shall accrue the corresponding fractional portion of eligibility points to which the class of service entitles him. A State employee who is performing State service solely as a participant in the plan shall accrue eligibility points at the same rate

and manner as if the State employee was performing State service credited as a member of Class A-5. No eligibility points shall accrue in the system or the plan for service as a school employee credited as Class DC service in the Public School Employees' Retirement System.

(a.1) USERRA leave.--A member of the system or participant in the plan who is reemployed from USERRA leave or who dies while performing USERRA leave shall be granted the eligibility points that he would have accrued had he continued in his State office or employment instead of performing USERRA leave. In the event that a State employee who is reemployed from USERRA leave makes the member contributions or mandatory pickup participant contributions to be granted State service credit for the USERRA leave, no additional eligibility points will be granted.

(b) Transitional rule.--

(1) In determining whether a member who is not a State employee or school employee on June 30, 2001, and July 1, 2001, and who has previous State service (except a disability annuitant who returns to State service after June 30, 2001, upon termination of the disability annuity) has the five eligibility points required by sections 5102 (relating to definitions), 5308(b) (relating to eligibility for annuities), 5309 (relating to eligibility for vesting), 5704(b) (relating to disability annuities) and 5705(a) (relating to member's options), only eligibility points earned by performing credited State service, USERRA leave or credited school service as an active member of the Public School Employees' Retirement System after June 30, 2001, shall be counted until such member earns one eligibility point by performing credited State service or, if a multiple service member, credited school service as an active member of the Public School Employees' Retirement System after June 30, 2001, at which time all eligibility points as determined pursuant to subsection (a) shall be counted.

(2) Any member to whom paragraph (1) applies shall be considered to have satisfied any requirement for five eligibility points contained in this part if the member:

(i) has ten or more eligibility points as determined pursuant to subsection (a); or

(ii) has Class G, Class H, Class I, Class J, Class L, Class M or Class N service and has eight or more eligibility points as determined pursuant to subsection

(a).

(c) Application of eligibility points.--Eligibility points accrued for service as either a member of the system or a participant in the plan may be used to determine the eligibility for benefits from either the system or the plan unless the provision is restricted to eligibility points accrued from specific types of State service. Eligibility points accrued from service as an active member of the Public School Employees' Retirement System shall apply only if a State employee has elected multiple service. Eligibility points accrued by a State employee for service solely as a participant in the plan for which he received a total distribution of accumulated total defined contributions shall not apply when determining eligibility for benefits from the system or the plan resulting from any State service subsequently credited in the system or performed after the total distribution. (May 17, 2001, P.L.26, No.9, eff. July 1, 2001; Oct. 24, 2012, P.L.1436, No.181, eff. Dec. 31, 2012; June 12, 2017, P.L.11, No.5, eff. imd.)

Cross References. Section 5307 is referred to in sections 5303, 5809 of this title.
71 Pa.C.S. § 2405 — PA Code / Title 71 / Chapter 24 / Section 2405
Provisional appointments.
Status: in_force

(a) Accelerated examination program.--The Office of Administration may authorize an accelerated examination program for the position to be filled if:

(1) there is a great and urgent public need to fill a vacancy in a position in the classified service;

(2) the Office of Administration is unable to certify an eligible for the vacancy from an eligible list or arrange for a reassignment, transfer, promotion or other means of filling the vacancy with a qualified employee; and

(3) there is no regular examination immediately available.

(b) Elements of program.--The accelerated examination program shall include:

(1) Abbreviated, localized advertising for the position to ensure open competition.

(2) Rapid processing and evaluation of the qualifications of applicants, ranking the applicants as well qualified, qualified and not qualified.

(3) Certification of applicants determined to be well qualified and qualified for the position.

(c) Appointment.--The appointing authority shall appoint applicants determined to be well qualified. If insufficient well-qualified applicants are available, the appointment shall be made from the qualified group.

(d) Test period.--The appointee shall serve a six-month working test period upon successful completion of which the appointee shall be granted probationary status. Failure to successfully complete the working test period shall result in termination.

(e) Successive appointments prohibited.--Successive provisional appointments of the same individual may not be made to the same position or classification.

(f) Rights of provisional status.--The acceptance of a provisional appointment shall not confer upon the appointee rights of promotion, reinstatement or reassignment to another classification while in provisional status.
71 Pa.C.S. § 3301 — PA Code / Title 71 / Chapter 33 / Section 3301
Transfer of records.
Status: in_force

(a) Transfer.--The following, which are in effect on the effective date of this section, shall be transferred from the commission to the Office of Administration on the effective date of this section:

(1) Each eligible list previously established or certified.

(2) All books, records and documents in paper and electronic form and format.

(3) All supplies, materials, equipment and computer hardware and software relating to or used in connection with a merit system in the service of the Commonwealth.

(b) Eligible list.--

(1) Each eligible list shall be used for appointments by the Office of Administration in the same manner as provided in this part until examinations have been selected or conducted by the Office of Administration and new eligible lists have been prepared.

(2) Individuals whose names remain on an existing eligible list shall be retained on the eligible list for at least 180 days from the date the eligible list was established until the eligible list is replaced by a more recently prepared eligible list.

(3) If applications have been filed for examinations or examinations have been held, but no eligible list established in connection with a merit system in the service of the Commonwealth is in effect on the effective date of this section, the applications and examinations transferred to the Office of Administration shall have the same force and effect as if the applications had been filed or the examinations had been held by the Office of Administration. Special Provisions in Appendix. Act 71 of 2018 added section 3301, effective immediately. See section 3 of Act 71 of 2018 in the appendix to this title for special provisions relating to continuation of prior law and applicability.
71 Pa.C.S. § 5505.1 — PA Code / Title 71 / Chapter 55 / Section 5505.1
Additional member contributions.
Status: in_force

In addition to regular or joint coverage member contributions and social security integration contributions, contributions shall be made on behalf of each active member, regardless of class of service, at the rate of 1 1/4% of compensation until such time as the actuary certifies that all accrued liability contributions have been completed in accordance with the actuarial cost method provided in section 5508(b) (relating to actuarial cost method). (July 22, 1983, P.L.104, No.31, eff. imd.) 1983 Amendment. Act 31 added section 5505.1. See section 10 of Act 31 in the appendix to this title for special provisions relating to waiver of actuarial note requirement for retirement bills. Cross References. Section 5505.1 is referred to in sections 5302, 5303, 5503.1, 5933 of this title.
71 Pa.C.S. § 2501 — PA Code / Title 71 / Chapter 25 / Section 2501
Performance ratings.
Status: in_force

(a) Evaluations.--Performance evaluations shall be considered for purposes prescribed by the Office of Administration.

(b) Frequency of evaluations.--Agencies shall evaluate the performance of agency employees during the employees' probationary periods and at least once a year thereafter.

(c) Forms and procedure.--Performance evaluation forms and procedures shall be reviewed and approved by the Office of Administration prior to utilization.
71 Pa.C.S. § 408 — PA Code / Title 71 / Chapter 4 / Section 408
Restoration of service credit or retirement benefits.
Status: in_force

Nothing in this act shall be deemed to permit the restoration of service credit or retirement benefits that:

(1) were or are subject to section 16 of Article V of the Constitution of Pennsylvania or 42 Pa.C.S. § 3352; or

(2) were or are the subject of an order of forfeiture under the act of July 8, 1978 (P.L.752, No.140), known as the Public Employee Pension Forfeiture Act.
71 Pa.C.S. § 404 — PA Code / Title 71 / Chapter 4 / Section 404
Accrued liability funding.
Status: in_force

The following shall apply:

(1) Notwithstanding any other provision of law:

(i) A change in accrued liability of the State Employees' Retirement System created under this act shall be funded in equal dollar installments over a period of 30 years beginning July 1, 2019.

(ii) A change in accrued liability of the State Employees' Retirement System created under this act by the amendment of 71 Pa.C.S. § 5508(b) shall be funded in equal dollar installments over a period of 30 years beginning July 1, 2022.

(2) (Reserved).
71 Pa.C.S. § 3001 — PA Code / Title 71 / Chapter 30 / Section 3001
State Civil Service Commission.
Status: in_force

(a) Organization of commission.--The commission shall consist of three full-time members, not more than two of whom shall be of the same political affiliation, appointed by the Governor with the advice and consent of a majority of the members elected to the Senate.

(b) Term.--Each appointment shall be for a term of six years. The members of the commission shall hold no other public position to which a salary is attached.

(c) Chair.--The Governor shall designate one of the members of the commission as chair.

(d) Prohibitions.--Commission members shall not hold an office or position if the duties of the office or position are incompatible with the member's official duties.

(e) Veteran requirement.--At least one member of the commission shall be a veteran.

(f) Salary.--The chair of the commission shall receive an annual salary of $89,000. Every other commissioner shall receive an annual salary of $85,000.

(g) Increases and expenses.--The commissioners shall receive annual cost-of-living increases under section 3(e) of the act of September 30, 1983 (P.L.160, No.39), known as the Public Official Compensation Law. Each commissioner shall be entitled to receive actual traveling expenses.

(h) Eligibility.--The following shall apply:

(1) An individual appointed as a member of the commission shall be:

(i) A citizen and legal resident of this Commonwealth for a period of not less than one year.

(ii) Familiar with modern personnel methods and the application of merit principles to public employment.

(2) An individual who does any of the following shall not be eligible to serve as a commissioner:

(i) holds or campaigns for any other public office;

(ii) holds office in a political party or political committee;

(iii) actively participates in or contributes to a political campaign;

(iv) directly or indirectly attempts to influence a decision by a governmental body other than a court of law or as a representative of the commission on a matter within the jurisdiction of the commission; or

(v) is employed by the Commonwealth or a political subdivision in any other capacity whether or not for compensation.

(3) The Governor may remove a member of the commission for incompetence, inefficiency, neglect of duty, malfeasance or misfeasance in office by giving the member a statement in writing of the charges against the member and affording the member, after notice of not less than 10 days, an opportunity to make a written answer and, upon request, to be publicly heard in person and by counsel. A copy of the charges and answer of the Governor's findings and a transcript of the record shall be filed with the director.
71 Pa.C.S. § 5905.1 — PA Code / Title 71 / Chapter 59 / Section 5905.1
Installment payments of accumulated deductions.
Status: in_force

(a) General rule.--Notwithstanding any other provision of this part, whenever a member elects to withdraw his total accumulated deductions pursuant to section 5311(a) (relating to eligibility for refunds) or 5701 (relating to return of total accumulated deductions) or elects to receive a portion of his benefit payable as a lump sum pursuant to section 5705(a)(4)(iii) or (a.1) (relating to member's options), the member may elect to receive the amount in not more than four installments.

(b) Payment of first installment.--The payment of the first installment shall be made in the amount and within seven days of the date specified by the member, except as follows:

(1) Upon receipt of a member's application to withdraw his total accumulated deductions as provided in section 5311(a) or 5701 and upon receipt of all required data from the head of the department and, if the member has Class G, Class H, Class I, Class J, Class K, Class L, Class M or Class N service, any data required from the county retirement system or pension plan to which the member was a contributor before being transferred to State employment, the board shall not be required to pay the first installment prior to 45 days after the filing of the application and the receipt of the data or the date of termination of service, whichever is later.

(2) In the case of an election as provided in section 5705(a)(4)(iii) or (a.1) by a member terminating service within 60 days prior to the end of a calendar year and upon receipt of all required data from the head of the department and, if the member has Class G, Class H, Class I, Class J, Class K, Class L, Class M or Class N service, any data required from the county retirement system or pension plan to which the member was a contributor before being transferred to State employment, the board shall not be required to pay the first installment prior to 21 days after the later of the filing of the application and the receipt of the data or the date of termination of service, but, unless otherwise directed by the member, the payment shall be made no later than 45 days after the filing of the

application and the receipt of the data or the date of termination of service, whichever is later.

(3) In the case of an election as provided in section 5705(a)(4)(iii) or (a.1) by a member who is not terminating service within 60 days prior to the end of a calendar year and upon receipt of all required data from the head of the department and, if the member has Class G, Class H, Class I, Class J, Class K, Class L, Class M or Class N service, any data required from the county retirement system or pension plan to which the member was a contributor before being transferred to State employment, the board shall not be required to pay the first installment prior to 45 days after the filing of the application and the receipt of the data or the date of termination of service, whichever is later.

(c) Payment of subsequent installments.--The payment of subsequent installments shall be made at the time annuity checks are payable for the month and year specified by the member.

(d) Statutory interest.--Any lump sum, including a lump sum payable pursuant to section 5705.1 (relating to payment of accumulated deductions resulting from more than one class of service), or installment payable shall include statutory interest credited to the date of payment, except in the case of a member, other than a vestee or special vestee, who has not filed his application prior to 90 days following his termination of service. (June 13, 1985, P.L.40, No.19, eff. 180 days; June 25, 1997, P.L.369, No.41, eff. imd.; June 22, 1999, P.L.75, No.12, eff. imd.; Nov. 23, 2010, P.L.1269, No.120, eff. imd.; June 12, 2017, P.L.11, No.5, eff. imd.) 2017 Amendment. Act 5 amended subsecs. (a), (b) and (d). 1997 Amendment. See section 6 of Act 41 in the appendix to this title for special provisions relating to limitation of special vestee status. 1985 Amendment. Act 19 added section 5905.1. Cross References. Section 5905.1 is referred to in section 5705.1 of this title.
71 Pa.C.S. § 5814 — PA Code / Title 71 / Chapter 58 / Section 5814
Investments based on participant's investment allocation choices.
Status: in_force

(a) Investment by participant.--All contributions, interest and investment earnings shall be invested based on a participant's investment allocation choices, provided that the board may provide for a default investment option. All investment allocation choices shall be credited proportionally between participant contributions and employer defined contributions. Each participant shall be credited individually with the amount of contributions, interest and investment earnings.

(b) Investment of contributions made by entities other than the Commonwealth.--Investment of contributions by any corporation, institution, insurance company, custodial bank or other entity that the board has approved shall not be unreasonably delayed, and in no case may the investment of contributions be delayed more than 30 days from the date of payroll deduction or the date voluntary contributions are made to the date that funds are invested. Any interest earned on the funds pending investment shall be used to pay administrative fees, costs and expenses of the plan. (Oct. 29, 2020, P.L.775, No.94, eff. imd.) 2020 Amendment. Act 94 amended subsec. (b). See section 4 of Act 94 in the appendix to this title for special provisions relating to applicability. Cross References. Section 5814 is referred to in sections 5815, 5902 of this title.
71 Pa.C.S. § 5937 — PA Code / Title 71 / Chapter 59 / Section 5937
Enforcement officers' benefit account.
Status: in_force

(a) Credits and charges to account.--The enforcement officers' benefit account shall be the ledger account to which shall be credited moneys transferred from the enforcement officers' retirement account in the State Stores Fund according to the provisions of the act of April 12, 1951 (P.L.90, No.21), known as the Liquor Code, and any additional Commonwealth or other employer contributions provided for in section 5507 (relating to contributions to the system by the Commonwealth and other employers) which are creditable to the enforcement officers' benefit account. The enforcement officers' benefit account shall be credited with the required interest. In addition, upon the filing of an application for an annuity by a member who is an enforcement officer of the Pennsylvania Liquor Control Board, the total accumulated deductions standing to the credit of the member in the members' savings account and the necessary reserves from the State accumulation account shall be transferred to the enforcement officers' benefit account. Thereafter, the total annuity of such annuitant shall be charged to the enforcement officers' benefit account and paid from the fund.

(b) Transfers from account.--Should the said annuitant be subsequently restored to active service as a member of the system or as a participant in the plan, the present value of the member's annuity at the time of reentry into State service shall be transferred from the enforcement officers' benefit account and placed to his individual credit in the members' savings account. In addition, the actuarial reserve for his annuity, less the amount transferred to the members' savings account shall be transferred from the enforcement officers'

benefit account to the State accumulation account. Upon subsequent retirement other than as an enforcement officer the actuarial reserve remaining in the enforcement officers' benefit account shall be transferred to the appropriate reserve account. (May 17, 2001, P.L.26, No.9, eff. imd.; Nov. 23, 2010, P.L.1269, No.120, eff. imd.; June 12, 2017, P.L.11, No.5, eff. imd.) Cross References. Section 5937 is referred to in sections 5932, 5933, 5934 of this title.
71 Pa.C.S. § 2608 — PA Code / Title 71 / Chapter 26 / Section 2608
Leave of absence.
Status: in_force

(a) Right of return.--If there is a vacancy with the same appointing authority, an employee who has been granted a leave of absence at the discretion of an appointing authority shall, upon expiration of the leave of absence, have the right of return to any of the following:

(1) the class and civil service status from which leave was granted;

(2) a class and civil service status that the employee previously held, if the class is contained in the current class plan of the agency; or

(3) a class and civil service status in the same or lower grade, if the employee meets the minimum qualifications given in the classification plan of the agency.

(b) No vacancy upon return.--If there is no vacancy to which the employee on leave can be returned, the employee shall retain priority of return to the class from which the leave of absence was granted for a period of one year following the date of expiration of the leave, and, during that time period, the employee shall have precedence for employment over employees furloughed from the same class.
71 Pa.C.S. § 33 — PA Code / Title 71 / Chapter 33 / Section 33
Requirements for qualification as qualified pension plan.
Status: in_force

* * *

(b) State employees.--Nothing in this act which amends or supplements provisions of 71 Pa.C.S. Pt. XXV in relation to requirements for qualification of the State Employees' Retirement System as a qualified pension plan under the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. §§ 401(a) and 415(b)) nor any construction of 71 Pa.C.S. Pt. XXV, as so amended or supplemented, or any rules or regulations adopted under 71 Pa.C.S. Pt. XXV shall create in any member of the system or in any other person claiming an interest in the account of any such member a contractual right, either express or implied. The provisions of 71 Pa.C.S. Pt. XXV shall remain subject to the Internal Revenue Code of 1986, as amended, and regulations thereunder as the same may hereafter be amended, and the General Assembly reserves to itself such further exercise of its legislative power to amend or supplement such provisions as may from time to time be required in order to maintain the qualification of such system as a qualified pension plan under section 401(a) of the Internal Revenue Code of 1986.
71 Pa.C.S. § 2603 — PA Code / Title 71 / Chapter 26 / Section 2603
Suspension.
Status: in_force

(a) Right to suspend.--The following apply:

(1) An appointing authority may, for disciplinary purposes, suspend without pay an employee holding a position in the classified service.

(2) Suspensions, including suspensions pending internal investigation, may not exceed 60 working days in one calendar year.

(3) Suspensions pending investigation by external agencies may be maintained up to 30 working days after conclusion of the external investigation.

(b) Discrimination prohibited.--No individual may be suspended because of race, gender, religion, disability or political, partisan or labor union affiliation or any other nonmerit factor.

(c) Good cause.--Employees may only be suspended for good cause.

(d) Report of suspension.--An appointing authority shall immediately report in writing to the Office of Administration a suspension, together with the reason or reasons for the suspension, and shall send a copy of the report to the suspended employee.
71 Pa.C.S. § 2801 — PA Code / Title 71 / Chapter 28 / Section 2801
Notice.
Status: in_force

(a) Notice.--Written notice of a personnel action taken under this part shall be provided to the affected employee.

(b) Time limit for notice.--The notice shall be furnished within the time limit prescribed by the Office of Administration. Copies of the notice shall be provided to the Office of Administration upon request.

(c) Contents of notice.--The notice shall, in the case of permanent separation, suspension for cause or involuntary demotion of a regular employee, set forth the reasons for the action. The notice shall also provide the affected employee information on the employee's right to appeal the personnel action to the commission.
71 Pa.C.S. § 3003 — PA Code / Title 71 / Chapter 30 / Section 3003
Duties of commission.
Status: in_force

It shall be the duty of the commission:

(1) After public hearing, as specified under this chapter, to promulgate regulations either on the motion of the commission or upon recommendation of the director for effectuating the provisions of this chapter.

(2) Upon request or on the motion of the commission as provided under this section, in cases of demotion, furlough, suspension and removal, to hold public hearings, render decisions on appeals and record the commission's findings and conclusions.

(3) To make investigations as may be requested by the Governor or the General Assembly and to report on the investigations.

(4) To report by June 1 of each year to the General Assembly on all complaints, grievances and cases arising

from questions by veterans about the application of and the results attained by use of the veterans' preference provisions of this chapter with regard to hiring, promotion and firing of employees covered by this chapter.

(5) Upon its own motion and subject to the specific terms and conditions imposed under this part, to delegate authority to the director to promote the efficient and effective performance of the administrative duties of the commission.

(6) From money appropriated for the operation of the commission, to enter into cooperative agreements with departments, boards, commissions and other agencies of the Commonwealth to provide services, including budget preparation, fiscal oversight, human resources and personnel services, technology services, procurement, courier and mailing and other services. Notwithstanding 62 Pa.C.S. (relating to procurement), the commission may use the Department of General Services as its purchasing agency. The commission shall retain authority over commission work under the cooperative agreement.

(7) To conduct hearings as follows:

(i) A regular employee in the classified service may, within 20 calendar days of receipt of notice from the appointing authority, appeal in writing to the commission a permanent separation, suspension for cause, furlough or demotion on the grounds that the action has been taken in the employee's case in violation of the provisions of this part. Upon receipt of the notice of appeal, the commission shall promptly schedule and hold a public hearing.

(ii) A person who is aggrieved by an alleged violation of section 2704 (relating to prohibition of discrimination) may appeal in writing to the commission within 20 calendar days of the alleged violation. Upon receipt of the notice of appeal, the commission shall promptly schedule and hold a public hearing.

(iii) Final decisions of the commission shall be reviewable in accordance with the laws of this Commonwealth.

(8) To provide remedies as follows:

(i) Within 90 days after the conclusion of the hearing described under paragraph (7), the commission shall report the commission's findings and conclusions to the parties directly involved in the action.

(ii) If the decision is in favor of the employee or the aggrieved person, the commission shall make an order as the commission deems appropriate to assure the rights accorded the individual under this part.

(iii) If an employee is removed, furloughed, suspended or demoted, the commission may modify or set aside the action of the appointing authority. If appropriate, the commission may order reinstatement, with the payment of the portion of the salary or wages lost, including employee benefits, as the commission may in its discretion award.
71 Pa.C.S. § 2202 — PA Code / Title 71 / Chapter 22 / Section 2202
Duties of Office of Administration.
Status: in_force

(a) Duties.--The Office of Administration shall have the power and duty to implement and administer this part as follows:

(1) Perform the duties conducted, prior to the effective date of this section, by the commission and the director under section 2201 (relating to transfer of duties).

(2) Direct and supervise the administrative work of merit system employment.

(3) Appoint staff to classified service positions necessary to carry out the provisions of this part.

(4) Provide merit system employment for the Commonwealth in accordance with this part.

(5) Advertise, on the Office of Administration's publicly accessible Internet website and in each Office of Administration announcement and advertisement, that:

(i) veterans' preference is the law of this Commonwealth;

(ii) to determine standing on each certified eligibility list, an additional 10 points shall be applied to the final examination score obtained by a veteran, in accordance with 51 Pa.C.S. § 7103 (relating to additional points in grading civil service examinations); and

(iii) the same preferential rating given to veterans under this chapter shall be extended to include spouses of deceased or disabled veterans, in accordance with 51 Pa.C.S. § 7108 (relating to preference of spouses).

(6) Administer this part, except for Chapters 30 (relating to State Civil Service Commission and director) and 31 (relating to hearings and records).

(7) Request assistance from State departments, agencies, boards or commissions, if necessary.

(8) Cooperate with other civil service agencies.

(9) Investigate as requested by the Governor or the General Assembly and to report on the investigation.

(10) Investigate, notwithstanding any other provision of this part, personnel action taken under this part and hold public hearings, record findings and conclusions and order action to assure observance of this part.

(11) Administer oaths and require testimony and the production of documents and records.

(12) Appoint a special advisor for veterans' programs who shall be a veteran and who will:

(i) ensure compliance under this part with the provisions of 51 Pa.C.S. Pt. V (relating to employment preferences and pensions); and

(ii) promote and implement policies to increase the awareness and understanding of the value of recruiting, hiring and retaining veterans for the Commonwealth workforce under this part.

(b) Oaths, testimony and documents.--The following shall apply:

(1) The Secretary of Administration and any other employee or agency authorized by the secretary shall have the power to administer oaths in matters pertaining to the work of the Office of Administration under this part.

(2) The Office of Administration shall have the power to secure by subpoena the attendance and testimony of witnesses and the production of documents and records.

(c) Authority of court.--A judge of a court of record shall, upon proper application of the Office of Administration, compel the attendance of witnesses, the production of documents and records and the giving of testimony before the Office of Administration in the same manner as the production of evidence may be compelled before the court.
71 Pa.C.S. § 5939 — PA Code / Title 71 / Chapter 59 / Section 5939
Interest reserve account.
Status: in_force

The interest reserve account shall be the ledger account to which shall be credited all income earned by the fund and to which shall be charged all administrative and investment expenses incurred by the fund. At the end of each year the required interest shall be transferred from the interest reserve account to the credit of each of the accounts of the fund in accordance with the provisions of this subchapter. In addition, at the end of each accounting period, the interest reserve account shall be credited or charged with all recognized changes in the market valuation of the investments of the fund. The administrative and investment expenses of the board relating to the administration of the system and investments of the fund shall be paid from the fund out of earnings. Any surplus or deficit in the interest reserve account at the end of each year shall be transferred to the State accumulation account.

(Mar. 4, 1982, P.L.141, No.45, eff. imd.; June 12, 2017, P.L.11, No.5, eff. imd.) Cross References. Section 5939 is referred to in section 5932 of this title.
71 Pa.C.S. § 29 — PA Code / Title 71 / Chapter 29 / Section 29
Construction of law.
Status: in_force

Nothing in this act shall be construed or deemed to imply that:

(1) But for the expressed applications of the limitations on benefits or other requirements under section 401(a) or applicable provisions of the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 401), those limitations would not otherwise apply to members of the State Employees' Retirement System and the benefits payable under 71 Pa.C.S. Pt. XXV.

(2) Any interpretation or application of the provisions of 71 Pa.C.S. Pt. XXV or benefits available to members of the State Employees' Retirement System was not in accordance with the provisions of 71 Pa.C.S. Pt. XXV or other applicable law prior to the effective date of this section.
71 Pa.C.S. § 2304 — PA Code / Title 71 / Chapter 23 / Section 2304
Public notice of examinations.
Status: in_force

The Office of Administration shall give public notice of all examinations for positions or promotions in the classified service at least two weeks in advance of the final date for filing applications.
71 Pa.C.S. § 5308 — PA Code / Title 71 / Chapter 53 / Section 5308
Eligibility for annuities.
Status: in_force

(a) Superannuation annuity.--Attainment of superannuation age by an active member, an inactive member on leave without pay or a participant with service credited as a member of the system with three or more eligibility points other than eligibility points resulting from nonstate service or nonschool service shall entitle him to receive a superannuation annuity upon termination of State service and compliance with section 5907(f) (relating to rights and duties of State employees, members and participants).

(b) Withdrawal annuity.--

(1) Any vestee or any active member, inactive member on leave without pay or participant with service credited as a member of the system who terminates State service having five or more eligibility points and who does not have Class A-3, Class A-4, Class A-5 or Class A-6 service credit or, if a multiple service member, Class T-E, Class T-F, Class T-G or Class T-H service credit in the Public School Employees' Retirement System, or who has Class G, Class H, Class I, Class J, Class K, Class L, Class M or Class N service and terminates State service having five or more eligibility points, upon compliance with section 5907(f),

(g) or (h) shall be entitled to receive an annuity.

(2) Any vestee, active member, inactive member on leave without pay or participant with service credited as a member of the system who has Class A-3, Class A-4, Class A-5 or Class A-6 service credit or, if a multiple service member, Class T-E, Class T-F, Class T-G or Class T-H service credit in the Public School Employees' Retirement System who terminates State service having ten or more eligibility points, upon compliance with section 5907(f), (g) or (h), shall be entitled to receive an annuity.

(3) Any vestee, active member or inactive member on leave without pay or participant with service credited as a member of the system who has either Class A-3, Class A-4, Class A-5 or Class A-6 service credit or, if a multiple service member, Class T-E, Class T-F, Class T-G or Class T-H service credit in the Public School Employees' Retirement System and also has service credited in the system in one or more other classes of service who has five or more, but fewer than ten, eligibility points, upon compliance with section 5907(f), (g) or (h), shall be eligible to receive an annuity calculated on his service credited in classes of service other than Class A-3, Class A-4, Class A-5 or Class A-6, provided that the member has five or more eligibility points resulting from service in classes other than Class A-3, Class A-4, Class A-5 or Class A-6 or Class T-E, Class T-F, Class T-G or Class T-H service in the Public School Employees' Retirement System.

(c) Disability annuity.--An active member or inactive member on leave without pay who has five or more eligibility points other than eligibility points resulting from membership in the Public School Employees' Retirement System or any active member or inactive member on leave without pay who is an officer of the Pennsylvania State Police or an enforcement officer shall, upon compliance with section 5907(k), be entitled to a disability annuity if he becomes mentally or physically incapable of continuing to perform the duties for which he is employed and qualifies in accordance with the provisions of

section 5905(c)(1) (relating to duties of the board regarding applications and elections of members and participants).

(d) Required beginning date.--Members eligible for an annuity must commence receiving the annuity by the member's required beginning date. (Oct. 7, 1975, P.L.348, No.101, eff. imd.; Apr. 29, 1994, P.L.159, No.29, eff. 60 days; June 22, 1999, P.L.75, No.12, eff. imd.; May 17, 2001, P.L.26, No.9, eff. July 1, 2001; Nov. 23, 2010, P.L.1269, No.120, eff. imd.; Oct. 24, 2012, P.L.1436, No.181, eff. Dec. 31, 2012; Dec. 28, 2015, P.L.529, No.93, eff. imd.; June 12, 2017, P.L.11, No.5, eff. imd.) 2001 Amendment. See section 37 of Act 9 in the appendix to this title for special provisions relating to applicability of amendment to State Employees' Retirement System members. 1975 Amendment. Section 3 of Act 101 provided that the provision of section 5308(a) requiring three or more years of credited State or school service for eligibility for a superannuation annuity shall be applicable only to members joining the system on or after the effective date of the act. Cross References. Section 5308 is referred to in sections 5307, 5310, 5702, 5703, 5704, 5705, 5707, 5955.2 of this title.
71 Pa.C.S. § 5954 — PA Code / Title 71 / Chapter 59 / Section 5954
Fraud and adjustment of errors.
Status: in_force

(a) Penalty for fraud.--Any person who shall knowingly make any false statement or shall falsify or permit to be falsified any record or records of this system or plan in any attempt to defraud the system or plan as a result of such act shall be guilty of a misdemeanor of the second degree.

(b) Adjustment of errors.--Should any change or mistake in records result in any member, participant, beneficiary, survivor annuitant or successor payee receiving from the system or plan more or less than he would have been entitled to receive had the records been correct, then regardless of the intentional or unintentional nature of the error and upon the discovery of such error, the board shall correct the error and if the error affected contributions to or payments from the system, then so far as practicable shall adjust the payments which may be made for and to such person in such a manner that the actuarial equivalent of the benefit to which he was correctly entitled shall be paid. If the error affected contributions to or payments from the plan, the board shall take action as provided for in the plan document. (Oct. 7, 1975, P.L.348, No.101, eff. imd.; June 12, 2017, P.L.11, No.5, eff. imd.)
71 Pa.C.S. § 5310 — PA Code / Title 71 / Chapter 53 / Section 5310
Eligibility for death benefits.
Status: in_force

In the event of the death of a member who is eligible for an annuity in accordance with section 5308(a) or (b) (relating to eligibility for annuities), his beneficiary shall be entitled to a death benefit. (June 12, 2017, P.L.11, No.5, eff. imd.; July 2, 2019, P.L.434, No.72, eff. 60 days) 2019 Amendment. See section 6.2 of Act 72 in the appendix to this title for special provisions relating to severability.
71 Pa.C.S. § 5 — PA Code / Title 71 / Chapter 5 / Section 5
Applicability.
Status: in_force

This act shall apply to any record, material or data described in 71 Pa.C.S. § 5902(e)(2), without regard to whether the record, material or data was created, generated or stored before the effective date of this section, without regard to whether the record, material or data was previously released or made public and without regard to whether a request for the record, material or data was made or is pending final response under the act of June 21, 1957 (P.L.390, No.212), referred to as the Right-to-Know Law. References in Text. The act of June 21, 1957 (P.L.390, No.212), referred to as the Right-to-Know Law, referred to in this section, was repealed by the act of Feb. 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.
71 Pa.C.S. § 2306 — PA Code / Title 71 / Chapter 23 / Section 2306
Establishment of eligible lists.
Status: in_force

The Office of Administration shall establish and maintain eligible lists as are necessary or desirable to meet the needs of the service. The eligible lists shall contain the names of each individual who has qualified for and successfully passed the examination. The eligible list shall be arranged in the order of final earned ratings.
71 Pa.C.S. § 2 — PA Code / Title 71 / Chapter 2 / Section 2
Accrued liability.
Status: in_force

Notwithstanding 71 Pa.C.S. §§ 5507 and 5508, for purposes of 71 Pa.C.S. § 5508(c)(4), any change in the accrued liability that results from the addition of paragraph (5) to the definition of "enforcement officer" in 71 Pa.C.S. § 5102 shall be funded in equal dollar installments as a percentage of compensation of all affected active members and active participants employed by the Pennsylvania Game Commission over a period of 10 years from the first day of July following the valuation date coincident with or next following the effective date of this section. Explanatory Note. Act 52 amended section 5102 of Title 71. 2019, JULY 2, P.L.434, NO.72
71 Pa.C.S. § 2201 — PA Code / Title 71 / Chapter 22 / Section 2201
Transfer of duties.
Status: in_force

Beginning on the effective date of this section, the Office of Administration shall perform the duties conducted by the commission and the director under the Civil Service Act, except sections 950 and 951(a), (b) and (c) of the Civil Service Act. Cross References. Section 2201 is referred to in section 2202 of this title.
71 Pa.C.S. § 5306.1 — PA Code / Title 71 / Chapter 53 / Section 5306.1
Election to become a Class AA member.
Status: in_force

(a) General rule.--A person who is:

(1) a member of the system; or

(2) a multiple service member who is a school employee and a member of the Public School Employees' Retirement System; who on July 1, 2001, is eligible for Class AA membership may elect to become a member of Class AA.

(b) Time for making election.--The election to become a Class AA member must be made by the member filing written notice with the board before January 1, 2002, or before the member terminates State service or, if a school employee, terminates school service, whichever occurs first.

(c) Effect of election.--An election to become a Class AA member shall become effective the later of July 1, 2001, or the date when the election is filed with the board and shall remain in effect until the termination of employment or an election is made to become a member of Class A-5 or Class A-6 or solely a participant in the plan under section 5306.5 (relating to election by active members to become a Class A-5 member, Class A-6 member or plan participant). Upon termination and subsequent reemployment, the member's class of service shall be credited in the class of service otherwise provided for in this part,

and the State employee's eligibility for participation in the plan shall be as provided in this part.

(d) Effect of failure to make election.--Subject to the provisions of this part relating to election of Class A-5 or Class A-6 or to be solely a participant in the plan, failure to elect to become a Class AA member within the election period set forth in subsection (b) shall result in all of the member's Class A State service, other than service performed as a State police officer or in a position in which the member could elect a class of membership other than Class A, being credited as Class A service and not subject to further election or crediting as Class AA service upon termination and subsequent employment. (May 17, 2001, P.L.26, No.9, eff. July 1, 2001; June 12, 2017, P.L.11, No.5, eff. imd.) 2017 Amendment. Act 5 amended subsecs. (c) and (d). 2001 Amendment. Act 9 added section 5306.1. See section 38(b) of Act 9 in the appendix to this title for special provisions relating to elections to change member classification. Cross References. Section 5306.1 is referred to in sections 5303, 5306 of this title.
71 Pa.C.S. § 5703 — PA Code / Title 71 / Chapter 57 / Section 5703
Reduction of annuities on account of social security old-age insurance benefits.
Status: in_force

(a) General rule.--A joint coverage member who is eligible to receive an annuity under section 5308(a) or (b) (relating to eligibility for annuities) shall be entitled to receive the annuity provided for in sections 5702 (relating to maximum single life annuity) and 5708 (relating to supplemental annuities) which shall be reduced at the time at which the member would be entitled to receive full social security old-age insurance benefits whether or not he has applied for such benefits. The reduction shall be an amount equal to 40% of the primary insurance amount paid or payable to him and subject to the following provisions:

(1) The eligibility of such member for the old-age insurance benefit and the amount of such benefit upon which the reduction in his annuity shall be based shall be determined by the board in accordance with the provisions of the Federal Social Security Act, 42 U.S.C.A. § 301 et seq., in effect on the effective date of retirement, except that in determining such eligibility and such amount only wages or compensation for services covered by the system shall be included.

(2) The reduction shall not be more than one-half of the standard single life annuity multiplied by the ratio of the sum of the three years of highest taxable wages to an amount equal to three times the final average salary and by the ratio of the years of credited service after December 31, 1955 to total years of credited service.

(3) Whenever the amount of the reduction from the annuity shall have been once determined, it shall remain fixed for the duration of the annuity except that any decrease in the old-age insurance benefit under the Federal Social Security Act, 42 U.S.C.A. § 301 et seq., shall result in a corresponding decrease in the amount of the reduction from the annuity.

(b) Exception.--The reduction provided for in subsection

(a) shall not apply to annuities payable under the provisions of section 5704(a) (relating to disability annuities). (Oct. 7, 1975, P.L.348, No.101, eff. imd.)

Cross References. Section 5703 is referred to in sections 5702, 5905 of this title.
71 Pa.C.S. § 3202 — PA Code / Title 71 / Chapter 32 / Section 3202
Service and cooperation.
Status: in_force

(a) General rule.--The services and facilities of the commission and its staff shall be available to departments, boards, commissions, agencies and political subdivisions of this Commonwealth.

(b) Costs.--

(1) The cost of the services and facilities made available by the commission shall be paid by the department, board, commission, agency and political subdivision to which the services and facilities are made available, in the proportion that the cost of the services and facilities bears to the total cost of the services and facilities.

(2) The commission shall prepare and issue semiannual statements of the cost, which shall be reviewed and approved by the Office of the Budget, providing the total cost and the share attributable to each department, board, commission, agency and political subdivision to which services or facilities are made available. Upon receipt of the statements, each department, board, commission, agency and political subdivision shall pay its share of the cost to the commission.

(c) Obligation.--

(1) Money payable to the commission, by way of reimbursement, shall be paid into the General Fund, shall be credited to the annual appropriation made to the commission out of the General Fund for the proper conduct of its work under this part and shall be available for the same purposes for which an appropriation is available.

(2) If a department, board, commission or agency which is supported out of the General Fund becomes liable to the commission under the provisions of this section, the liability shall be defrayed out of the current appropriation to the department, board, commission or agency for the proper conduct of its work, and an appropriation is appropriated for that purpose.

(3) As much money as may be necessary is appropriated to the commission from The State Stores Fund to meet the cost of the services and facilities of the commission as may be attributable to the work of the commission, with respect to the Pennsylvania Liquor Control Board.

(4) As much money as may be necessary is appropriated to the commission from the Administration Fund to meet the cost of services and facilities of the commission as may be attributable to the work of the commission with respect to the work of the Department of Labor and Industry under the act of December 5, 1936 (2nd Sp.Sess., 1937 P.L.2897, No.1), known as the Unemployment Compensation Law.

(5) In the event any other department, board, commission or agency, which is supported out of a special fund, becomes obligated to the commission under the provisions of this section, as much money as may be necessary is appropriated out of the special fund to meet the cost of services and facilities of the commission as may be attributable to the work of the department, board, commission or agency. The amounts that are appropriated out of the special funds shall be transferred from the funds to the General Fund, shall be credited to the current appropriation made to the commission out of the General Fund for the proper conduct of its work and are appropriated to the commission for the same purposes as the appropriation out of the General Fund is appropriated under this section.
71 Pa.C.S. § 3304 — PA Code / Title 71 / Chapter 33 / Section 3304
Audits of application of veterans' preference.
Status: in_force

The commission shall conduct audits of appointments and changes in employment in the classified service to ensure strict compliance with 51 Pa.C.S. Pt. V (relating to employment preferences and pensions).
71 Pa.C.S. § 5951 — PA Code / Title 71 / Chapter 59 / Section 5951
State guarantee regarding the system.
Status: in_force

The required interest charges payable, the maintenance of reserves in the fund, and the payment of all annuities and other benefits granted by the board from the system under the provisions of this part relating to the establishment and administration of the system are hereby made obligations of the Commonwealth. All income, interest, and dividends derived from deposits and investments of the system authorized by this part shall be used for the payment of the said obligations of the Commonwealth and shall not be used for any obligation of the plan or trust. (June 12, 2017, P.L.11, No.5, eff. imd.)
71 Pa.C.S. § 5932 — PA Code / Title 71 / Chapter 59 / Section 5932
State Employees' Retirement Fund.
Status: in_force

(a) General rule.--The fund shall consist of all balances in the several separate accounts set apart to be used under the direction of the board for the benefit of members of the system; and the Treasury Department shall credit to the fund all moneys received from the Department of Revenue arising from the contributions relating to or on behalf of members of the system required under the provisions of Chapter 55 (relating to contributions), and any income earned by the investments or moneys of said fund. There shall be established and maintained by the board the several ledger accounts specified in sections 5933 (relating to members' savings account), 5934 (relating to State accumulation account), 5935 (relating to annuity reserve account), 5936 (relating to State Police benefit account), 5937 (relating to enforcement officers' benefit account), 5938 (relating to supplemental annuity account) and 5939 (relating to interest reserve account).

(b) Individual investment accounts and trust.--The individual investment accounts that are part of the trust shall not be part of the fund. Mandatory pickup participant contributions, voluntary contributions and employer defined contributions made under this part and any income earned by the investment of such contributions shall not be paid or credited to the fund but shall be paid to the trust and credited to the individual investment accounts. (Mar. 4, 1982, P.L.141, No.45, eff. imd.; June 12, 2017, P.L.11, No.5, eff. imd.)
71 Pa.C.S. § 3008 — PA Code / Title 71 / Chapter 30 / Section 3008
Periodic audits of employees by commission.
Status: in_force

The commission shall conduct audits of appointments, changes in employment and promotions of employees in the classified service to ensure strict compliance with this part and regulations promulgated by the Office of Administration under this part.
71 Pa.C.S. § 32 — PA Code / Title 71 / Chapter 32 / Section 32
Funding liability for additional benefits.
Status: in_force

Notwithstanding any other provision of law, the liability for any additional benefits established by this act shall be funded in equal dollar annual payments over a period of ten years commencing July 1, 2002.
71 Pa.C.S. § 2704 — PA Code / Title 71 / Chapter 27 / Section 2704
Prohibition of discrimination.
Status: in_force

An officer or employee of the Commonwealth may not discriminate against an individual in recruitment, examination, appointment, training, promotion, retention or any other personnel action with respect to the classified service because of race, gender, religion, disability or political, partisan or labor union affiliation or other nonmerit factors. Cross References. Section 2704 is referred to in section 3003 of this title.
71 Pa.C.S. § 30 — PA Code / Title 71 / Chapter 30 / Section 30
Applicability of law.
Status: in_force

In addition to any other member of the State Employees' Retirement System to which this act applies, the General Assembly intends that this act apply to all members of the State Employees' Retirement System who are active members and inactive members on leave without pay of the State Employees' Retirement System, and to any former State employee who is a multiple service member, is a school employee and is a member of the Public School Employees' Retirement System, without regard to class of service, State office or employment position or effective date of commencing State service or membership in the Public School Employees' Retirement System. Notwithstanding this section, the addition or amendment of 71 Pa.C.S. § 5706(a),

(a.1) and (a.4) shall not apply to annuitants whose most recent return to State service or most recent appointment or commission to any position otherwise covered by 71 Pa.C.S. § 5706(a.4) occurred before the effective date of this section. 2017, JUNE 12, P.L.11, NO.5
71 Pa.C.S. § 5305.1 — PA Code / Title 71 / Chapter 53 / Section 5305.1
Eligibility for actuarial increase factor.
Status: in_force

A person who is:

(1) an active member;

(2) an inactive member on leave without pay;

(3) a multiple service member who is a school employee and an active member of the Public School Employees' Retirement System; or

(4) an active participant or an inactive participant on leave without pay; who terminates State service or school service, as the case may be, after attaining age 70 and who applies for a superannuation annuity with an effective date of retirement the day after the date of termination of State service or school service shall have that person's maximum single life annuity calculated pursuant to section 5702(a.1) (relating to maximum single life annuity). (May 17, 2001, P.L.26, No.9, eff. Sept. 1, 2001; June 12, 2017, P.L.11, No.5, eff. imd.) Cross References. Section 5305.1 is referred to in section 5702 of this title.
71 Pa.C.S. § 5709 — PA Code / Title 71 / Chapter 57 / Section 5709
Payment of benefits from the system.
Status: in_force

(a) Annuities.--Any annuity granted under the provisions of this part and paid from the fund shall be paid in equal monthly installments.

(b) Death benefits.--If the amount of a death benefit payable from the fund to a beneficiary of a member under section 5707 (relating to death benefits) or under the provisions of Option 1 of section 5705(a)(1) (relating to member's options) is $10,000 or more, such beneficiary may elect to receive payment according to one of the following options:

(1) a lump sum payment;

(2) an annuity actuarially equivalent to the amount payable; or

(3) a lump sum payment and an annuity such that the annuity is actuarially equivalent to the amount payable less the lump sum payment specified by the beneficiary.

(c) Death or absence of beneficiary.--If the beneficiary designated by a member should predecease him or die within 30 days of his death, or if a valid nomination of a beneficiary is not in effect at his death, any money payable to a beneficiary shall be payable to the estate of the member.

(d) Required distributions.--All payments pursuant to this section shall start and be made in compliance with the required beginning date, minimum distribution requirements and incidental death benefit rules of IRC § 401(a)(9). (Apr. 23, 2002, P.L.272, No.38, eff. imd.; Dec. 28, 2015, P.L.529, No.93, eff. imd.; June 12, 2017, P.L.11, No.5, eff. imd.) 2017 Amendment. Act 5 amended the section heading and subsecs. (a) and (b). 2015 Amendment. Act 93 added subsec. (d). Cross References. Section 5709 is referred to in section 5707 of this title.
71 Pa.C.S. § 5816 — PA Code / Title 71 / Chapter 58 / Section 5816
Tax qualification.
Status: in_force

(a) Required distributions.--All payments under this chapter shall start and be made in compliance with the required beginning date, minimum distribution requirements and incidental death benefit rules of IRC § 401(a).

(b) Limitations.--The following shall apply:

(1)

(i) Except as provided under subparagraph (ii) and notwithstanding a provision of this part, a contribution or benefit related to the plan may not exceed any limitation under IRC § 415 with respect to a governmental plan which is in effect on the date the contribution or benefit payment takes effect.

(ii) An increase in a limitation under IRC § 415 shall apply to all participants on and after the effective date of this section.

(iii) For the purposes of this paragraph, the term "governmental plan" shall have the same meaning as the term has in IRC § 414(d).

(2)

(i) Except as provided under subparagraph (ii), an amendment of this part on or after the effective date of this section that increases contributions or benefits for active participants, inactive participants or participants receiving distributions shall not be deemed to provide for a contribution or benefit in excess of any limitation, adjusted on or after the effective date of this section, under IRC § 415 unless specifically provided by legislation.

(ii) Notwithstanding subparagraph (i), an increase in benefits on or after the effective date of this section for a participant in the plan shall be authorized and apply to the fullest extent allowed by law.
71 Pa.C.S. § 3303 — PA Code / Title 71 / Chapter 33 / Section 3303
Veterans' preference.
Status: in_force

Nothing in this part shall be construed to repeal or supersede the provisions of 51 Pa.C.S. Pt. V (relating to employment preferences and pensions).
71 Pa.C.S. § 3007 — PA Code / Title 71 / Chapter 30 / Section 3007
Cooperation by officers and employees of the Commonwealth.
Status: in_force

Upon the written request of the director, all officers and employees in the service of the Commonwealth shall, during usual business hours, furnish to the commission the facilities, assistance and information as the commission may require in carrying out its functions.
71 Pa.C.S. § 23 — PA Code / Title 71 / Chapter 23 / Section 23
Effect of Act 120 on Part XXV.
Status: in_force

Nothing in this act shall be construed or deemed to imply that any interpretation or application of the provisions of 71 Pa.C.S. Pt. XXV or benefits available to members of the State Employees' Retirement System was not in accordance with the provisions of 71 Pa.C.S. Pt. XXV or other applicable law prior to the effective date of this section. It is the express intent of the General Assembly that nothing in this act shall be construed to grant to or be deemed to imply that this act expands, contracts or otherwise affects any contractual rights, either expressed or implied, or any other constitutionally protected rights, in the terms and conditions of the State Employees' Retirement System or other pension or retirement benefits as a State employee, including, but not limited to, benefits, options, rights or privileges established by 71 Pa.C.S. Pt. XXV for any current or former State employees. § 24. Construction and administration of Act 120. This act shall be construed and administered in such a manner that the State Employees' Retirement System will satisfy the requirements necessary to qualify as a qualified pension plan under section 401(a) and other applicable provisions of the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 1 et seq.). The rules, regulations and procedures adopted and promulgated by the State Employees' Retirement Board under 71 Pa.C.S. § 5902(h) may include those necessary to accomplish the purpose of this section.
71 Pa.C.S. § 5940 — PA Code / Title 71 / Chapter 59 / Section 5940
Northern Ireland-related investments.
Status: in_force

(a) General rule.--Notwithstanding any other provision of law, on and after the effective date of this section, any moneys or assets of the fund which shall remain or be invested in the stocks, securities or other obligations of any institution or company doing business in or with Northern Ireland or with agencies or instrumentalities thereof shall be invested subject to the provisions of subsection (c).

(b) Annual review.--On or before January 1 of each year, the board shall determine the existence of affirmative action taken by institutions or companies doing business in Northern Ireland to eliminate ethnic or religious discrimination based on actions taken for:

(1) Increasing the representation of individuals from underrepresented religious groups in the work force, including managerial, supervisory, administrative, clerical and technical jobs.

(2) Providing adequate security for the protection of minority employees, both at the workplace and while traveling to and from work.

(3) The banning of provocative religious or political emblems from the workplace.

(4) Publicly advertising all job openings and making special recruitment efforts to attract applicants from underrepresented religious groups.

(5) Providing that layoff, recall and termination procedures should not in practice favor particular religious groupings.

(6) The abolition of job reservations, apprenticeship restrictions and differential employment criteria which discriminate on the basis of religion or ethnic origin.

(7) The development of training programs that will prepare substantial numbers of current minority employees for skilled jobs, including the expansion of existing programs and the creation of new programs to train, upgrade and improve the skills of minority employees.

(8) The establishment of procedures to assess, identify and actively recruit minority employees with potential for further advancement.

(9) The appointment of senior management staff members to oversee affirmative action efforts and the setting up of timetables to carry out affirmative action principles.

(c) Investments.--Consistent with sound investment policy, the board shall invest the assets of the fund in such a manner that the investments in institutions doing business in or with Northern Ireland shall reflect the advances made by such institutions in eliminating discrimination as established pursuant to subsection (b). (May 28, 1992, P.L.256, No.42, eff. imd.) 1992 Amendment. Act 42 added section 5940.
71 Pa.C.S. § 2503 — PA Code / Title 71 / Chapter 25 / Section 2503
Demotions.
Status: in_force

(a) Employees subject to demotion and rights.--The following apply:

(1) An appointing authority may demote to a vacant position in a lower class an employee in the classified service who does not satisfactorily perform the duties of the position to which the employee was appointed or promoted and who is able to perform the duties of the lower class position.

(2) In case of a demotion, the employee shall have all rights of appeal as provided in this part.

(3) No employee may be demoted because of the employee's race, gender, religion, disability or political, partisan or labor union affiliation or other nonmerit factor.

(b) Voluntary demotion.--A voluntary demotion may be made by an appointing authority upon written request of the employee with the approval of the Office of Administration.
71 Pa.C.S. § 2302 — PA Code / Title 71 / Chapter 23 / Section 2302
Nature of examinations.
Status: in_force

(a) General rule.--Examinations shall be conducted to establish employment and promotion lists. Examinations may be:

(1) Written or oral.

(2) A demonstration of skill.

(3) An evaluation of experience and education.

(4) A combination of paragraphs (1), (2) and (3) which fairly appraise the fitness and ability of competitors.

(b) Method of examination.--The appointing authority shall select the method of examination that will be used for the individual position or the class of positions for which the employment or promotion list is being established. The examinations shall:

(1) Be practical in nature.

(2) Relate to the duties and responsibilities of the position for which the applicant is being examined.

(3) Fairly test the relative capacity and fitness of individuals examined to perform the duties of the position or class of positions to which the individuals seek to be appointed or promoted.

(c) Qualifications.--An applicant may be required to possess scholastic education qualifications only if the position for which the applicant is being examined requires professional or technical knowledge, skills and abilities or if the scholastic qualifications are required to ensure the continued eligibility of the Commonwealth for Federal grants-in-aid. No greater credit for experience gained during a provisional, emergency or

temporary appointment under this chapter shall be given to an individual in an examination than is given for experience in the same type of work performed in a similar position not under the provisions of this chapter.

(d) Military service.--In evaluating experience in order to compute the final rating in an examination to establish eligible lists, an individual discharged other than dishonorably after active service during a war or armed conflict in which the United States engaged, from a branch of the armed forces of the United States or from a women's uniformed service directly connected with the armed forces of the United States, may not be given less credit for experience than would be given for continued experience in the position held at the time of induction into the service.

(e) Discriminatory questions prohibited.--No question in an examination shall relate to the race, gender, religion, disability or political or labor union affiliation of the candidate.
71 Pa.C.S. § 28.1 — PA Code / Title 71 / Chapter 28 / Section 28.1
Construction of law.
Status: in_force

(1) Nothing in this act shall be construed or deemed to imply that, but for the expressed applications of the limitations on benefits or other requirements under section 401(a) or 415 of the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 401 or 415), those limitations would not otherwise apply to members of the State Employees' Retirement System and the benefits payable under 71 Pa.C.S. Pt. XXV.

(2) Nothing in this act shall be construed or deemed to imply that any member of Class A-3 or Class A-4 shall be required to make contributions to the State Employees' Retirement System for the purchase of nonstate service credit in excess of the limits established by section 415(n)(3)(A)(iii) of the Internal Revenue Code of 1986. Any contributions made by a member of Class A-3 or Class A-4 for the purchase of nonstate service credit which are determined to be in excess of the limits shall be refunded to the member in a lump sum subject to withholding for all applicable taxes and penalties as soon as administratively possible after such determination

is made. Any refund of excess contributions made under this section shall not affect the benefit payable to the member and shall not be treated as or deemed to be a withdrawal of the member's accumulated deductions. 2012, OCTOBER 24, P.L.1436, NO.181
71 Pa.C.S. § 2404 — PA Code / Title 71 / Chapter 24 / Section 2404
Probationary period.
Status: in_force

(a) Completion and duration.--

(1) No appointment to a position in the classified service shall be deemed complete until after the expiration of a probationary period.

(2) The probationary period for each class of positions shall be prescribed by the Office of Administration and, except for trainee classes, shall in no case be less than six months nor more than 18 months. The probationary period for a trainee class shall be combined with that of the class for which the trainee is being trained. The combined probationary period shall be the same as the training period and shall not exceed 24 months.

(3) The appointing authority may remove an employee during the probationary period if, in the opinion of the appointing authority, the probation indicates that the employee is unable or unwilling to perform the duties satisfactorily or that the employee's dependability does not merit continuance in the service. Upon removal, the appointing authority shall notify the employee in a manner prescribed by the Office of Administration.

(b) Notification of permanent status.--If the employee's work has been satisfactory, the appointing authority shall notify the employee in writing prior to the completion of the probationary period that the employee shall attain regular status in the classified service upon completion of the probationary period.

(c) Further appointment.--If an employee is removed from a position during or at the end of the probationary period and the Office of Administration determines that the employee is suitable for appointment to another position, the employee's name may be restored to the eligible list from which the name was certified.
71 Pa.C.S. § 5908 — PA Code / Title 71 / Chapter 59 / Section 5908
Rights and duties of annuitants.
Status: in_force

(a) Election by joint coverage annuitants.--Any annuitant who is a joint coverage member who was receiving an annuity prior to July 1, 1962, may elect to receive his annuity without reduction on account of social security old-age insurance benefits: Provided, That he shall file such election with the board prior to July 1, 1974 and shall make a lump sum payment within 60 days of receipt of the certification of the amount due.

(b) Periodic earnings statements by disability annuitants.--It shall be the duty of an annuitant receiving a disability annuity prior to the attainment of superannuation age to furnish a written statement within 30 days of the close of each calendar year of all earned income during that year and information showing whether or not he is able to engage in a gainful occupation and such other information as may be required by the board. On failure, neglect, or refusal to furnish such information for the period of the preceding year, the board may refuse to make further payments due to disability to such annuitant until he has furnished such information to the satisfaction of the board. Should such refusal continue for six months, all of his rights to the disability annuity payments in excess of any annuity to which he is otherwise entitled shall be forfeited from the date of his last written statement to the board. Any moneys received in excess of those to which he was entitled shall be deducted from the present value of the annuity to which he is otherwise entitled.

(c) Medical examinations of disability annuitants.--Should any disability annuitant refuse to submit to a medical examination by a physician or physicians at the request of the

board, his payments due to disability shall be discontinued until the withdrawal of such refusal. Should such refusal continue for a period of six months, all of his rights to the disability annuity payments in excess of any annuity to which he is otherwise entitled shall be forfeited.

(d) Continuances of disability annuities.--In all instances, the member shall have the burden of establishing continued disability. (Aug. 5, 1991, P.L.183, No.23, eff. imd.; Apr. 29, 1994, P.L.159, No.29, eff. 60 days; Apr. 23, 2002, P.L.272, No.38, eff. Jan. 1, 2003) 2002 Amendment. Act 38 amended subsec. (b). 1994 Amendment. Act 29 amended subsecs. (b) and (c). 1991 Amendment. Act 23 added subsec. (d). Cross References. Section 5908 is referred to in section 5704 of this title.
71 Pa.C.S. § 2702 — PA Code / Title 71 / Chapter 27 / Section 2702
False statements made under oath and concealing information.
Status: in_force

(a) Perjury.--An individual who makes a false statement under oath on an application or other paper filed with the Office of Administration, in an investigation conducted by or under the direction of the Office of Administration or in proceedings arising under this chapter, commits perjury and shall be punished under the provisions of 18 Pa.C.S. Ch. 49 (relating to falsification and intimidation).

(b) Concealing information.--An individual who intentionally fails to disclose a material fact or in any manner conceals information in order to obtain employment or promotion under this part shall, in addition to any other penalty provided by law, be removed from all eligible lists for a period of time to be determined by the Office of Administration and, if appointed or promoted, be summarily removed.
71 Pa.C.S. § 5311 — PA Code / Title 71 / Chapter 53 / Section 5311
Eligibility for refunds.
Status: in_force

(a) Total accumulated deductions.--Any active member, regardless of eligibility for benefits, may elect to receive his total accumulated deductions by his required beginning date upon termination of service in lieu of any benefit from the system to which he is entitled.

(b) Social security integration accumulated deductions.--Any active member at any time after the attainment of normal retirement age may elect to receive his social security integration accumulated deductions and thereby to have all his social security integration credits and benefits therefor cancelled, and shall not be entitled to accrue any further social security integration credits or benefits; except that a disability annuitant who returns to State service shall have the right to reinstate his social security integration accumulated deductions and credits therefor. (Oct. 7, 1975, P.L.348, No.101, eff. imd.; Dec. 28, 2015, P.L.529, No.93, eff. imd.; June 12, 2017, P.L.11, No.5, eff. imd.)

2017 Amendment. Act 5 amended subsec. (a). Cross References. Section 5311 is referred to in sections 5303, 5306, 5905.1 of this title.
71 Pa.C.S. § 2307 — PA Code / Title 71 / Chapter 23 / Section 2307
Duration of eligible lists.
Status: in_force

(a) Duration.--The duration of an eligible list shall be fixed by the Office of Administration. An existing eligible list shall terminate upon the establishment of an appropriate, new, eligible list unless otherwise prescribed by the Office of Administration.

(b) Utilization of current eligible lists.--Appointing authorities shall utilize eligible lists from the date of the establishment of the eligible list until exhausted, canceled by the Office of Administration or replaced by more recently prepared eligible lists.

(c) Correction and revision.--The Office of Administration may correct clerical errors occurring in connection with the preparation of an eligible list and revise the eligible list accordingly. No individual who has been appointed as the result of certification from the eligible list shall be displaced by the action.

(d) Cancellation.--The Office of Administration shall have the power, after giving notice as required in this part and after a public hearing, to cancel the whole or a part of an eligible list on account of illegality or fraud in connection with the eligible list.
71 Pa.C.S. § 6.3 — PA Code / Title 71 / Chapter 6 / Section 6.3
Applicability.
Status: in_force

The following shall apply:

(1) Except as provided under paragraph (2), the addition of paragraph (6) of the definition of "enforcement officer" in 71 Pa.C.S. § 5102 shall apply retroactively to September 18, 2017.

(2) The addition of paragraph (6) of the definition of "enforcement officer" in 71 Pa.C.S. § 5102 shall not apply retroactively to September 18, 2017, for an employee hired after December 31, 2018.

(3) The addition of paragraph (6) of the definition of "enforcement officer" in 71 Pa.C.S. § 5102 shall not apply to a current or former employee of the Office of Inspector General who dies prior to 60 days after the effective date of this section.

(4) Except as provided under paragraph (5), only service performed by employees under paragraph (6) of the definition of "enforcement officer" in 71 Pa.C.S. § 5102 after September 17, 2017, may be service as an enforcement officer.

(5) Only service performed on or after the effective date of this section by employees under paragraph (6) of the definition of "enforcement officer" in 71 Pa.C.S. § 5102 who were hired after December 31, 2018, may be service as an enforcement officer. 2019, NOVEMBER 27, P.L.723, NO.105
71 Pa.C.S. § 5506 — PA Code / Title 71 / Chapter 55 / Section 5506
Incomplete payments.
Status: in_force

(a) General rule.--In the event that a member terminates State service or a multiple service member who is an active member of the Public School Employees' Retirement System terminates school service before the agreed upon payments for credit for previous State service, USERRA leave, creditable nonstate service, social security integration, full coverage membership or return of benefits on account of returning to State service or entering school service and electing multiple service have been completed, the member or multiple service member who is an active member of the Public School Employees' Retirement System shall have the right to pay within 30 days of termination of State service or school service the balance

due, including interest, in a lump sum and the annuity shall be calculated including full credit for the previous State service, creditable nonstate service, social security integration, or full coverage membership. In the event a member does not pay the balance due within 30 days of termination of State service or in the event a member dies in State service or within 30 days of termination of State service or in the case of a multiple service member who is an active member of the Public School Employees' Retirement System does not pay the balance due within 30 days of termination of school service or dies in school service or within 30 days of termination of school service and before the agreed upon payments have been completed, the present value of the benefit otherwise payable shall be reduced by the balance due, including interest, and the benefit payable shall be calculated as the actuarial equivalent of such reduced present value.

(b) Disallowed contributions.--No payments for service or coverage shall be allowed for which the required contributions would cause a violation of the limitation related to contributions applicable to governmental plans contained in IRC § 415. In the event that any service credit or coverage based on such disallowed contributions is granted after the effective date of this subsection, then such service credit or coverage shall be canceled and benefits calculated without regard to such service, coverage or contributions and any member contributions in excess of the limitations and statutory interest credited on those contributions shall be refunded to the member by the board. (Oct. 7, 1975, P.L.348, No.101, eff. imd.; May 17, 2001, P.L.26, No.9, eff. July 1, 2001; Oct. 24, 2012, P.L.1436, No.181, eff. Dec. 31, 2012; Dec. 28, 2015, P.L.529, No.93, eff. imd.) Cross References. Section 5506 is referred to in sections 5302, 5303, 5507, 5702 of this title.