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2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 71 - STATE GOVERNMENT › Chapter 26 - Separation of Employees from Classified Service › Section 2602 - Furlough

§ 2602. Furlough.
(a) General rule.--
(1) If a reduction in force is necessary in the classified service:
(i) no employee may be furloughed while a probationary or provisional employee is employed in the same class in the same department or agency; and
(ii) no probationary employee may be furloughed while a provisional employee is employed in the same class in the same department or agency.
(2) The following apply:
(i) An employee shall be furloughed only if, at the time of furlough, the employee is within the lowest quarter among all employees of the employer in the same class on the basis of the employee's last regular service ratings. Within the quarter, the employee shall be furloughed in the order of seniority, unless a labor agreement covering the employees to be furloughed exists in which case the terms of the labor agreement regarding a furlough procedure shall be controlling.
(ii) The appointing authority may limit the application of this subparagraph in any particular instance to employees who are in:
(A) the same class, classification series or other grouping of employees as referred to in an applicable labor agreement; and
(B) the same department or agency within the same bureau or division with headquarters at a particular municipality, county or district of the Commonwealth.
(b) Rights of furloughed employees.--
(1) A furloughed employee shall have the right of return to a class and civil service status which was held prior to the furlough, provided the class is contained in the current classification plan of the agency.
(2) A furloughed employee shall have the right of return to a class and civil service status in the same or lower grade held prior to the furlough, provided the employee meets the minimum qualifications given in the classification plan of the agency.
(c) Report of furloughed employees.--
The following apply:
(1) The appointing authority shall promptly report to the Office of Administration the names of employees furloughed, together with the date the furlough of each employee is effective, and the character of the employee's service.
(2) A regular employee furloughed shall, for a period of one year, be given preference for reemployment in the same class of positions from which furloughed and shall be eligible for appointment to a position of a similar class in other agencies under this part unless the terms of an existing labor agreement preclude the employee from receiving the preferential treatment contained in this paragraph, in which event the terms of the labor agreement shall control.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 71 - STATE GOVERNMENT › Chapter 26 - Separation of Employees from Classified Service › Section 2603 - Suspension

§ 2603. Suspension.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 71 - STATE GOVERNMENT › Chapter 26 - Separation of Employees from Classified Service › Section 2604 - Removal during probationary period

§ 2604. Removal during probationary period.
(a) General rule.--
The appointing authority may remove an employee from the classified service before the expiration of the probationary period.
(b) Permanent separation.--
An individual removed shall be considered permanently separated from the individual's position. The Office of Administration may, if the action is appropriate, place the name of the individual removed on the employment list of the appropriate class for future certification to other appointing authorities.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 71 - STATE GOVERNMENT › Chapter 26 - Separation of Employees from Classified Service › Section 2605 - Rights of promoted employee during probationary period

§ 2605. Rights of promoted employee during probationary period.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 71 - STATE GOVERNMENT › Chapter 26 - Separation of Employees from Classified Service › Section 2606 - Resignation

§ 2606. Resignation.
(a) Form and reinstatement.--
(1) An employee may resign from the classified service either verbally or in writing.
(2) Upon the request of an appointing authority, an employee may be reinstated in the classification from which the employee resigned.
(b) Acceptance of resignation.--
Resignation of an individual in the classified service shall not be effective unless accepted by the appointing authority in writing within 15 calendar days after the date the individual tenders resignation.
(c) Resignation prohibited.--
No individual about to be appointed to a position in the classified service shall, in advance of or at the time of the appointment, sign or execute a resignation, whether dated or undated.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 71 - STATE GOVERNMENT › Chapter 26 - Separation of Employees from Classified Service › Section 2608 - Leave of absence

§ 2608. Leave of absence.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 71 - STATE GOVERNMENT › Chapter 26 - Separation of Employees from Classified Service › Section 2609 - Seniority

§ 2609. Seniority.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 71 - STATE GOVERNMENT › Chapter 27 - Prohibitions, Penalties and Enforcement › Section 2701 - Periodic audits of employees by Office of Administration

§ 2701. Periodic audits of employees by Office of Administration.
The Office of Administration shall conduct audits of changes in employment and promotions of employees in the departments, bureaus and agencies under its jurisdiction to ensure strict compliance with this part.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 71 - STATE GOVERNMENT › Chapter 27 - Prohibitions, Penalties and Enforcement › Section 2702 - False statements made under oath and concealing information

§ 2702. False statements made under oath and concealing information.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 71 - STATE GOVERNMENT › Chapter 27 - Prohibitions, Penalties and Enforcement › Section 2703 - Misdemeanors

§ 2703. Misdemeanors.
An individual who, alone or in collusion with one or more other individuals, willfully performs any of the following commits a misdemeanor and shall, upon conviction, be sentenced to pay a fine of not less than $100 nor more than $3,000 for each offense or to imprisonment for not more than three years, or both:
(1) Defeats, deceives or obstructs an individual with respect to the individual's right of examination, appointment or employment in accordance with this part.
(2) Corruptly or falsely marks, rates, grades, estimates or reports upon the tests or proper standing of an individual tested or certified under this part, or aids in doing so.
(3) Willfully makes false representations concerning tests, standings or individuals tested.
(4) Willfully furnishes to an individual special or secret information for the purpose of improving or injuring the prospects or chances of an individual examined or certified or of an individual who will be examined or certified.
(5) Impersonates an individual or permits or aids in any manner another individual to impersonate him or her in connection with an examination or request to be examined, certified or appointed.
(6) Furnishes false information about the individual or another individual in connection with a request to be examined, certified or appointed.
(7) Makes an appointment to office or selects an individual for employment contrary to this part.
(8) Refuses to comply with the provisions of this part.
(9) Willfully or through culpable negligence violates the provisions of this part or rules made under this part.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 71 - STATE GOVERNMENT › Chapter 27 - Prohibitions, Penalties and Enforcement › Section 2704 - Prohibition of discrimination

§ 2704. Prohibition of discrimination.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 71 - STATE GOVERNMENT › Chapter 27 - Prohibitions, Penalties and Enforcement › Section 2706 - Removal and disqualification of officers and employees

§ 2706. Removal and disqualification of officers and employees.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 71 - STATE GOVERNMENT › Chapter 28 - Notice of Personnel Actions › Section 2801 - Notice

§ 2801. Notice.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 71 - STATE GOVERNMENT › Chapter 29 - Services Available, Costs and Funding › Section 2902 - Receiving money and allocating or apportioning costs

§ 2902. Receiving money and allocating or apportioning costs.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 71 - STATE GOVERNMENT › Chapter 30 - State Civil Service Commission and Director › Section 3001 - State Civil Service Commission

§ 3001. State Civil Service Commission.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 71 - STATE GOVERNMENT › Chapter 30 - State Civil Service Commission and Director › Section 3002 - Meetings of commission

§ 3002. Meetings of commission.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 71 - STATE GOVERNMENT › Chapter 30 - State Civil Service Commission and Director › Section 3004 - Legal counsel

§ 3004. Legal counsel.
In accordance with the act of October 15, 1980 (P.L.950, No.164), known as the Commonwealth Attorneys Act, the commission shall appoint and direct attorneys as needed in the performance of the commission's duties required under this part.
Cross References.
Section 3004 is referred to in section 3006 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 71 - STATE GOVERNMENT › Chapter 30 - State Civil Service Commission and Director › Section 3005 - Qualifications, appointment and compensation of director

§ 3005. Qualifications, appointment and compensation of director.
(a) General rule.--
The director shall be an individual who is familiar with the principles and methods of personnel administration and the application of merit principles and scientific methods to public employment.
(b) Appointment.--
The director shall be appointed by the commission and serve at the pleasure of the commissioners.
(c) Salary.--
The director's salary shall be fixed by the commission with the approval of the Governor. The director shall hold no other paid public position.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 71 - STATE GOVERNMENT › Chapter 30 - State Civil Service Commission and Director › Section 3006 - Powers and duties of director

§ 3006. Powers and duties of director.
Under the direction and supervision of the commission, the director, except as otherwise provided in this part, shall direct and supervise the administrative work of the commission. The director shall have the power and duty to:
(1) Appoint staff to classified service positions as may be necessary to carry out this chapter and Chapter 31 (relating to hearings and records) and to supervise and direct this work.
(2) Attend the meetings of the commission.
(3) Prepare and recommend to the commission regulations and amendments to regulations.
(4) Administer the provisions of this chapter and Chapter 31 and of the regulations made under this chapter and Chapter 31.
(5) Investigate the effect of the administration of this chapter and Chapter 31 and of the regulations made under this chapter and Chapter 31 and to report the findings and recommendations to the commission.
(6) Make a report in writing, not later than November 1 of each year, concerning the administrative and legal work performed by the commission during the preceding fiscal year.
(7) Perform an act required under this chapter and Chapter 31 or regulations made under this chapter and Chapter 31 or directed by the commission.
(8) Request assistance from the attorneys appointed under section 3004 (relating to legal counsel) as may be necessary in the performance of the director's administrative duties.
(9) Advertise on the commission's publicly accessible Internet website and in all commission announcements and advertisements that veterans' preference is the law of this Commonwealth and that, to determine standing on all certified eligible lists, 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 the same preferential rating given to veterans under this part shall be extended to include spouses in accordance with 51 Pa.C.S. § 7108 (relating to preference of spouses).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 71 - STATE GOVERNMENT › Chapter 30 - State Civil Service Commission and Director › Section 3007 - Cooperation by officers and employees of the Commonwealth

§ 3007. Cooperation by officers and employees of the Commonwealth.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 71 - STATE GOVERNMENT › Chapter 30 - State Civil Service Commission and Director › Section 3008 - Periodic audits of employees by commission

§ 3008. Periodic audits of employees by commission.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 71 - STATE GOVERNMENT › Chapter 31 - Hearings and Records › Section 3101 - Public hearings

§ 3101. Public hearings.
(a) Public hearing.--
The commission shall hold a public hearing at which any citizen shall have the right to appear and be heard before submitting proposed regulations under the act of June 25, 1982 (P.L.633, No.181), known as the Regulatory Review Act, or adopting or amending the rules of the commission.
(b) Notice of hearing.--
Public notice of the public hearing shall be given in accordance with 65 Pa.C.S. Ch. 7 (relating to open meetings) and, at least seven days in advance of the hearing, by posting on a bulletin board maintained in or near the commission's principal office, in a place accessible to the public during business hours, a statement of the time and place of the hearing and of the matter to be considered. The commission shall also furnish at least 20 copies of the notice to the newspaper correspondents' office in the State Capitol and one copy of the notice to the Governor, each appointing authority and each member of the General Assembly. The commission may give further public notice of the hearings as it deems advisable.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 71 - STATE GOVERNMENT › Chapter 31 - Hearings and Records › Section 3102 - Oaths, testimony and production of papers

§ 3102. Oaths, testimony and production of papers.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 71 - STATE GOVERNMENT › Chapter 31 - Hearings and Records › Section 3103 - Records open to public

§ 3103. Records open to public.
(a) General rule.--
The minutes of the commission shall be preserved as permanent records. Correspondence, other papers and records of the commission shall be maintained for periods established in the commission's records retention schedule, which may, upon publication of notice in the Pennsylvania Bulletin, be changed at the discretion of the commission to meet the criteria and needs of the commission.
(b) Electronic records.--
The commission and the director, in their deliberations, may rely on computerized or electronically or mechanically reproduced records.
(c) Records to be public.--
On written request, supported by justification acceptable to the director and subject to reasonable regulation, all records of the commission shall be open to public inspection during ordinary business hours except as otherwise provided for under this chapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 71 - STATE GOVERNMENT › Chapter 31 - Hearings and Records › Section 3104 - False statements made under oath constitute perjury

§ 3104. False statements made under oath constitute perjury.
(a) Offense defined.--
A false statement made under oath in an application or other paper filed with the commission, in an investigation conducted by or under the direction of the commission or in proceedings arising under this part, shall be perjury and punishable under the provisions of 18 Pa.C.S. Ch. 49 (relating to falsification and intimidation).
(b) Penalty.--
An individual intentionally failing to disclose a material fact or in any manner concealing information in order to obtain employment or promotion under this part shall, in addition to any other penalty provided in this chapter, 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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 71 - STATE GOVERNMENT › Chapter 32 - Commission Funds, Costs and Service › Section 3201 - Receiving money and allocating or apportioning costs

§ 3201. Receiving money and allocating or apportioning costs.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 71 - STATE GOVERNMENT › Chapter 33 - Records, Status and Appropriations › Section 3301 - Transfer of records

§ 3301. Transfer of records.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 71 - STATE GOVERNMENT › Chapter 33 - Records, Status and Appropriations › Section 3302 - Status of certain employees

§ 3302. Status of certain employees.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 71 - STATE GOVERNMENT › Chapter 33 - Records, Status and Appropriations › Section 3304 - Audits of application of veterans' preference

§ 3304. Audits of application of veterans' preference.
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).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 71 - STATE GOVERNMENT › Chapter 41 - Independent Fiscal Office (Repealed) › Section 4101 - § 4114 - (Repealed)

2016 Repeal.
Chapter 41 (§§ 4101 - 4114) was added November 23, 2010, P.L.1269, No.120, and repealed July 20, 2016, P.L.849, No.100, effective immediately. The subject matter is now contained in Article VI-B of the act of April 9, 1929, P.L.177, No.175, known as The Administrative Code of 1929.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 71 - STATE GOVERNMENT › Chapter 51 - Preliminary Provisions › Section 5103 - Notice to members and participants

§ 5103. Notice to members and participants.
Notice by publication, including, without being limited to, newsletters, newspapers, forms, first class mail, letters, manuals and, to the extent authorized by a policy adopted by the board, electronically, including, without being limited to, e-mail or Internet websites, distributed or made available to members and participants in a manner reasonably calculated to give actual notice of the provisions of this part that require notice to members or participants shall be deemed sufficient notice for all purposes.
(Apr. 23, 2002, P.L.272, No.38, eff. imd.; June 12, 2017, P.L.11, No.5, eff. imd.)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 71 - STATE GOVERNMENT › Chapter 51 - Preliminary Provisions › Section 5104 - Reference to State Employees' Retirement System

§ 5104. Reference to State Employees' Retirement System.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 71 - STATE GOVERNMENT › Chapter 53 - Membership, Credited Service, Classes of Service, and Eligibility for Benefits › Section 5303.1 - Election to convert county service to State service

§ 5303.1. Election to convert county service to State service.
(a) General rule.--
County employees who are transferred to State employment pursuant to 42 Pa.C.S. § 1905 (relating to county-level court administrators) may elect to convert their county service in the retirement system or pension plan in which they were contributors immediately prior to the transfer to State employment.
(b) Time for making election.--
The election to convert county service to State service must be made by filing written notice with the board within 90 days after the transfer to State employment. An election to convert service shall be effective when filed with the board but shall not be effective before the date of transfer to State employment. An election to convert county service to State service shall be irrevocable.
(c) Effect of failure to make election.--
Failure to elect to convert county service to State service within the election period set forth in subsection (b) shall result in the county service not being converted to State service. Transferred employees who do not elect to convert county service to State service shall not have the opportunity to make a subsequent conversion election should they later obtain different employment in the unified judicial system or other State employment eligible for membership in the system.
(d) Effect of election.--
An election to convert county service to State service shall convert all county service in the retirement system or pension plan in which the transferred employee was a member immediately before the transfer to State employment, even if not performed as a judicial system employee of the county. The election shall not convert service in other retirement systems or pension plans that is not credited in the county plan from which the member is transferred. Once the conversion occurs, the converted service shall lose all attributes and characteristics as county service and shall be State service as set forth in this part.
(June 22, 1999, P.L.75, No.12, eff. imd.)
1999 Amendment.
Act 12 added section 5303.1. See sections 19, 22(b), 23 and 25 of Act 12 in the appendix to this title for special provisions relating to required membership in State Employees' Retirement System, contributions left in county retirement system, cancellation of previously credited county service and determination of final average salary.
Cross References.
Section 5303.1 is referred to in sections 5102, 5302, 5303, 5306, 5507, 5906, 5907, 5953.5 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 71 - STATE GOVERNMENT › Chapter 53 - Membership, Credited Service, Classes of Service, and Eligibility for Benefits › Section 5305.1 - Eligibility for actuarial increase factor

§ 5305.1. Eligibility for actuarial increase factor.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 71 - STATE GOVERNMENT › Chapter 53 - Membership, Credited Service, Classes of Service, and Eligibility for Benefits › Section 5306.1 - Election to become a Class AA member

§ 5306.1. Election to become a Class AA member.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 71 - STATE GOVERNMENT › Chapter 53 - Membership, Credited Service, Classes of Service, and Eligibility for Benefits › Section 5306.2 - Elections by members of the General Assembly

§ 5306.2. Elections by members of the General Assembly.
(a) General rule.--
A member of the General Assembly who on the effective date of this section is eligible for Class D-4 membership may elect to become a member of Class D-4. The election to become a Class D-4 member must be made by the member of the General Assembly by filing written notice with the board before July 1, 2001, or before the member terminates State service as a member of the General Assembly, whichever occurs first.
(b) Effect of election.--
Membership as a Class D-4 member shall become effective on July 1, 2001, and shall remain in effect until the termination of service as a member of the General Assembly 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 a 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.
(c) Effect of failure to make election.--
A member of the General Assembly who is a member of Class A as a result of failure to elect to become a member of another class or who is a member of another class other than Class D-4 as a result of electing membership in such class for legislative service shall not be eligible to receive or elect a different class of service for such legislative service either during the period of legislative service or upon termination and subsequent employment unless the State employee elects to become a member of Class A-5 or Class A-6 or solely a participant in the plan under section 5306.5.
(May 17, 2001, P.L.26, No.9, eff. imd.; June 12, 2017, P.L.11, No.5, eff. imd.)
2017 Amendment.
Act 5 amended subsecs. (b) and (c).
2001 Amendment.
Act 9 added section 5306.2.
Cross References.
Section 5306.2 is referred to in sections 5303, 5306 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 71 - STATE GOVERNMENT › Chapter 53 - Membership, Credited Service, Classes of Service, and Eligibility for Benefits › Section 5308.1 - Eligibility for special early retirement

§ 5308.1. Eligibility for special early retirement.
Notwithstanding any provisions of this title to the contrary, the following special early retirement provisions shall be applicable to specified eligible members:
(1) During the period of July 1, 1985, to September 30, 1991, an active member who has attained the age of at least 53 years and has accrued at least 30 eligibility points shall be entitled, upon termination of State service and compliance with section 5907(f) (relating to rights and duties of State employees, members and participants), to receive a maximum single life annuity calculated under section 5702 (relating to maximum single life annuity) without a reduction by virtue of an effective date of retirement which is under the superannuation age.
(2) During the period of July 1, 1985, to September 30, 1991, an active member who has attained the age of at least 50 years but not greater than 53 years and has accrued at least 30 eligibility points shall be entitled, upon termination of State service and compliance with section 5907(f), to receive a maximum single life annuity calculated under section 5702 with a reduction by virtue of an effective date of retirement which is under the superannuation age of a percentage factor which shall be determined by multiplying the number of months, including a fraction of a month as a full month, by which the effective date of retirement precedes the attainment of age 53 by 0.25%.
(3) During the period of October 1, 1991, to June 30, 1993, a member who has credit for at least 30 eligibility points shall be entitled, upon termination of service and filing of a proper application, to receive a maximum single life annuity calculated pursuant to section 5702 without any reduction by virtue of an effective date of retirement which is under the superannuation age.
(4) During the period of July 1, 1993, to July 1, 1997, a member who has credit for at least 30 eligibility points shall be entitled, upon termination of service and filing of a proper application, to receive a maximum single life annuity calculated pursuant to section 5702 without any reduction by virtue of an effective date of retirement which is under the superannuation age.
(June 29, 1984, P.L.450, No.95, eff. imd.; June 13, 1985, P.L.40, No.19, eff. imd.; July 8, 1986, P.L.435, No.91, eff. imd.; July 13, 1987, P.L.354, No.69, eff. imd.; Oct. 21, 1988, P.L.844, No.112, eff. Jan. 1, 1989; Aug. 5, 1991, P.L.183, No.23, eff. imd.; Apr. 29, 1994, P.L.159, No.29, eff. imd.; June 12, 2017, P.L.11, No.5, eff. imd.)
2017 Amendment.
Act 5 amended the intro. par. and par. (1).
1994 Amendment.
Act 29 amended the entire section, retroactive to July 1, 1993. See section 19 of Act 29 in the appendix to this title for special provisions relating to liability for additional benefits.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 71 - STATE GOVERNMENT › Chapter 53 - Membership, Credited Service, Classes of Service, and Eligibility for Benefits › Section 5308.2 - Eligibility for limited early retirement

§ 5308.2. Eligibility for limited early retirement.
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.