Pennsylvania Code › Title 4 - ADMINISTRATION › Part X - STATE EMPLOYEES' RETIREMENT BOARD › Chapter 243 - MEMBERSHIP, CREDITED SERVICE, CLASSES OF SERVICE AND ELIGIBILITY FOR BENEFITS › Section 243.6 - Creditable nonstate service

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Nonintervening military service.
Credit for nonintervening
				military service will be available for all qualified military service actually
				rendered, as defined in this section, for which purchase shall be requested
				but, in no event, exceeding 5 years of the service, provided the member has 3
				years of credited State service subsequent to the military service for which
				credit is requested. Members shall be limited to one purchase of not less than
				1 year of the nonintervening military service unless the total service actually
				rendered was less than 1 year.
(b)
Ineligibility for nonintervening military service.
A member is
				not eligible for credit for nonintervening military service if the service
				entitles him to receive now or in the future, or if he is receiving, retirement
				benefits for service under another governmental agency or private employer,
				including a retirement program approved by the employer, under section
				5301(a)(12) of the code (relating to mandatory and optional membership),
				irrespective of the fact that the member may have actual military service in
				excess of the minimum amount necessary to qualify him for a Federal pension.
				The crediting of nonintervening military service will be available to anyone,
				including one who is or was in a National Guard or any other reserve component
				who, at the time of application is uncertain, because of length of service,
				whether he would be eligible for retirement benefits for the service from the
				Federal government or any other governmental agency, private employer or
				employer approved plan provided under section 5301(a)(12) of the code, at that
				time or in the future; provided that the crediting of the service may be
				cancelled, and the accumulated deductions attributable thereto, refunded to the
				member if, at the time of retirement or termination of service, or earlier, if
				the Board is so notified by the member, it is found that the member would be
				entitled to retirement benefits from the other public or private pension plans
				for the military service. The Board may require the member to furnish such
				information as it deems necessary to determine the eligibility of a member for
				the purchase of nonintervening military service or for the cancellation
				thereof.
(c)
Active
				military service.
Military service shall be limited to active military
				service rendered only to the Armed Forces of the United States.
(d)
Ineligibility for creditable
				nonstate service.
Creditable nonstate service in any public school or
				educational institution in any other state or territory or area under United
				States jurisdiction or service as an administrator, teacher or instructor in
				the field of education rendered to an agency or department of the United States
				Government shall exclude service rendered to the CCC, WPA, Peace Corps, VISTA,
				among others, or service entitling an employe to receive, now or in the future,
				any private employer or governmental pension or other employer approved pension
				program funded, in whole or in part, by any such employer. The Board will, in
				all instances, determine eligibility for creditable nonstate service.
(e)
Restrictions.
Creditable
				nonstate service under section 5304(c)(4) of the code (relating to creditable
				nonstate service) shall be limited to those State employes whose service with
				prior governmental employers was transferred or absorbed by the Commonwealth
				under the provisions of prior law.
(f)
Active members.
Reinstatement of creditable service and the purchase of creditable State and
				nonstate service shall be available only to active members as set forth in
				§
									241.1 (relating to definitions).
				The creditable service shall also be available to active multiple service
				members under sections 5303 and 5304 of the code (relating to retention and
				reinstatement of service credits). Duplicate purchases of the service in both
				the Public School Employes' Retirement System and this System is
				prohibited.