Pennsylvania Code › Title 22 - EDUCATION › Part XIII - Public School Employes' Retirement Board › Chapter 213 - CONTRIBUTIONS AND BENEFITS › BENEFITS › Section 213.46 - Termination of annuities

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Return to school service or entering school service
. An
				  annuity payable under the Retirement Code will be automatically discontinued if
				  the annuitant returns to school service or enters State service and elects
				  multiple service except as otherwise provided in section 8346 of the Retirement
				  Code (relating to termination of annuities).
(b)
Entering State service
.
				  An annuity payable under the Retirement Code shall also cease if the annuitant
				  enters State service and elects multiple service membership within 365 days
				  thereafter, which shall cover all periods of subsequent State service until
				  there is a discontinuance thereof. An annuitant entering State service, who has
				  failed to elect multiple service membership within 365 days thereafter, is not
				  eligible to elect the membership.
(c)
Return to school service in the
				  event of emergency or shortage
. An annuitant returning to school
				  service in an emergency or shortage situation, as provided in section 8346(b)
				  of the Retirement Code, and who works beyond the school year during which the
				  emergency or shortage occurs, shall suffer discontinuance of an annuity
				  thereafter, and the Board will make adjustment as the case may
				  warrant.
(d)
Return to
				  school service in an extracurricular position
. An annuitant may be
				  employed under separate contract by a public school or charter school in an
				  extracurricular position that is performed primarily outside regular
				  instructional hours and is not part of a mandated curriculum without loss of
				  annuity. For purposes of this section, the term "extracurricular position"
				  means a contract position, including the position of athletic director, filled
				  by an annuitant that is separate from the established academic course
				  structure.
(e)
Termination
				  of annuitants-independent contractor
. An annuitant may render service
				  without discontinuance of an annuity if the annuitant renders it in the
				  capacity of an independent contractor for a sum certain and for a specific
				  period of time, under a contract approved by the employer. The Board has the
				  right to determine whether the services to be performed are such as to warrant
				  the conclusion that it is an independent contract relationship. The Board may
				  also inquire as to the circumstances surrounding an annuitant who seeks to
				  render services as an independent contractor to determine whether the
				  relationship does exist, thereby entitling the person to both an annuity and
				  the contractor or consultant fees simultaneously. In any case in which the
				  Board finds that the relationship may be contrary to the intent of this
				  section, the Board has the right to discontinue the annuity or make the
				  adjustment as the circumstances warrant.
(f)
Retirement Code
				  reference
: Section 8346 of the Retirement Code.