reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 22 - EDUCATION › Part XII - Basic Education › Chapter 171 - STANDARDS FOR APPROVED PRIVATE SCHOOLS › Subchapter A - GENERAL PROVISIONS › Section 171.23 - Application for approved private school status

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule.
A private
				  school program will be approved after the submission of an approvable
				  application and the satisfactory completion of an onsite evaluation. Each
				  program offered by the private school shall be approved. Disapproval of a
				  program will be considered an adjudication under
				  2
				  Pa.C.S. §§
											501-508 and
				  701-704 (relating to
				  practice and procedure of Commonwealth agencies and judicial review of
				  Commonwealth agency action), and notices, hearings and appeals will be
				  conducted in accordance with the statute.
(b)
Existing program.
The
				  program for handicapped persons for which the licensed private school is
				  requesting approval shall have been in operation for at least 1 year.
(c)
Experimental programs.
The Secretary may grant exceptions to the provisions of Chapter 14 (relating to
				  special education services and programs) to meet certain unique programmatic
				  needs of exceptional persons in approved private schools. The exceptions will
				  be evaluated annually by the Secretary and may be terminated at the discretion
				  of the Secretary.
(d)
Mainstreaming.
Cooperative programs between a public school
				  and an approved private school may be approved by the Secretary.
(e)
Vocational programs.
Payment for the audited costs of vocational education programs will be made
				  only when the Department has both approved programs and deemed them to be
				  necessary because of the unavailability of appropriate programs for the
				  students enrolled there.
(f)
Programs for multihandicapped.
An increase in the maximum
				  rate payable for a program of instruction and maintenance for students having
				  two or more severe handicaps may be approved only if the private school
				  requesting the payment, at the time of the schools initial agreement to enroll
				  a multihandicapped child:
(1) Has a specific
				  approval from the Department for a program appropriate to at least one of the
				  severe handicapping conditions.
(2)
				  Demonstrates to the Department that the actual costs of instruction and
				  maintenance are required to be increased in order to provide an appropriate
				  program to a student having two or more severe handicaps; the approved increase
				  in the maximum rate payable may not exceed these actual costs or the maximum
				  increase allowable by law, whichever is lower; see section 1376(f) of the
				  Public School Code of 1949 (24 P. S. §
												13-1376(f)).
(3) Demonstrates to the Department that the
				  school can provide a program, appropriate to the needs of the child having two
				  or more severe handicaps, that specifically addresses those handicaps for which
				  the school does not have program approval.
Pennsylvania Code › Title 22 - EDUCATION › Part XII - Basic Education › Chapter 171 - STANDARDS FOR APPROVED PRIVATE SCHOOLS › Subchapter C - INTERIM AUDIT STANDARDS › Section 171.201 - Purpose and applicability

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  The purpose of these audit standards is to ensure that revenues provided by the
				  Commonwealth for students whose placement in the approved private school has
				  been approved by the Department have been spent on the provision of education
				  services, including residential services in some cases, to children who are
				  residents of this Commonwealth and who have been approved by the Department
				  under § 171.16 (relating to assignment).
(b) These interim standards apply to audits
				  conducted after July 1, 2005, and will apply until final standards are
				  promulgated.
Pennsylvania Code › Title 22 - EDUCATION › Part XII - Basic Education › Chapter 171 - STANDARDS FOR APPROVED PRIVATE SCHOOLS › Subchapter C - INTERIM AUDIT STANDARDS › Section 171.202 - General guidelines

Current through Register Vol. 54, No. 28, July 13, 2024
An approved private school shall maintain an accounting and
					 bookkeeping system in accordance with the following standards:
(1) Accounts shall be kept in accordance with
				  Generally Accepted Accounting Principles (GAAP) as defined by the American
				  Institute of Certified Public Accountants, except as modified by §
										171.205 (relating to exceptions to
				  Generally Accepted Accounting Principles).
(2) Costs shall be properly assigned to a
				  specific cost objective and indirect costs shall be allocated to direct costs.
				  If multiple cost objectives are involved, financial information shall be
				  segregated by cost objective in the bookkeeping records.
(3) Bookkeeping records must include the
				  following:
(i) Cash receipts
				  journal.
(ii) Cash disbursements
				  journal.
(iii) General
				  ledger.
(iv) Payroll
				  journal.
(v) Fixed asset and
				  depreciation listings.
Pennsylvania Code › Title 22 - EDUCATION › Part XII - Basic Education › Chapter 171 - STANDARDS FOR APPROVED PRIVATE SCHOOLS › Subchapter C - INTERIM AUDIT STANDARDS › Section 171.203 - Form of records

Current through Register Vol. 54, No. 28, July 13, 2024
The financial records that are required to be created and
					 maintained under these standards may be in electronic form, rather than paper
					 form.
Pennsylvania Code › Title 22 - EDUCATION › Part XII - Basic Education › Chapter 171 - STANDARDS FOR APPROVED PRIVATE SCHOOLS › Subchapter C - INTERIM AUDIT STANDARDS › Section 171.204 - Related party transactions

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  Related party transactions will be presented and disclosed in accordance with
				  Generally Accepted Accounting Principles.
(b) Related parties include the following:
(1) Affiliates of the enterprise.
(2) Entities for which investments are
				  accounted for by the equity method by the enterprise.
(3) Trusts for the benefit of employees, such
				  as pension and profit-sharing trusts that are managed by or under the
				  trusteeship of management.
(4)
				  Principal owners of the enterprise and its management.
(5) Members of the immediate families of
				  principal owners of the enterprise and its management.
(6) Other parties with which the enterprise
				  may deal if one party controls or can significantly influence the management or
				  operating policies of the other to an extent that one of the transacting
				  parties might be prevented from fully pursuing its own separate
				  interests.
Pennsylvania Code › Title 22 - EDUCATION › Part XII - Basic Education › Chapter 171 - STANDARDS FOR APPROVED PRIVATE SCHOOLS › Subchapter C - INTERIM AUDIT STANDARDS › Section 171.205 - Exceptions to Generally Accepted Accounting Principles

Current through Register Vol. 54, No. 28, July 13, 2024
The schedule of expenses prepared by the school shall be
					 presented in accordance with Generally Accepted Accounting Principles, with the
					 exception of the following, which will not be included:
(1) Bad debts.
(2) Unsubstantiated related party
				  costs.
(3) Cost of any individual
				  insurance policies on the lives of officers, executives, administrators and
				  other key staff.
(4) Expenses paid
				  with funding from another governmental entity, other than funding from the
				  Department for approved students.
(5) Fines, penalties, costs and damages
				  assessed for failure to comply with Federal, State or local laws.
(6) Costs related to meal service for staff
				  members who are not involved in direct supervision of students.
(7) Interest costs on loans from related
				  parties at rates above the fair market rate available to the school.
(8) Lobbying efforts to influence the outcome
				  of any Federal, State or local election, referendum, initiative or similar
				  activity, or to promote the introduction, enactment, or modification of any
				  current or future Federal or State legislation.
(9) Gains or losses on the sale of school
				  assets.
(10) Rental costs in a
				  related party transaction that are found to be above the fair market rental
				  value of the property.
(11)
				  Scholarships and discounts to students or their parents or other third
				  parties.
(12) Administrative costs,
				  as defined in §
										171.206 (relating to
				  administrative costs), in excess of 10% of total costs.
(13) Any money judgment, in excess of the
				  deductible under an insurance policy, entered against the school or
				  organization in administrative or court litigation and any settlement amounts,
				  in excess of the deductible under an insurance policy, to avoid
				  litigation.
(14) Costs associated
				  with medical personnel that are not related to the provision of a student's
				  individualized education plan, except for costs related to a prudent level of
				  oversight of students.
This section cited in 22 Pa. Code §
												171.202 (relating to general
						guidelines).
Pennsylvania Code › Title 22 - EDUCATION › Part XII - Basic Education › Chapter 171 - STANDARDS FOR APPROVED PRIVATE SCHOOLS › Subchapter C - INTERIM AUDIT STANDARDS › Section 171.206 - Administrative costs

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  Administrative costs are those costs that have been incurred for the operation
				  of the executive and administrative offices of the organization and do not
				  relate solely to any major function of the organization. This administrative
				  expense category also includes its allocable share of fringe benefit costs,
				  operation and maintenance expense, depreciation and use allowances and interest
				  costs.
(b) Costs or expenses
				  related to the following functions are considered as administrative and are
				  subject to the 10% administrative cap except when and to the extent that the
				  costs or expenditures are incurred as a result of providing educational
				  services to children who are residents of this Commonwealth and who have been
				  approved by the Department through the PDE-4010 process. To the extent that the
				  following costs are for educational services, they are not subject to the
				  administrative cap and are reported in the schedule of operating expenses:
(1) Activities of the board of
				  directors.
(2) Executive
				  management.
(3) Staff relations and
				  labor negotiations.
(4) Activities
				  or programs operated to improve or sustain relations between the community and
				  the school.
(5) Activities
				  concerned with the fiscal operations and purchasing activities of the
				  school.
(6) Printing, publishing
				  and duplicating administrative publications such as annual reports, school
				  directories and manuals.
(7)
				  Conducting and managing programs of planning, research development and
				  evaluation for the school.
(8)
				  Activities concerned with writing, editing and other preparation necessary to
				  disseminate educational and administrative information to students, staff,
				  managers and the public through direct mailing, the various news media or
				  personal contact.
(9) Human
				  resources activities, including recruiting, placement and staff
				  transfers.
(10) Activities
				  concerned with preparing data for storage or storing and retrieving data for
				  management reporting.
(11)
				  Activities concerned with acquiring, conducting and managing programs or
				  planning, administration, implementation, coordination, reporting or evaluation
				  of programs and projects that are State or Federally funded.
(12) Activities designed to assist executive
				  management with administrative functions so that they might accomplish the
				  duties quickly and efficiently.
Pennsylvania Code › Title 22 - EDUCATION › Part XII - Basic Education › Chapter 171 - STANDARDS FOR APPROVED PRIVATE SCHOOLS › Subchapter C - INTERIM AUDIT STANDARDS › Section 171.207 - Payments in excess of expenditures

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If the amount of reportable costs in
				  2004-05 is less than the amount of revenues received by the schools for 2004-05
				  from the Commonwealth for the provision of educational services to children who
				  have been approved through the PDE-4010 process, the difference may be retained
				  by the school for use in 2005-06.
(b) Beginning in 2005-06, if the amount of
				  reportable costs in a year is less than the amount of revenues received in that
				  year by the school from the Commonwealth for the provision of educational
				  services to children who have been approved through the PDE-4010 process, the
				  difference will be remitted to the Commonwealth. Those funds shall be deposited
				  in the Audit Resolution Fund for the resolution of previous audits.
Pennsylvania Code › Title 22 - EDUCATION › Part XII - Basic Education › Chapter 181 - MENTALLY RETARDED EXCEPTIONAL CHILDREN › Section 181.1 - Children in private schools

Current through Register Vol. 54, No. 28, July 13, 2024
In order that school age mentally retarded children in this
				  Commonwealth receive an opportunity to secure a tax-supported free public
				  program of education when these children are currently or hereafter enrolled in
				  licensed private academic schools, the procedures set forth in §§ 181.2-181.7
				  shall be observed.
Pennsylvania Code › Title 22 - EDUCATION › Part XII - Basic Education › Chapter 181 - MENTALLY RETARDED EXCEPTIONAL CHILDREN › Section 181.2 - Annual reports

Current through Register Vol. 54, No. 28, July 13, 2024
Licensed private academic schools having exceptional children
				  enrolled therein shall immediately, and hereafter annually on or before
				  February 1, provide to the intermediate unit in which they are situated, a list
				  of all mentally retarded exceptional children enrolled, setting forth the
				  following:
(1) Name and home address
				of each child and his parents or guardian.
(2) Nature of the child's exceptionality
				including primary and secondary exceptionalities when present.
This section cited in 22 Pa. Code §
											181.1 (relating to children in
					 private schools); and 22 Pa. Code §
											181.7 (relating to cost
					 reporting).
Pennsylvania Code › Title 22 - EDUCATION › Part XII - Basic Education › Chapter 181 - MENTALLY RETARDED EXCEPTIONAL CHILDREN › Section 181.3 - Notice to parents

Current through Register Vol. 54, No. 28, July 13, 2024
Upon receipt of this information the intermediate unit shall
				  notify the parents or guardian of each mentally retarded child of that child's
				  right to a tax-supported free public program of education. This notice shall
				  include the following:
(1) The address
				of the school district and intermediate unit responsible for the education of
				that child.
(2) An instruction to
				the parents or guardian to contact that school district or intermediate unit if
				that parent or guardian desires to obtain a tax-supported free public program
				of education for that child in the public schools. A disclaimer is
				required.
This section cited in 22 Pa. Code §
											181.1 (relating to children in
					 private schools).
Pennsylvania Code › Title 22 - EDUCATION › Part XII - Basic Education › Chapter 181 - MENTALLY RETARDED EXCEPTIONAL CHILDREN › Section 181.4 - Free public education

Current through Register Vol. 54, No. 28, July 13, 2024
Enrollment in a tax-supported free public program of
				  education shall be done in accordance with Chapter 14 (relating to special
				  education services and programs) and other laws and regulations of this
				  Commonwealth.
This section cited in 22 Pa. Code §
											181.1 (relating to children in
					 private schools).
Pennsylvania Code › Title 22 - EDUCATION › Part XII - Basic Education › Chapter 181 - MENTALLY RETARDED EXCEPTIONAL CHILDREN › Section 181.5 - Placement

Current through Register Vol. 54, No. 28, July 13, 2024
In determining appropriate placement, special reference must
				  be made to Attorney General's Opinion No. 137 of 1972, 2 Pa.B. 1581 which
				  directs that among alternative placements under consideration:
(1) Preferred placement is in a regular
				public school class.
(2) Placement
				in a special education public school class is preferred to placement in any
				other type of program of education and training.
This section cited in 22 Pa. Code §
											181.1 (relating to children in
					 private schools).
Pennsylvania Code › Title 22 - EDUCATION › Part XII - Basic Education › Chapter 181 - MENTALLY RETARDED EXCEPTIONAL CHILDREN › Section 181.6 - Department approval

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
				school district or intermediate unit desiring to place a mentally retarded
				child in an approved private academic school at Commonwealth expense shall, in
				addition to any of the procedures required by law or regulation, notify the
				Department of its proposed placement and seek approval thereof.
(b) A placement may not be made, and payments
				will not be provided by the Commonwealth unless the proposal is approved by the
				Department.
This section cited in 22 Pa. Code §
											181.1 (relating to children in
					 private schools).
Pennsylvania Code › Title 22 - EDUCATION › Part XII - Basic Education › Chapter 181 - MENTALLY RETARDED EXCEPTIONAL CHILDREN › Section 181.7 - Cost reporting

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				Each private school, as defined in §
									181.2 (relating to annual reports)
				shall immediately, and hereafter annually, on or before the first day of
				February, provide the Department with an analysis of the total lists of pupil
				enrollment in each school, including a breakdown of the following costs on a
				"per pupil" basis:
(1) Room and board (if
				applicable).
(2) Basic education
				costs.
(3) Ancillary services
				(examples: speech, physical therapy).
(4) Medical services.
(5) Other charges (itemized).
Pennsylvania Code › Title 22 - EDUCATION › Part XIII - Public School Employes' Retirement Board › Chapter 201 - APPLICABILITY OF GENERAL RULES › Section 201.1 - Applicability of general rules

Current through Register Vol. 54, No. 28, July 13, 2024
Under 1 Pa. Code §
									31.1 (relating to scope of part),
				  1 Pa. Code Part II (relating to General Rules of Administrative Practice and
				  Procedure), is applicable to the activities of and proceedings before the
				  Board, except as provided in, or inconsistent with, this
				  chapter.
Pennsylvania Code › Title 22 - EDUCATION › Part XIII - Public School Employes' Retirement Board › Chapter 201 - APPLICABILITY OF GENERAL RULES › Section 201.2a - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In addition to
				the definitions in 1 Pa. Code §
									31.3 (relating to definitions), as
				used in this chapter, the following words and terms have the following
				meanings, unless the context clearly indicates otherwise:
Adjudicatory benefit appeal
-An appeal from
				  the ESRC to the Board in which a formal hearing is requested and in which an
				  adjudication of the Board is issued under
				  2
				  Pa.C.S. §§
											501-508 and
				  701-704 (relating to
				  Administrative Agency Law) and 1 Pa. Code Part II (relating to General Rules of
				  Administrative Practice and Procedure).
Board
-The Public School Employees'
				  Retirement Board.
Claimant
-An individual who, or entity that,
				  has requested an adjudicatory benefit appeal.
Executive Director
-The appointed executive
				  director of the System. The Executive Director of the System is also the
				  Secretary of the Board.
ESRC
-The Executive Staff Review Committee,
				  which consists of the Executive Director and additional senior staff members as
				  appointed by the Executive Director.
Hearing examiner
-A presiding officer
				  appointed to hear an adjudicatory benefit appeal in accordance with 1 Pa. Code
				  §
										35.185 (relating to designation of
				  presiding officers).
Nonadjudicatory benefit appeal
-An appeal to
				  the ESRC, which is resolved without conducting a hearing or issuing an
				  adjudication.
Party
-An individual or entity participating
				  in an adjudicatory benefit appeal, including an intervenor and any person or
				  entity joined to the appeal.
Retirement Code
-The Public School Employees'
				  Retirement Code (24 Pa.C.S. §§
											8101-8535).
Secretary of the Board
-The appointed
				  Secretary of the Board as provided in the Retirement Code. The Secretary of the
				  Board is also the Executive Director of the System.
Subordinate officer
-
(i) An officer or employee of the
				System.
(ii) The term does not
				include the Executive Director, Secretary of the Board or the Board.
System
-The Public School Employees'
				  Retirement System.
Pennsylvania Code › Title 22 - EDUCATION › Part XIII - Public School Employes' Retirement Board › Chapter 201 - APPLICABILITY OF GENERAL RULES › Section 201.3a - Nonadjudicatory benefit appeal

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				Benefit appeals from actions of subordinate officers of the System shall be
				made to the ESRC and shall be nonadjudicatory.
(b) A letter from the System taking an action
				or making a determination on behalf of the System shall constitute action of a
				subordinate officer. A letter shall constitute action of a subordinate officer
				whether or not the letter states that an appeal must be taken within 30
				days.
(c) An appeal to the ESRC
				shall be received by the System within 30 days after the date of the letter
				from the System taking an action or making a determination on behalf of the
				System. If a claimant fails to appeal an action or determination by a
				subordinate officer to the ESRC within the prescribed time, the action of the
				subordinate officer will become final.
(d) An appeal to the ESRC must be made in
				writing and addressed to:
Executive Staff Review Committee Public School Employees'
				  Retirement System P. O. Box 125 Harrisburg, Pennsylvania 17108-0125
(e) The ESRC will meet as
				necessary to review and decide nonadjudicatory benefit appeals. If the appeal
				is granted, the claimant will be notified in writing and the matter will be
				closed. If the appeal is denied, in full or in part, the claimant shall have
				the right to appeal the denial to the Board. The ESRC will send the claimant a
				denial letter explaining why the appeal is denied, and advise the claimant of
				the right to appeal to the Board and request an adjudicatory benefit appeal and
				administrative hearing within 30 days after the date of the denial
				letter.
(f) The Executive Director
				or a designee will maintain a record of the decisions of the ESRC and report to
				the Board the results of each decision by the ESRC, which will include a brief
				summary of the issues involved.
(g)
				This section supersedes 1 Pa. Code §
									35.20 (relating to appeals from
				actions of the staff).
Pennsylvania Code › Title 22 - EDUCATION › Part XIII - Public School Employes' Retirement Board › Chapter 201 - APPLICABILITY OF GENERAL RULES › Section 201.4a - Adjudicatory benefit appeal and request for administrative hearing

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An adjudicatory
				benefit appeal and request for administrative hearing from a denial letter from
				the ESRC must be in writing and received by the Board within 30 days after the
				date of the ESRC denial letter.
(b)
				An adjudicatory benefit appeal and request for administrative hearing must be
				addressed to:
Appeal Docket Administrator Public School Employees'
				  Retirement Board P. O. Box 125 Harrisburg, Pennsylvania 17108-0125
(c) If a claimant fails to appeal
				a decision of the ESRC to the Board within the prescribed time, the decision of
				the ESRC is deemed final.
(d)
				Appeals to the Board from the ESRC as to which no motions are filed under §
									201.6 (relating to motions
				practice) will be referred to a hearing examiner under 1 Pa. Code Chapter 35,
				Subchapter E (relating to presiding officers) to conduct a hearing and prepare
				a recommended decision to the Board under 1 Pa. Code §§
									35.202 and
				35.205 (relating to proceedings in
				which proposed reports are prepared; and contents of proposed
				reports).
Pennsylvania Code › Title 22 - EDUCATION › Part XIII - Public School Employes' Retirement Board › Chapter 201 - APPLICABILITY OF GENERAL RULES › Section 201.5a - Authorization of Secretary of the Board

Current through Register Vol. 54, No. 28, July 13, 2024
The Secretary of the Board will be authorized to execute and
				  issue routine and uncontested orders on behalf of the Board, including, but not
				  limited to, the following:
(1) An
				order to dismiss when a claimant has withdrawn a request for an
				adjudication.
(2) An order granting
				an extension of time to file a document.
(3) An order granting the right of a third
				party to intervene in a pending appeal.
Pennsylvania Code › Title 22 - EDUCATION › Part XIII - Public School Employes' Retirement Board › Chapter 201 - APPLICABILITY OF GENERAL RULES › Section 201.6 - Motions practice

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Preliminary objections
. The System may, before filing an
				answer, file preliminary objections directly with the Board. The preliminary
				objections will conform to Pa.R.C.P. No. 1028 (relating to preliminary
				objections).
(b)
Summary
				judgment
. The System or the claimant may file a motion for summary
				judgment directly with the Board. The motion must conform to Pa.R.C.P. Nos.
				1035.1-1035.5.
(c) The Board will
				rule directly on preliminary objections or motions for summary judgment unless,
				by order, it delegates the matter to a hearing examiner to prepare a proposed
				opinion and recommendation under §
									201.12 (relating to oral argument
				before the Board).
(d) This section
				supersedes 1 Pa. Code §
									35.54 (relating to motions as to
				complaint).
This section cited in §
											201.4a (relating to adjudicatory
					 benefit appeal and request for administrative
					 hearing).
Pennsylvania Code › Title 22 - EDUCATION › Part XIII - Public School Employes' Retirement Board › Chapter 201 - APPLICABILITY OF GENERAL RULES › Section 201.7 - Service and return of subpoenas

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Service of subpoenas will be made by any
				of the methods authorized by Pa.R.C.P. No. 234.2(b) (relating to Subpoena.
				Issuance. Service. Compliance. Fees. Prisoners.). It will not be necessary that
				witness fees be tendered at the time of service of the subpoena, but the
				subpoena must include a notice that the witness may request in writing the
				payment of the witness fees provided in Pa.R.C.P. No. 234.2(c). The written
				request shall be made to the party (or his counsel) on whose behalf the
				subpoena is issued. The party (or his counsel) on whose behalf the subpoena is
				issued shall remit the witness fees to the witness within 14 days after the
				date of the letter requesting payment of witness fees or before the date of the
				hearing, whichever comes first.
(b)
				This section supersedes 1 Pa. Code §
									35.142(b)
				(relating to service and return of subpoenas) and supplements 1 Pa. Code §§
									35.139 and
				35.142(c)
				(relating to fees of witnesses; and subpoenas).
Pennsylvania Code › Title 22 - EDUCATION › Part XIII - Public School Employes' Retirement Board › Chapter 201 - APPLICABILITY OF GENERAL RULES › Section 201.8 - Dismissal for nonappearance

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				Whenever a claimant fails to appear, either in person or through counsel, for a
				scheduled hearing without good cause, the hearing examiner will issue a
				recommendation to dismiss the case, without considering the merits of the
				claim.
(b) This section supplements
				1 Pa. Code §§
									35.125,
				35.187 and
				35.205 (relating to order of
				procedure; authority delegated to presiding officers; and contents of proposed
				reports).
Pennsylvania Code › Title 22 - EDUCATION › Part XIII - Public School Employes' Retirement Board › Chapter 201 - APPLICABILITY OF GENERAL RULES › Section 201.9 - Introduction of documents from the System's records

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Documents from the System's records need
				not be certified or authenticated under
				42 Pa.C.S. §§
										6103 and
				6104(a) (relating to proof
				of official records; and effect of official records generally) to be admitted
				into evidence in an administrative hearing.
(b) Any subordinate officer who has access to
				the System's records, and has knowledge regarding the identity and mode of
				preparation of the records prepared by the System and the filing with, and
				maintenance of records by the System in the regular course of the System's
				business will be qualified to identify any documents or other records on file
				with the System in any hearing and to testify regarding the documents or other
				records.
(c) This section
				supplements 1 Pa. Code §§
									35.161 and
				35.164 (relating to form and
				admissibility of evidence; and documents on file with agency).
Pennsylvania Code › Title 22 - EDUCATION › Part XIII - Public School Employes' Retirement Board › Chapter 201 - APPLICABILITY OF GENERAL RULES › Section 201.10 - Briefs

Current through Register Vol. 54, No. 28, July 13, 2024
(a) After the close
				of the testimony, the hearing examiner will fix a briefing schedule. Unless
				otherwise agreed to by all parties and the hearing examiner, the claimant, or
				other party upon whom rests the burden of proof, shall file the first brief,
				followed by the brief of the System and a reply brief by the claimant or other
				party who filed the first brief. Briefs must conform to 1 Pa. Code §
									35.192 (relating to content and
				form of briefs). A party upon whom rests the burden of proof may not be denied
				the right to file a reply brief. Any party may waive the right to file a brief
				or reply brief, either on the record, or in writing to the hearing examiner, in
				either of which events, the hearing examiner will note that fact on the record,
				deduct the time allotted for the filing of the briefs from the briefing
				schedule and prepare an opinion and recommendation for the Board without the
				benefit of a brief on behalf of the party who elected to waive the filing of a
				brief.
(b) Both the claimant and
				the System shall be entitled to file letter briefs to the hearing examiner. The
				letter briefs need not conform to 1 Pa. Code §§
									35.191 and
				35.192 (relating to proceedings in
				which briefs are to be filed; and content and form of briefs), but the letter
				briefs may not be more than 3 pages in length.
(c) This section supplements 1 Pa. Code §§
				35.191 and
				35.192.
Pennsylvania Code › Title 22 - EDUCATION › Part XIII - Public School Employes' Retirement Board › Chapter 201 - APPLICABILITY OF GENERAL RULES › Section 201.11 - Proposed opinion and recommendation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Unless otherwise ordered by the Board,
				the hearing examiner will file a proposed opinion and recommendation to the
				Board in cases when an administrative hearing has been held before a hearing
				examiner. The contents of the proposed opinion and recommendation will be in
				accordance with 1 Pa. Code §
									35.205 (relating to contents of
				proposed reports) and will also include a discussion of the matter. The
				proposed opinion and recommendation will not become the opinion and order of
				the Board unless it is adopted by the Board.
(b) The proposed opinion and recommendation
				shall be filed with the System, together with the transcript of testimony,
				exhibits and briefs, all of which shall become part of the record. At the same
				time the proposed opinion and recommendation is filed with the System, the
				hearing examiner will serve copies upon all parties and staff
				counsel.
(c) The Board may adopt or
				reject, in whole or in part, or supplement the proposed opinion and
				recommendation or issue its own opinion and order, whether or not exceptions to
				the proposed opinion and recommendation are filed by any party. When exceptions
				are filed, the Board will rule on the exceptions.
(d) Any party may file exceptions in
				accordance with 1 Pa. Code §§
									35.211 and
				35.212 (relating to procedure to
				except to proposed report; and content and form of briefs on
				exceptions).
(e) This section
				supplements 1 Pa. Code §§
									35.202,
				35.207 and
				35.226(a)(2)
				(relating to proceedings in which proposed reports are prepared; service of
				proposed reports; and relating to final orders).
Pennsylvania Code › Title 22 - EDUCATION › Part XIII - Public School Employes' Retirement Board › Chapter 201 - APPLICABILITY OF GENERAL RULES › Section 201.12 - Oral argument before the Board

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				The right to oral argument is discretionary with the Board and will be granted
				to the extent the Board believes it will be helpful in enabling the Board to
				acquire an understanding of and to resolve the issues. When oral argument is
				granted, the Secretary of the Board will schedule the argument for the next
				available Board meeting.
(b) If a
				party filing exceptions to a recommendation of the hearing examiner wishes oral
				argument before the Board, the party shall file the request for oral argument
				with the exceptions.
(c) If a party
				seeks oral argument in a case in which exceptions have been filed by the System
				to a recommendation of the hearing examiner that is in favor of a claimant, the
				request for oral argument shall be filed with or before the party's response to
				the System's exceptions. In that case, the Secretary of the Board will grant
				oral argument and schedule it for the next available Board meeting.
(d) Oral argument will be limited to a
				maximum of 10 minutes for each party, unless otherwise directed by the Board.
				The claimant, as the party with the burden of proof, shall argue first. If
				there are more than two parties to the appeal, the Secretary of the Board will
				establish the order of argument consistent with who has the burden of proof.
				New evidence will not be accepted at the oral argument.
(e) At the conclusion of the oral argument,
				the Board will discuss and decide the case. The Board may table the case for
				further consideration at a future meeting. The Board may also elect to discuss
				all or part of the case in executive session in accordance with 65 Pa.C.S.
				Chapter 7 (relating to the Sunshine Act).
(f) The Board's counsel will draft a proposed
				adjudication in accordance with the Board's decision. The proposed adjudication
				will be presented to the Board at the Board meeting next following the Board's
				determination of the case, unless the Board agrees to have the proposed
				adjudication issued without further review by the Board.
(g) This section supersedes 1 Pa. Code §§
									35.214 and
				35.226(a)(2)
				(relating to oral argument on exceptions; and final orders).
Pennsylvania Code › Title 22 - EDUCATION › Part XIII - Public School Employes' Retirement Board › Chapter 211 - PRELIMINARY PROVISIONS › Section 211.1 - Short title of part

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				Chapters 211, 213 and 215 (relating to preliminary provisions; contributions
				and benefits; and general administration) are promulgated under the Retirement
				Code.
(b)
Retirement Code
				reference
: Section 8101 of the Retirement Code (relating to short
				title of part).
The provisions of this §
											211.1 amended under the Public
					 School Employees' Retirement Code,
					 24 Pa.C.S. §
												8502(h).
Pennsylvania Code › Title 22 - EDUCATION › Part XIII - Public School Employes' Retirement Board › Chapter 211 - PRELIMINARY PROVISIONS › Section 211.3 - Construction

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Former
				annuitants who are active members of the System on October 2, 1975, are not
				subject to the recalculation of annuities of annuitants who return to school
				service thereafter.
(b) The rights
				of members of Class T-B, as provided in section 301(2)(c) and (d) of the Public
				School Employees' Retirement Code of 1959 (24 P. S. §
										3301(2)(c) and (d)
				(repealed)) shall continue.
(c) The
				provisions relating to former teachers as provided in sections 303(3) and
				407(1) of the Public School Employees' Retirement Code of 1959 (24 P. S. §§
										3303(3) and
				3407(1) (repealed)), shall
				continue.
(d) As applicable to
				members terminating school service on or after March 1, 1974, the provisions
				relating to the purchase of credit for previous school or creditable nonschool
				service and the calculation of benefits shall be effective March 1,
				1974.
(e) The provisions relating
				to the crediting of statutory interest to the accounts of members on leave
				without pay shall become effective on July 1, 1975.
(f) Part-time employee membership, as
				provided by the Retirement Code, shall become effective with the beginning of
				the school year 1975-76, subject to the limitations based upon qualification,
				as provided in this part.
(g) For
				the purpose of the Retirement Code, the school year commences on July 1 and
				ends on June 30 of the following year.
(h) The provisions relating to eligibility
				for disability annuities, shall be effective, as applied to all active or
				inactive members, from December 1, 1974.
The provisions of this §
											211.3 adopted under the Public
					 School Employees' Retirement Code,
					 24 Pa.C.S. §
												8502(h).
Pennsylvania Code › Title 22 - EDUCATION › Part XIII - Public School Employes' Retirement Board › Chapter 213 - CONTRIBUTIONS AND BENEFITS › GENERAL PROVISIONS › Section 213.1 - Mandatory and optional membership

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Membership shall be mandatory, as of the
				  effective date of school employment, for all school employees, except the
				  following categories:
(1) An officer or
				  employee, who is a member of the State Employees' Retirement System under any
				  of the categories enumerated under section 8301(a)(1) of the Retirement Code
				  (relating to mandatory and optional membership); or an officer or employee who
				  is a member of an employer approved retirement program as provided under
				  subsection (b).
(2) A person
				  employed on a per diem or hourly basis for less than 80 full-day sessions or
				  500 hours in a fiscal year. In all cases, a school district shall report to the
				  Board whether a school employee annually qualifies under this section based on
				  the service rendered during a school year. A per diem or hourly school employee
				  employed for less than the minimum eligibility requirements established in this
				  paragraph will not be eligible for membership for that fiscal year period, but
				  shall, if the employee exceeds the minimums stated in this paragraph, be a
				  mandatory member for that fiscal year period only.
(3) Employees in Federal programs shall
				  conform with the following:
(i) A school
				  employee who has joined the System and is employed by a governmental entity in
				  a wholly or partly-funded Federal program, during the period December 22, 1965,
				  and prior to July 1, 1975, may continue membership in the program for
				  continuous service rendered after July 1, 1975, and until termination of
				  service.
(ii) From and after July
				  1, 1975, an employee entering school service shall be required to join the
				  System until termination of service, although the program in which he is
				  employed is financed, in whole or in part, by the Federal government.
Pennsylvania Code › Title 22 - EDUCATION › Part XIII - Public School Employes' Retirement Board › Chapter 213 - CONTRIBUTIONS AND BENEFITS › GENERAL PROVISIONS › Section 213.2 - Credited school service

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Computation
. For the purposes of computing credited school
				  service, the following conditions apply:
(1) A
				  full-time salaried employee shall receive 1 year of credited service for each
				  nonoverlapping period of 12 consecutive employable months for which the
				  employee contributes for at least 180 full-day sessions of employment. A
				  full-time salaried employee is not eligible to earn more than 1 year of
				  credited service during 12 consecutive months although the employee may be
				  employed for full-day sessions or for hours in excess of the limitations set
				  forth in this section.
(2) A
				  part-time salaried employee, that is, one who is compensated as a percentage of
				  annual salary, shall receive credited service based on the proportion of
				  full-time service for which the employee is employed during a school
				  year.
(3) A per diem employee,
				  having achieved eligibility by virtue of being employed for at least 80
				  full-day sessions during the fiscal year, shall receive a portion of credited
				  service based on the relationship of actual full-day sessions worked as it
				  relates to the 180 full-day session limitation.
(4) An hourly school employee, having
				  achieved membership eligibility by virtue of being employed at least 500 hours
				  in a fiscal year, shall receive a proportion of credited service based on the
				  actual hours worked as it relates to 1,100 hours.
(5) A member with credit for multiple service
				  or with credit in the School Employees' Retirement Program who is employed on a
				  concurrent basis, in one or more districts or with this Commonwealth, is not
				  entitled to more than 1 year of credited service for a consecutive 12-month
				  period.
(6) Notwithstanding the
				  limitations in paragraphs (1)-(5), employees who may be on strike will not be
				  eligible for credited service during a strike period unless the days or hours
				  lost by virtue of the strike are actually served and compensation
				  paid.
Pennsylvania Code › Title 22 - EDUCATION › Part XIII - Public School Employes' Retirement Board › Chapter 213 - CONTRIBUTIONS AND BENEFITS › GENERAL PROVISIONS › Section 213.3 - Eligibility points for retention and reinstatement of service credits

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Every active
				  member shall accrue one eligibility point for each year of credited school
				  service although the actual service rendered may exceed 180 full-day sessions
				  or 1,100 hours of employment during any period of 12 consecutive
				  months.
(b) Every active member or
				  multiple service member who is active in the State Employees' Retirement
				  System, on or subsequent to March 1, 1974, may purchase credit upon which
				  eligibility points shall be applied, as a member of Class T-C for any periods
				  of previous school service or permissible creditable nonschool service, as
				  provided in this part, on the condition that the member pay for the service as
				  provided in this part. An active member or multiple service member seeking to
				  reinstate previous service shall be required to purchase and pay for all the
				  service previously credited. The member is not permitted to purchase only a
				  portion of previously credited service to be reinstated.
(c) In all instances when creditable school
				  or nonschool service may be purchased, an active member, having elected to
				  purchase the service, is not permitted to cancel the purchase.
(d)
Retirement Code
				  reference
: Section 8303 of the Retirement Code (relating to
				  eligibility points for retention and reinstatement of service
				  credits).
The provisions of this §
												213.3 amended under the Public
						School Employees' Retirement Code,
						24 Pa.C.S. §§
													8502(h) and
						8507(d).
Pennsylvania Code › Title 22 - EDUCATION › Part XIII - Public School Employes' Retirement Board › Chapter 213 - CONTRIBUTIONS AND BENEFITS › GENERAL PROVISIONS › Section 213.3a - Waiver of adjustments

Current through Register Vol. 54, No. 28, July 13, 2024
(a) To
				  find that an adjustment made under section 8534(b) of the Retirement Code
				  (relating to fraud and adjustment of errors) meets the undue hardship test
				  under section
				  8303.1(a)(1) of
				  the Retirement Code (relating to waiver of adjustments), the Board requires
				  that either:
(1) The adjustment causes a
				  reduction in excess of 5% of the monthly annuity.
(2) The adjustment results in the member
				  losing eligibility for a benefit other than an annuity.
Pennsylvania Code › Title 22 - EDUCATION › Part XIII - Public School Employes' Retirement Board › Chapter 213 - CONTRIBUTIONS AND BENEFITS › GENERAL PROVISIONS › Section 213.6 - Eligibility points

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
				  active member shall accrue one eligibility point for each year of credited
				  service or fractional part of a year of credited service based on the
				  corresponding fractional eligibility point, as a member of the System or State
				  Employees' Retirement System. A member shall also accrue an additional 2/3 of
				  an eligibility point for each year of credited Class D-3 service under the
				  State system.
(b)
Retirement Code reference
: Section 8306 of the Retirement Code
				  (relating to eligibility points).
Pennsylvania Code › Title 22 - EDUCATION › Part XIII - Public School Employes' Retirement Board › Chapter 213 - CONTRIBUTIONS AND BENEFITS › GENERAL PROVISIONS › Section 213.7 - Eligibility for annuities

Current through Register Vol. 54, No. 28, July 13, 2024
(a) To
				  be eligible for any annuity payable under the Retirement Code and this part a
				  member shall have at least one eligibility point.
(b) Retirement Code reference: Section 8307
				  of the Retirement Code (relating to eligibility for annuities).
Pennsylvania Code › Title 22 - EDUCATION › Part XIII - Public School Employes' Retirement Board › Chapter 213 - CONTRIBUTIONS AND BENEFITS › GENERAL PROVISIONS › Section 213.9 - Eligibility for death benefits

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  In the event of the death of a member, the member's beneficiary, or estate
				  shall be entitled to death benefits if the member was eligible for an annuity
				  in accordance with section 8307(a) or (b) of the Retirement Code (relating to
				  eligibility for annuities). If the deceased member is not eligible for an
				  annuity, the member's beneficiary or estate shall only be entitled to receive
				  the accumulated deductions standing to the member's credit in the Fund. The
				  Board may pay the next of kin, in the absence of a beneficiary, under the
				  special circumstances provided in
				  20 Pa.C.S. §
											3101
				  (relating to payments to family and funeral directors).
(b)
Retirement Code
				  reference
: Section 8309 of the Retirement Code (relating to
				  eligibility for death benefits).
Pennsylvania Code › Title 22 - EDUCATION › Part XIII - Public School Employes' Retirement Board › Chapter 213 - CONTRIBUTIONS AND BENEFITS › GENERAL PROVISIONS › Section 213.10 - Eligibility for refunds

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
				  active member, upon termination of service, may elect to receive the member's
				  accumulated deductions in lieu of any benefit to which the member would
				  otherwise be entitled and the election shall constitute an irrevocable waiver
				  of the entitlement unless there is a subsequent return to and reinstatement of
				  service.
(b) Retirement Code
				  reference: Section 8310 of the Retirement Code (relating to eligibility for
				  refunds).