reglab/statecodes huggingface dataset:
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 71 - STATE GOVERNMENT › Chapter 58 - State Employees' Defined Contribution Plan › Section 5814 - Investments based on participant's investment allocation choices

§ 5814. Investments based on participant's investment allocation choices.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 71 - STATE GOVERNMENT › Chapter 58 - State Employees' Defined Contribution Plan › Section 5815 - Expenses

§ 5815. Expenses.
All fees, costs and expenses of establishing and administering the plan and the trust and investing the assets of the trust shall be borne by the participants and paid from assessments against the balances of the individual investment accounts as established by the board, except that the fees, costs and expenses of establishing and administering the plan and the trust that are not paid under sections 5809 (relating to vesting), 5812(2) (relating to powers and duties of board), 5814(b) (relating to investments based on participant's investment allocation choices) and 5953(a)(2)(ii) (relating to taxation, attachment and assignment of funds) shall be paid by the Commonwealth through annual appropriations.
(Oct. 29, 2020, P.L.775, No.94, eff. imd.)
Applicability.
See section 4 of Act 94 of 2020 in the appendix to this title for special provisions relating to applicability.
Cross References.
Section 5815 is referred to in section 5953 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 71 - STATE GOVERNMENT › Chapter 58 - State Employees' Defined Contribution Plan › Section 5816 - Tax qualification

§ 5816. Tax qualification.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 71 - STATE GOVERNMENT › Chapter 59 - Administration, Funds, Accounts, General Provisions › Section 5908 - Rights and duties of annuitants

§ 5908. Rights and duties of annuitants.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 71 - STATE GOVERNMENT › Chapter 59 - Administration, Funds, Accounts, General Provisions › Section 5909 - Stress test of system

§ 5909. Stress test of system.
(a) General rule.--
The board shall conduct an annual stress test of the system and submit the results of the stress test to the Governor, the General Assembly and the Independent Fiscal Office no later than July 1 of each year. The stress test shall include a scenario analysis, simulation analysis and sensitivity analysis. The board shall disclose in the report of the stress test results which industry standards were used and whether any changes to industry standards have been made.
(b) Report by Independent Fiscal Office.--
No later than September 1 of each year, the Independent Fiscal Office shall produce a report summarizing the results of the stress test, including a calculation of the ratio of projected employer pension contributions to projected State revenues under a scenario analysis.
(c) Definitions.--
As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:
"Scenario analysis."
Projections of assets, liabilities, unfunded actuarial accrued liabilities, the change in unfunded actuarial accrued liabilities, employer contributions, benefit payments, service costs, payroll and calculations of the ratios of assets to liabilities, employer contributions to payroll and operating cash flow to assets in sufficient number as determined prudent by the board as informed by recognized industry standards.
"Sensitivity analysis."
The following:
(1) Estimates of the total normal cost and employer normal cost for new employees, calculated using various investment return assumptions in sufficient number as determined prudent by the board as informed by recognized industry standards.
(2) Estimates of the unfunded actuarial accrued liability and unfunded liability, calculated using various annual assumed rates of return in sufficient number as determined prudent by the board as informed by recognized industry standards.
"Simulation analysis."
Projections of the range of required employer contributions for each of the next 20 years, based on analysis that simulates the volatility of annual investment returns above and below the assumed rate of return, applying methodology determined prudent by the board as informed by recognized industry standards.
(Nov. 25, 2020, P.L.1237, No.128, eff. 60 days)
2020 Amendment.
Act 128 added section 5909. Section 7(2) of Act 128 provided that the addition of section 5909 shall apply to calendar years beginning after December 31, 2021.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 71 - STATE GOVERNMENT › Chapter 59 - Administration, Funds, Accounts, General Provisions › Section 5932 - State Employees' Retirement Fund

§ 5932. State Employees' Retirement Fund.
(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.)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 71 - STATE GOVERNMENT › Chapter 59 - Administration, Funds, Accounts, General Provisions › Section 5933 - Members' savings account

§ 5933. Members' savings account.
(a) Credits to account.--
The members' savings account shall be the ledger account to which shall be credited the amounts of the pickup contributions made by the Commonwealth or other employer and contributions or lump sum payments made by active members in accordance with the provisions of 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), 5504 (relating to member contributions for the purchase of credit for previous State service or to become a full coverage member), 5505.1 (relating to additional member contributions) and 5505 (relating to contributions for the purchase of credit for creditable nonstate service) and transferred from the members' savings account of the Public School Employees' Retirement System in accordance with the provisions of section 5303.2 (relating to election to convert school service to State service).
(b) Interest and transfers from account.--
The members' savings account in total and the individual member accounts shall be credited with statutory interest. The total accumulated deductions credited to a member whose application for an annuity has been approved shall be transferred from the members' savings account to the annuity reserve account provided for in section 5935 (relating to annuity reserve account), except in the case of a member who is an officer of the Pennsylvania State Police or an enforcement officer the total accumulated deductions to his credit shall be transferred from the members' savings account to the State Police benefit account provided for in section 5936 (relating to State Police benefit account) or to the enforcement officers benefit account provided for in section 5937 (relating to enforcement officers' benefit account), as the case may be.
(c) Charges to account.--
Upon the election of a member to withdraw his total accumulated deductions or upon the transfer of accumulated deductions pursuant to section 5701.1 (relating to transfer of accumulated deductions), the payment of such amount shall be charged to the members' savings account.
(Dec. 14, 1982, P.L.1249, No.284, eff. imd.; July 22, 1983, P.L.104, No.31, eff. imd.; Apr. 23, 2002, P.L.272, No.38, 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).
2002 Amendment.
Act 38 amended subsecs. (a) and (c).
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.
Cross References.
Section 5933 is referred to in sections 5932, 5935 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 71 - STATE GOVERNMENT › Chapter 59 - Administration, Funds, Accounts, General Provisions › Section 5935 - Annuity reserve account

§ 5935. Annuity reserve account.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 71 - STATE GOVERNMENT › Chapter 59 - Administration, Funds, Accounts, General Provisions › Section 5936 - State Police benefit account

§ 5936. State Police benefit account.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 71 - STATE GOVERNMENT › Chapter 59 - Administration, Funds, Accounts, General Provisions › Section 5937 - Enforcement officers' benefit account

§ 5937. Enforcement officers' benefit account.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 71 - STATE GOVERNMENT › Chapter 59 - Administration, Funds, Accounts, General Provisions › Section 5938 - Supplemental annuity account

§ 5938. Supplemental annuity account.
The supplemental annuity account shall be the ledger account to which shall be credited all contributions from the Commonwealth and other employers in accordance with section 5507(b) (relating to contributions to the system by the Commonwealth and other employers) for the payment of the supplemental annuities provided 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), 5708.4 (relating to special supplemental postretirement adjustment), 5708.5 (relating to supplemental annuities commencing 1998), 5708.6 (relating to supplemental annuities commencing 2002), 5708.7 (relating to supplemental annuities commencing 2003) and 5708.8 (relating to special supplemental postretirement adjustment of 2002) made before July 1, 2010, the amount transferred from the State accumulation account to provide all additional reserves necessary as of June 30, 2010, to pay such supplemental annuities and adjustments, and the amounts transferred from the State accumulation account to provide all additional reserves necessary as a result of supplemental annuities enacted after December 31, 2009. The supplemental annuity account shall be credited with valuation interest. The reserves necessary for the payment of such supplemental annuities shall be transferred from the supplemental annuity account to the annuity reserve account as provided in section 5935 (relating to annuity reserve account).
(Aug. 5, 1991, P.L.183, No.23, eff. imd.; June 18, 1998, P.L.685, No.88, eff. imd.; May 17, 2001, P.L.26, No.9, eff. July 1, 2002; Apr. 23, 2002, P.L.272, No.38, 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 5938 is referred to in sections 5932, 5935 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 71 - STATE GOVERNMENT › Chapter 59 - Administration, Funds, Accounts, General Provisions › Section 5939 - Interest reserve account

§ 5939. Interest reserve account.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 71 - STATE GOVERNMENT › Chapter 59 - Administration, Funds, Accounts, General Provisions › Section 5940 - Northern Ireland-related investments

§ 5940. Northern Ireland-related investments.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 71 - STATE GOVERNMENT › Chapter 59 - Administration, Funds, Accounts, General Provisions › Section 5941 - Benefits completion plan

§ 5941. Benefits completion plan.
Notwithstanding any other law to the contrary, the board shall establish and serve as trustee of a retirement benefit plan within the meaning of, in conformity with and then only to the extent and so long as permitted by IRC § 415(m) for the purpose of providing such retirement benefits as would otherwise have been payable under this part to annuitants of the system on or after July 2, 2001, but for the application of the limitations on benefits of IRC § 415. The board may, in its sole discretion and within the limits of IRC § 415(m) and this section, determine all terms and provisions of the plan, including, but not limited to, the cost of and procedures for funding the plan as provided in this section. The Commonwealth and other employers whose employees are members of the system shall make contributions to the plan on behalf of all members in such amounts as shall be certified by the board.
(Dec. 30, 2002, P.L.2082, No.234, eff. imd.)
2002 Amendment.
Act 234 added section 5941. See section 6 of Act 234 in the appendix to this title for special provisions relating to payments under benefits completion plan.
Cross References.
Section 5941 is referred to in sections 5507, 5508 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 71 - STATE GOVERNMENT › Chapter 59 - Administration, Funds, Accounts, General Provisions › Section 5951 - State guarantee regarding the system

§ 5951. State guarantee regarding the system.
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.)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 71 - STATE GOVERNMENT › Chapter 59 - Administration, Funds, Accounts, General Provisions › Section 5953.2 - Irrevocable beneficiary

§ 5953.2. Irrevocable beneficiary.
Notwithstanding any other provision of this part, a domestic relations order may provide for an irrevocable beneficiary. A domestic relations order requiring the nomination of an irrevocable beneficiary shall be deemed to be one that requires a member or participant to nominate an alternate payee as a beneficiary and that prohibits the removal or change of that beneficiary 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, after the member or participant makes such nomination, in which case the irrevocable beneficiary so ordered by the court cannot be changed by the member or participant without approval by the court.
(Apr. 29, 1994, P.L.159, No.29, eff. 60 days; June 12, 2017, P.L.11, No.5, eff. imd.)
Cross References. Section 5953.2 is referred to in section 5812 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 71 - STATE GOVERNMENT › Chapter 59 - Administration, Funds, Accounts, General Provisions › Section 5953.3 - Irrevocable survivor annuitant

§ 5953.3. Irrevocable survivor annuitant.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 71 - STATE GOVERNMENT › Chapter 59 - Administration, Funds, Accounts, General Provisions › Section 5953.4 - Amendment of approved domestic relations orders

§ 5953.4. Amendment of approved domestic relations orders.
(a) Deceased alternate payee.--
In the event that the alternate payee predeceases the member or the participant and there are benefits payable to the alternate payee, the divorce court may amend the approved domestic relations order to substitute a person for the deceased alternate payee to receive any benefits payable to the deceased alternate payee.
(b) Recertification of amended order.--
If a divorce court amends the approved domestic relations order for any reason, then the amended order must be submitted for recertification as an approved domestic relations order as set forth in this part.
(Apr. 29, 1994, P.L.159, No.29, eff. 60 days; June 12, 2017, P.L.11, No.5, eff. imd.)
2017 Amendment.
Act 5 amended subsec. (a).
1994 Amendment.
Act 29 added section 5953.4.
Cross References.
Section 5953.4 is referred to in section 5812 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 71 - STATE GOVERNMENT › Chapter 59 - Administration, Funds, Accounts, General Provisions › Section 5953.6 - Irrevocable successor payee

§ 5953.6. Irrevocable successor payee.
(a) Condition.--
Notwithstanding any other provision of this part, a domestic relations order pertaining to a participant may provide for an irrevocable successor payee if the participant is receiving a payment under a payment option provided by the board that allows for a successor payee.
(b) Determination.--
A domestic relations order requiring the designation of an irrevocable successor payee is an order which:
(1) requires a participant who is receiving payments from an annuity or other distribution option to designate an alternate payee as a successor payee; and
(2) except by operation of law, prohibits the removal or change of the successor payee without approval of a court of competent jurisdiction.
(c) Certification.--
A domestic relations order under subsection (b) may be certified as an approved domestic relations order by the secretary of the board or his designated representative. If a domestic relations order is certified under this subsection, the irrevocable successor payee ordered by the court shall not be changed by the participant without approval by the court.
(d) Ineligibility.--
A person ineligible to be designated as a successor payee shall not be designated as an irrevocable successor payee. A court shall not name an irrevocable successor payee if the alternate payee is eligible to receive a lump sum distribution of the alternate payee's portion of the marital portion of the pension benefit.
(June 12, 2017, P.L.11, No.5, eff. imd.)
2017 Amendment.
Act 5 added section 5953.6.
Cross References.
Section 5953.6 is referred to in section 5812 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 71 - STATE GOVERNMENT › Chapter 59 - Administration, Funds, Accounts, General Provisions › Section 5954 - Fraud and adjustment of errors

§ 5954. Fraud and adjustment of errors.
(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.)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 71 - STATE GOVERNMENT › Chapter 59 - Administration, Funds, Accounts, General Provisions › Section 5955.1 - Construction of part with respect to older workers protection

§ 5955.1. Construction of part with respect to older workers protection.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 71 - STATE GOVERNMENT › Chapter 59 - Administration, Funds, Accounts, General Provisions › Section 5956 - Provisions severable

§ 5956. Provisions severable.
The provisions of this part are severable and if any of its provisions shall be held to be unconstitutional, the decision of the court shall not affect or impair any of the remaining provisions. It is hereby declared to be the legislative intent that this part would have been adopted had such unconstitutional provisions not been included.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 71 - STATE GOVERNMENT › Chapter 59 - Administration, Funds, Accounts, General Provisions › Section 5957 - Independent Fiscal Office study

§ 5957. Independent Fiscal Office study.
The Independent Fiscal Office shall study and analyze the implementation of shared-risk contributions under section 5501.1 (relating to shared-risk member contributions and shared-gain adjustments to regular member contributions) and its impact on the system. The study shall be completed by December 31, 2015, and shall be transmitted to the Appropriations Committee and the Finance Committee of the Senate, the Appropriations Committee and the Finance Committee of the House of Representatives and to the Governor.
(Nov. 23, 2010, P.L.1269, No.120, eff. imd.; June 12, 2017, P.L.11, No.5, eff. imd.)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 72 - TAXATION AND FISCAL AFFAIRS › Chapter 17 - Inheritance and Estate Taxes (Repealed) › Section 1701 - § 1703 - (Repealed)

1991 Repeal.
Chapter 17 (Subchapters A - L) was added December 13, 1982, P.L.1086, No.255, and repealed August 4, 1991, P.L.97, No.22, effective in 60 days. The repealed provisions are now contained in Article XXI of the act of March 4, 1971, P.L.6, No.2, known as the Tax Reform Code of 1971.
SUBCHAPTER A
PRELIMINARY PROVISIONS
(Repealed)
1991 Repeal.
Subchapter A (§§ 1701 - 1703) was added December 13, 1982, P.L.1086, No.255, and repealed August 4, 1991, P.L.97, No.22, effective in 60 days. The repealed provisions are now contained in Part I of Article XXI of the act of March 4, 1971, P.L.6, No.2, known as the Tax Reform Code of 1971.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 72 - TAXATION AND FISCAL AFFAIRS › Chapter 17 - Inheritance and Estate Taxes (Repealed) › Section 1706 - § 1708 - (Repealed)

1991 Repeal.
Subchapter B (§§ 1706 - 1708) was added December 13, 1982, P.L.1086, No.255, and repealed August 4, 1991, P.L.97, No.22, effective in 60 days. The repealed provisions are now contained in Part II of Article XXI of the act of March 4, 1971, P.L.6, No.2, known as the Tax Reform Code of 1971.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 72 - TAXATION AND FISCAL AFFAIRS › Chapter 17 - Inheritance and Estate Taxes (Repealed) › Section 1711 - (Repealed)

1991 Repeal.
Subchapter C (§ 1711) was added December 13, 1982, P.L.1086, No.255, and repealed August 4, 1991, P.L.97, No.22, effective in 60 days. The repealed provisions are now contained in Part III of Article XXI of the act of March 4, 1971, P.L.6, No.2, known as the Tax Reform Code of 1971.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 72 - TAXATION AND FISCAL AFFAIRS › Chapter 17 - Inheritance and Estate Taxes (Repealed) › Section 1716 - & § 1717 (Repealed)

1991 Repeal.
Subchapter D (§§ 1716 & 1717) was added December 13, 1982, P.L.1086, No.255, and repealed August 4, 1991, P.L.97, No.22, effective in 60 days. The repealed provisions are now contained in Part IV of Article XXI of the act of March 4, 1971, P.L.6, No.2, known as the Tax Reform Code of 1971.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 72 - TAXATION AND FISCAL AFFAIRS › Chapter 17 - Inheritance and Estate Taxes (Repealed) › Section 1721 - & § 1722 (Repealed)

1991 Repeal.
Subchapter E (§§ 1721 & 1722) was added December 13, 1982, P.L.1086, No.255, and repealed August 4, 1991, P.L.97, No.22, effective in 60 days. The repealed provisions are now contained in Part V of Article XXI of the act of March 4, 1971, P.L.6, No.2, known as the Tax Reform Code of 1971.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 72 - TAXATION AND FISCAL AFFAIRS › Chapter 17 - Inheritance and Estate Taxes (Repealed) › Section 1726 - § 1730 - (Repealed)

1991 Repeal.
Subchapter F (§§ 1726 - 1730) was added December 13, 1982, P.L.1086, No.255, and repealed August 4, 1991, P.L.97, No.22, effective in 60 days. The repealed provisions are now contained in Part VI of Article XXI of the act of March 4, 1971, P.L.6, No.2, known as the Tax Reform Code of 1971.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 72 - TAXATION AND FISCAL AFFAIRS › Chapter 17 - Inheritance and Estate Taxes (Repealed) › Section 1736 - § 1754 - (Repealed)

1991 Repeal.
Subchapter G (§§ 1736 - 1754) was added December 13, 1982, P.L.1086, No.255, and repealed August 4, 1991, P.L.97, No.22, effective in 60 days. The repealed provisions are now contained in Part VII of Article XXI of the act of March 4, 1971, P.L.6, No.2, known as the Tax Reform Code of 1971.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 72 - TAXATION AND FISCAL AFFAIRS › Chapter 17 - Inheritance and Estate Taxes (Repealed) › Section 1756 - § 1763 - (Repealed)

1991 Repeal.
Subchapter H (§§ 1756 - 1763) was added December 13, 1982, P.L.1086, No.255, and repealed August 4, 1991, P.L.97, No.22, effective in 60 days. The repealed provisions are now contained in Part VIII of Article XXI of the act of March 4, 1971, P.L.6, No.2, known as the Tax Reform Code of 1971.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 72 - TAXATION AND FISCAL AFFAIRS › Chapter 17 - Inheritance and Estate Taxes (Repealed) › Section 1766 - § 1776 - (Repealed)

1991 Repeal.
Subchapter I (§§ 1766 - 1776) was added December 13, 1982, P.L.1086, No.255, and repealed August 4, 1991, P.L.97, No.22, effective in 60 days. The repealed provisions are now contained in Part IX of Article XXI of the act of March 4, 1971, P.L.6, No.2, known as the Tax Reform Code of 1971.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 72 - TAXATION AND FISCAL AFFAIRS › Chapter 17 - Inheritance and Estate Taxes (Repealed) › Section 1781 - (Repealed)

1991 Repeal.
Subchapter J (§ 1781) was added December 13, 1982, P.L.1086, No.255, and repealed August 4, 1991, P.L.97, No.22, effective in 60 days. The repealed provisions are now contained in Part X of Article XXI of the act of March 4, 1971, P.L.6, No.2, known as the Tax Reform Code of 1971.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 72 - TAXATION AND FISCAL AFFAIRS › Chapter 17 - Inheritance and Estate Taxes (Repealed) › Section 1786 - § 1788 - (Repealed)

1991 Repeal.
Subchapter K (§§ 1786 - 1788) was added December 13, 1982, P.L.1086, No.255, and repealed August 4, 1991, P.L.97, No.22, effective in 60 days. The repealed provisions are now contained in Part XI of Article XXI of the act of March 4, 1971, P.L.6, No.2, known as the Tax Reform Code of 1971.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 72 - TAXATION AND FISCAL AFFAIRS › Chapter 17 - Inheritance and Estate Taxes (Repealed) › Section 1791 - § 1796 - (Repealed)

1991 Repeal.
Subchapter L (§§ 1791 - 1796) was added December 13, 1982, P.L.1086, No.255, and repealed August 4, 1991, P.L.97, No.22, effective in 60 days. The repealed provisions are now contained in Part XII of Article XXI of the act of March 4, 1971, P.L.6, No.2, known as the Tax Reform Code of 1971.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 72 - TAXATION AND FISCAL AFFAIRS › Chapter 31 - Microenterprise Assistance › Section 3111 - Purpose

§ 3111. Purpose.
An administrative entity may create a microenterprise loan program to assist start-up entrepreneurs and, to the extent possible, low-income individuals and diverse groups in the establishment of a microenterprise.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 72 - TAXATION AND FISCAL AFFAIRS › Chapter 31 - Microenterprise Assistance › Section 3112 - Powers of administrative entity

§ 3112. Powers of administrative entity.
(a) General rule.--
In addition to powers granted to an administrative entity in other laws, an administrative entity shall have the following powers necessary to operate a program:
(1) To issue loans to microenterprises that will operate on property owned by the administrative entity and leased to the microenterprise. The program shall target microenterprises owned by low-income individuals and diverse groups who are residents of this Commonwealth.
(2) To negotiate for loans and grants from both public and private sources in order to fund the program.
(3) To acquire property to lease to start-up entrepreneurs in order to facilitate the establishment of a microenterprise.
(4) To enter into an intergovernmental cooperation agreement with other administrative entities or municipalities relative to the operations of the program.
(b) Eminent domain.--
An administrative entity does not possess the power of eminent domain by establishing and implementing a program.