Pennsylvania Code › Title 22 - EDUCATION › Part XIII - Public School Employes' Retirement Board › Chapter 213 - CONTRIBUTIONS AND BENEFITS › GENERAL PROVISIONS › Section 213.4 - Creditable nonschool service

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Creditable nonschool service may be
				  purchased only by an active member or a multiple service active member of the
				  State Employees' Retirement System.
(b) Creditable nonschool service shall be
				  available to all members identified in subsection (a), except those who may be
				  entitled to receive, eligible to receive, now or in the future, or are
				  currently receiving retirement or pension benefits for the service under a
				  retirement or pension program administered and wholly or partially paid for by
				  another governmental agency or by a private employer or by a retirement program
				  approved by the employer in accordance with the optional retirement provisions
				  authorized in section 8301(a)(1) of the Retirement Code (relating to mandatory
				  and optional membership).
(c)
				  Intervening military service shall be service of an active nature rendered to
				  the armed forces of the United States for which an active member had school
				  service interrupted so that the member could serve voluntarily or otherwise to
				  fulfill a draft obligation in time of war or armed conflict. Intervening
				  military service shall be disallowed or canceled when the required military
				  tour of duty has been voluntarily extended beyond the time of military
				  obligation, with or without the implied or express consent of the
				  employer.
(d) An active member may
				  purchase other military service, of a nonintervening nature, not exceeding 5
				  years, for service rendered only to the armed forces of the United States
				  before the member commenced his most recent school employment. An active member
				  who is receiving disability compensation based on a service-connected injury or
				  illness as a result of active military service shall be eligible for credit for
				  intervening or nonintervening military service.
(e) Purchase limitations for intervening and
				  nonintervening military service and conditional credit shall be as follows:
(1) An active member may not purchase
				  intervening or nonintervening military service, if the member has obtained
				  credit and is eligible now or in the future to receive a pension for this
				  service from another employer or governmental agency. Upon application to
				  purchase this service, the member shall be required to submit proof as to
				  eligibility or ineligibility for any pension benefits from the other employer
				  or governmental agency, as the Board may require. If the Board determines that
				  this service is ineligible, the application will be denied. If the Board later
				  determines that the purchased service should have been ineligible, it will
				  cancel the service purchased and refund to the member the accumulated
				  deductions attributable to this service at the time of retirement or
				  termination of service, unless cancellation and refund is requested prior
				  thereto. If subsequent to retirement, the Board learns that a member has
				  falsified a record, it may take action as is otherwise provided in the
				  Retirement Code.
(2) Conditional
				  credit for nonintervening military service shall be available for all active
				  military service actually rendered for which purchase shall be requested but
				  may not exceed 5 years of the service, provided the member has 3 years of
				  credited school service subsequent to the military service for which credit is
				  requested.