reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 4 - ADMINISTRATION › Part X - STATE EMPLOYEES' RETIREMENT BOARD › Chapter 243 - MEMBERSHIP, CREDITED SERVICE, CLASSES OF SERVICE AND ELIGIBILITY FOR BENEFITS › Section 243.2 - Temporary or seasonal employes

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				In those cases where an individual is employed on a temporary basis with a
				predetermined date of termination which is less than one year, although that
				may occur more than 100 days or 750 hours after the initial date of employment,
				such employe shall not be eligible for membership based thereon. Such employe
				shall not be prohibited from purchasing such service in the future should he
				become a permanent employe. This provision shall be inapplicable to provisional
				employes since that term pertains to civil service and not
				retirement.
(b) All employes hired
				to perform services on a permanent basis, as defined in the personnel rules,
				irrespective of the category of the position which they currently occupy,
				whether temporary or not, shall be deemed Commonwealth employes for retirement
				purposes. In all cases of doubt, the Board will determine whether a particular
				individual is eligible for membership. Persons who are members of the System by
				virtue of complying with any of the minimums established in section 5301(a) of
				the code (relating to mandatory and optional membership) shall not be
				disqualified from continuing membership by virtue of a change in the method of
				compensation.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part X - STATE EMPLOYEES' RETIREMENT BOARD › Chapter 243 - MEMBERSHIP, CREDITED SERVICE, CLASSES OF SERVICE AND ELIGIBILITY FOR BENEFITS › Section 243.3 - Optional alternate retirement program

Current through Register Vol. 54, No. 28, July 13, 2024
School employees, limited to certain designated employees and
				  officers of The Pennsylvania State University, Indiana University of
				  Pennsylvania, the State System of Higher Education and the Department of
				  Education, shall be permitted to join an optional alternate retirement program
				  in lieu of membership in the system. The program shall be an independent
				  retirement program approved by the employing agency head, provided that the
				  employer is not contributing at a rate greater than that provided in section
				  5508(b) of the code (relating to actuarial cost method).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part X - STATE EMPLOYEES' RETIREMENT BOARD › Chapter 243 - MEMBERSHIP, CREDITED SERVICE, CLASSES OF SERVICE AND ELIGIBILITY FOR BENEFITS › Section 243.4 - Credited State service

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In the case
				of a member who withdraws his total accumulated deductions, his membership and
				service credits shall be cancelled.
(b) Credited State service shall be available
				to a member on leave without pay on March 1, 1974, or thereafter, who is
				studying under a Federal Grant approved by the head of his department; provided
				the program of study is job related. The application for credit shall be
				approved by the head of the department stating the statutory basis for the
				Federal Grant and guaranteeing employer contributions for the service. Credited
				State service shall also be granted members on leave without pay for service
				rendered to the Federal Government or another State or local government under
				the act of January 5, 1971 (
				Pub. L. No.
				91-648) (5 U.S.C.A. §
										§
										3371-3376) ; provided, that the member,
				in both cases, returns from the leave without pay status to State service for
				at least 1 year, and further provided that the member is not entitled to
				retirement credits or benefits for such service from any other governmental
				agency. The Board shall be provided with assurances that the department, which
				grants the leaves, shall pay the employer contributions required under section
				5507 of the code (relating to contributions by the Commonwealth and other
				employers) in addition to the requirement that the employe pay the regular
				member contributions required by the member under section 5501 of the code
				(relating to regular member contributions for current service). The service
				will not be credited in excess of 2 years under any circumstances.
(c) From and after January 1, 1976, in
				computing credited State service of a member for the determination of benefits,
				a member will receive credit for 1 year of State service for being employed and
				contributing based thereon for a period of 1,650 hours. If a member is employed
				and contributes therefore for less than 1,650 hours, he will be credited with a
				fractional portion of a year which corresponds to the number of hours
				compensated in relation to 1,650 hours.
(d) Intervening military service will be
				disallowed or cancelled in those instances where 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 employing agency.
(e) If the Board finds that any State service
				has been improperly credited, it will cause the credit to be cancelled and
				accumulated deductions attributable thereto refunded to the member.
This section cited in 4 Pa. Code §
											243.10 (relating to eligibility for
					 annuities).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part X - STATE EMPLOYEES' RETIREMENT BOARD › Chapter 243 - MEMBERSHIP, CREDITED SERVICE, CLASSES OF SERVICE AND ELIGIBILITY FOR BENEFITS › Section 243.5 - Retention and reinstatement of service credits

Current through Register Vol. 54, No. 28, July 13, 2024
In the event of a subsequent return to State service of a
				  former member whose membership has been cancelled, any reinstatement of former
				  credited service will be without social security integration supplement
				  credits, regardless of any supplemental coverage previously credited. Any State
				  employe who discontinues his service and does not withdraw his total
				  accumulated deductions and who was a member of a class of service, other than
				  Class A, prior to March 1, 1974, shall retain his membership in that class to
				  the date of discontinuance of such service. All service rendered thereafter
				  will be credited as Class A service. The returning member, who has not
				  withdrawn his accumulated deductions, shall be eligible to continue accruing
				  SSI supplement credits only if he has returned to active membership within 6
				  months of his previous termination.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part X - STATE EMPLOYEES' RETIREMENT BOARD › Chapter 243 - MEMBERSHIP, CREDITED SERVICE, CLASSES OF SERVICE AND ELIGIBILITY FOR BENEFITS › Section 243.7 - Social Security integration credits

Current through Register Vol. 54, No. 28, July 13, 2024
Those members with accrued social security integration
				  credits on March 1, 1974, may continue to earn Social Security integration
				  credits until service is terminated. Those members in continuous service who
				  terminate after March 1, 1974, may continue to accrue Social Security
				  integration credits if they return to active membership in the System within 6
				  months, provided they have not withdrawn their accumulated deductions. Those
				  members who have vested, or are in receipt of an annuity, and return to State
				  service after March 1, 1974, shall have their Social Security integration
				  credits restored, to the extent previously earned, and may continue accruing
				  Social Security integration credits for service rendered thereafter.
Social Security integration credits may be restored only to
				  the extent allowed in this section. In all cases, Social Security integration
				  credits shall not be available for any State or nonstate service applied for
				  and purchased after March 1, 1974, regardless where or when the service may
				  have been performed.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part X - STATE EMPLOYEES' RETIREMENT BOARD › Chapter 243 - MEMBERSHIP, CREDITED SERVICE, CLASSES OF SERVICE AND ELIGIBILITY FOR BENEFITS › Section 243.9 - Eligibility points

Current through Register Vol. 54, No. 28, July 13, 2024
An active member of the System shall accrue one eligibility
				  point for each year of credited service as a member of Public School Employes'
				  Retirement System or this System. In the event a member has a fractional part
				  of a year of credited State service, as it relates to 1,650 hours, he shall be
				  entitled to accrue a corresponding fractional portion of eligibility points in
				  order to entitle him to benefits. In the case of a part-time State employe,
				  eligibility points shall be accrued on the basis of time worked in relation to
				  1,650 hours, irrespective of the calendar period during which the member is
				  such an employee.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part X - STATE EMPLOYEES' RETIREMENT BOARD › Chapter 243 - MEMBERSHIP, CREDITED SERVICE, CLASSES OF SERVICE AND ELIGIBILITY FOR BENEFITS › Section 243.10 - Eligibility for annuities

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
				active member or an inactive member on leave without pay, whose original date
				of membership is prior to October 7, 1975, who achieves superannuation age,
				irrespective of service, shall be eligible to receive a superannuation annuity
				or death benefit based thereon. An active member or an inactive member on leave
				without pay, whose effective date of original membership is October 7, 1975, or
				thereafter, shall be entitled to a superannuation annuity or death benefit only
				if he has 3 or more years of credited State or School service or State and
				School service.
(b) An annuity
				shall be based upon proper eligibility points only and, in the event a vestee
				or active member does not have sufficient eligibility points to qualify for
				benefits, he shall be entitled to a refund of his accumulated deductions
				standing at the time the application for benefits is made, or sooner, if the
				member provides prior notification to the Board.
(c) This section shall apply in the case of
				cancellation of eligibility points under the provisions of §
									243.4(a) 
				(relating to credited State service) and in any other case where the Board
				finds that the State or nonstate service was improperly credited.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part X - STATE EMPLOYEES' RETIREMENT BOARD › Chapter 243 - MEMBERSHIP, CREDITED SERVICE, CLASSES OF SERVICE AND ELIGIBILITY FOR BENEFITS › Section 243.11 - Eligibility for vesting

Current through Register Vol. 54, No. 28, July 13, 2024
A member under superannuation retirement age with ten or more
				  eligibility points may elect to vest his retirement benefits only upon
				  discontinuance of service, provided the election is made within a period of 90
				  days thereafter.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part X - STATE EMPLOYEES' RETIREMENT BOARD › Chapter 243 - MEMBERSHIP, CREDITED SERVICE, CLASSES OF SERVICE AND ELIGIBILITY FOR BENEFITS › Section 243.12 - Eligibility for death benefits

Current through Register Vol. 54, No. 28, July 13, 2024
A member who has terminated State service who has not filed
				  an application for withdrawal of contributions having ten or more eligibility
				  points, or being eligible for a superannuation retirement allowance, shall, in
				  the absence of applying for an annuity, be entitled to death benefits, except
				  under the following circumstances:
(1)
				If a member has not filed an application for vesting or annuity within 90 days
				after termination of State service, while under superannuation age, he shall
				not be eligible for death benefits in excess of his own accumulated
				deductions.
(2) If a member has
				terminated State service over superannuation age with three or more years of
				credited State or School service or State and School service, or a vestee
				having attained superannuation age, has failed to file an application for
				annuity benefits within 90 days after termination of service or attainment of
				superannuation age, as the case may be, he shall be ineligible for death
				benefits in excess of his own accumulated deductions.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part X - STATE EMPLOYEES' RETIREMENT BOARD › Chapter 243 - MEMBERSHIP, CREDITED SERVICE, CLASSES OF SERVICE AND ELIGIBILITY FOR BENEFITS › Section 243.13 - Eligibility for refunds

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Active member.
The election by an active member to receive
				only his total accumulated deductions upon termination of service shall be an
				unconditional waiver to receive any benefit to which he would otherwise be
				entitled.
(b)
Vestee.
Any vestee may elect to receive only his total
				accumulated deductions at any time subsequent to vesting with interest credited
				to the date of the election. This election shall be an unconditional waiver of
				any other benefit to which he would otherwise be entitled.
(c) Upon application, any active member or
				one on leave without pay, may elect to receive by refund all his social
				security integration accumulated deductions and thereby have all his credits
				attributable thereto and benefits payable thereon cancelled, and shall not,
				under any circumstances, be entitled to accrue any future social security
				integration supplement credits.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part X - STATE EMPLOYEES' RETIREMENT BOARD › Chapter 243 - MEMBERSHIP, CREDITED SERVICE, CLASSES OF SERVICE AND ELIGIBILITY FOR BENEFITS › Section 243.14 - Eligibility for benefits

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A member
				who has terminated State service having attained 35 eligibility points shall be
				eligible for a superannuation retirement allowance, irrespective of age, upon
				filing of the proper application therefor. Any member who has terminated State
				service having attained ten or more eligibility points who has not yet reached
				superannuation age, shall be eligible for an early retirement allowance or
				vesting.
(b) In the case of an
				early retirement allowance, the applicable reduction factor shall be determined
				on the basis of the number of years and months the member is from attaining
				superannuation age, that is, age 60 or 50, as the case may be, or attainment of
				35 eligibility points, whichever would be achieved earlier had he continued in
				active State service.
(c) In the
				case of a vestee, he shall be eligible for an unreduced superannuation
				retirement allowance at the beginning of the month following the date he would
				have achieved superannuation age; that is, age 60 or 50, as the case may be, or
				attainment of 35 eligibility points, whichever would be achieved earlier had he
				continued in active State service. In the event a vestee elects early
				retirement or dies, the applicable reduction factor shall be determined on the
				basis of the number of years and months he is from such date at the effective
				date of application for early retirement, or date of death, as the case may
				be.
(d) For the purpose of
				determining the date on which a member would have achieved 35 eligibility
				points under either subsection (b) or (c), had he continued in active State
				service, one eligibility point will be assumed for each year, irrespective of
				any former class of membership.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part X - STATE EMPLOYEES' RETIREMENT BOARD › Chapter 245 - CONTRIBUTIONS › Section 245.2 - Social Security integration member contributions

Current through Register Vol. 54, No. 28, July 13, 2024
An active member, or one on leave without pay, may elect to
				  discontinue making further contributions for Social Security integration
				  supplement credits. Upon such election, his Social Security integration credits
				  and benefits payable thereon, shall be frozen.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part X - STATE EMPLOYEES' RETIREMENT BOARD › Chapter 245 - CONTRIBUTIONS › Section 245.3 - Joint coverage member contributions

Current through Register Vol. 54, No. 28, July 13, 2024
New members of the System or members returning to State
				  service shall not be eligible to make joint coverage member contributions.
				  Contributions shall be limited to members who meet all of the following
				  criteria:
(1) They were in active
				membership in the System subsequent to May 28, 1957.
(2) Their current period of membership began
				prior to January 1, 1966.
(3) They
				are covered by Federal Social Security.
(4) They have not filed an election to
				convert to the full coverage group.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part X - STATE EMPLOYEES' RETIREMENT BOARD › Chapter 245 - CONTRIBUTIONS › Section 245.4 - Member purchases of credit for previous State service

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A State employee who is a member of the
				System or a school employee who is a member of the Public School Employees'
				Retirement System who has timely elected multiple service may receive service
				credit for all uncredited previous State service, provided the member applies
				for and makes the required contributions for all uncredited State service,
				regardless of the amount of State service previously credited.
(b) The member may make the required
				contributions through payroll deductions over a period of not more than 6
				years.
The provisions of this §
											245.4 amended under the State
					 Employee's Retirement Code,
					 71 Pa.C.S. §
												5902(h).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part X - STATE EMPLOYEES' RETIREMENT BOARD › Chapter 245 - CONTRIBUTIONS › Section 245.6 - Incomplete payments

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Who
				may make incomplete payments.
The right of a member to complete
				payments, once commenced, within 30 days after termination of State service, as
				provided in section 5506 of the code (relating to incomplete payments), shall
				be available only to the member and to no other person, including a
				beneficiary.
(b)
Result of
				incomplete payments.
In the event a member fails to pay the balance of
				the agreed upon payments due within 30 days after termination of State service,
				or in the event a member dies in State service, the annuity benefit to which he
				would otherwise be entitled including a disability benefit, shall be reduced by
				the actuarial equivalent of the debt, including statutory interest. In the
				event the Board must satisfy a credit union loan and the member dies in service
				or terminates service thereafter, leaving the indebtedness unpaid for more than
				30 days, the Board will cause to be deducted from the member's benefit, the
				amount of the total debt, at which time, the benefit shall be payable to such
				member.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part X - STATE EMPLOYEES' RETIREMENT BOARD › Chapter 245 - CONTRIBUTIONS › Section 245.7 - Contributions by the Commonwealth and other employers

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In the event an employer fails to make
				the payments necessary to build up the employer reserves for the payment of
				benefits to its employes, under sections 5507 and 5508 of the code (relating to
				contributions by the Commonwealth and other employers; and actuarial cost
				method), then the benefit to which such employe would otherwise be entitled,
				but for the deficiency of the required reserves, shall be reduced in accordance
				with section 5509(c) of the code (relating to appropriations and assessments by
				the Commonwealth) for those deficiencies occurring subsequent to March 1,
				1974.
(b) In the event an employe
				becomes a member of the System sometime after beginning employment and elects
				to purchase his previously uncredited service, the Board will bill for the
				appropriate employer's contribution, by itemized invoice, that agency in which
				an employe is currently employed for previously uncredited State service
				rendered after March 1, 1974. The amount of an employer's contribution will be
				determined on the basis of the employe's earnings and the total employer's
				contribution rate in effect at the time service was rendered, together with
				valuation interest of 5.5% compounded annually to the date of
				purchase.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part X - STATE EMPLOYEES' RETIREMENT BOARD › Chapter 247 - BENEFITS › Section 247.1 - Effect of return of total accumulated deductions

Current through Register Vol. 54, No. 28, July 13, 2024
A member who elected to receive only his accumulated
				  deductions in lieu of any other benefit to which he would otherwise be
				  entitled, shall, by such election, be deemed to have irrevocably waived
				  entitlement to such benefits, except as otherwise provided in the event a
				  member returns to service.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part X - STATE EMPLOYEES' RETIREMENT BOARD › Chapter 247 - BENEFITS › Section 247.2 - Maximum single life annuity

Current through Register Vol. 54, No. 28, July 13, 2024
For purposes of determining the single life annuity benefits
				  provided for in section 5702(a)(4) of the code (relating to maximum single life
				  annuity), if any, the benefit shall only be attributable to regular member
				  accumulated deductions, irrespective of any contributions which the member may
				  have made on behalf of the employer as well as any accrued interest applicable
				  thereto for creditable nonstate service.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part X - STATE EMPLOYEES' RETIREMENT BOARD › Chapter 247 - BENEFITS › Section 247.4 - Disability annuities

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Social Security integration credits.
If a member, eligible for
				a disability annuity, is also eligible to receive a Social Security integration
				annuity, the total annuity shall be payable to the member unless he elects to
				receive his Social Security integration accumulated deductions in lieu of the
				additional benefit at the time his application for disability benefits is
				filed. If a member eligible to receive a disability annuity does not have
				sufficient Social Security integration credits to receive an annuity based
				thereon, as provided in the code, then the filing of the disability annuity
				application shall automatically entitle him to a return of his accumulated
				social security integration deductions, if any. In the event a disability
				annuitant returns to State service, he shall be eligible to reinstate Social
				Security integration credits previously earned for which the accumulated
				deductions have been withdrawn, as provided in this section, and he shall be
				eligible to accrue social security integration credits for subsequent service
				upon restoration of the withdrawn funds. Eligibility for reinstatement of the
				credits and restoration of the funds shall be available only at the time of
				return to State service and application therefor shall be made within 30 days
				of notification of eligibility by the Board.
(b)
Service connected disability
				annuities.
Eligibility for a service connected disability benefit
				shall be determined exclusively under the provisions of the Pennsylvania
				Workmen's Compensation Act (77 P.S. §
										§
										1-1023), and the Pennsylvania Occupational
				Disease Act (77 P.S. §
										§
										1201-1603), and other compensation statutes
				applicable to special classes of Commonwealth employes. A service-connected
				disability, shall total 70% of the final average salary, and includes within
				that annuity the benefit amounts awarded by the Social Security Administration
				and the agency or agencies having jurisdiction over the determination of the
				applicable State benefits. The benefit shall continue as long as the member is
				entitled to receive the State compensation benefits. The service-connected
				disability shall be discontinued if the State compensation authorities
				determine that the service-connected disability has ceased. In that event, a
				member shall be eligible for normal disability benefits, as provided in section
				5704(a) of the code (relating to disability annuities) if the Board determines
				that the member remains disabled. The service-connected disability benefit
				shall be payable as of the effective date of the application for disability
				benefits filed with the Board, irrespective of the date the State compensation
				award was made.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part X - STATE EMPLOYEES' RETIREMENT BOARD › Chapter 247 - BENEFITS › Section 247.5 - Member's options

Current through Register Vol. 54, No. 28, July 13, 2024
Once a member has filed an application for benefits and
				  chosen an option, including a single life annuity, the option shall be deemed
				  to be irrevocable except as otherwise provided in section 5907(j) of the code
				  (relating to rights and duties of State employees and members) or unless an
				  annuitant returns to service for a period not less than 6 months and
				  subsequently retires with recomputation of benefits.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part X - STATE EMPLOYEES' RETIREMENT BOARD › Chapter 247 - BENEFITS › Section 247.5a - Re-election of benefit option

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
				member who has filed an application for benefits and who has designated a
				survivor annuitant has the right to re-elect a benefit option and to nominate a
				beneficiary or a new survivor annuitant if, after filing the application, the
				designated survivor annuitant predeceases the member, the member is awarded a
				divorce or the member becomes married, provided the member files a timely
				application for option change with the Board.
(b) The member's right to re-elect a benefit
				option remains valid for 7 years from the date of the death, divorce or
				marriage that triggered the right or until the occurrence of a subsequent
				triggering event, whichever occurs first. Upon the occurrence of a subsequent
				triggering event, a superseding right to re-elect shall begin.
(c) Upon the member's timely filing of an
				application for option change, the member's annuity will be recomputed to be
				actuarially equivalent to the annuity in effect immediately prior to the
				recomputation.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part X - STATE EMPLOYEES' RETIREMENT BOARD › Chapter 247 - BENEFITS › Section 247.6 - Termination of annuities

Current through Register Vol. 54, No. 28, July 13, 2024
The requirement that the subsequent annuity of a member who
				  returns to active service, having once been on retirement, be reduced on the
				  basis of benefits received prior to superannuation age, does not apply to a
				  member who returns to active State service from a disability
				  annuity.
The provisions of this § 247.6 amended under
					 71 Pa.C.S. §
												§
												5706 and
					 5906, unless otherwise
					 noted.
This section cited in 4 Pa. Code §
											249.4 (relating to reports to the
					 Public School Employees' Retirement
					 Board).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part X - STATE EMPLOYEES' RETIREMENT BOARD › Chapter 247 - BENEFITS › Section 247.7 - Death benefits

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Manner of payments.
In the event the member does not designate
				a beneficiary before death or the designation is not valid for any reason or no
				validly designated beneficiary survives the member by 30 days under
				71 Pa.C.S. §
										5709(c) (relating to the
				payment of benefits) to receive any of the death benefits provided in the code,
				the benefits shall be payable to the estate of the member.
(1) If the estate of the member is entitled
				to receive the member's death benefits but does not file a claim for the
				benefits within 60 days of the date the System mails notice of the benefits to
				the estate of the member, the entire amount of the death benefit shall be
				payable in the following sequential priority:
(i) To the appointed executor or
				administrator of the deceased member.
(ii) To the surviving spouse of the
				member.
(iii) To any child of the
				member.
(iv) To the father or
				mother of the member.
(v) To any
				sister or brother of the member.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part X - STATE EMPLOYEES' RETIREMENT BOARD › Chapter 247 - BENEFITS › Section 247.9 - Effect of payment of benefits to beneficiaries

Current through Register Vol. 54, No. 28, July 13, 2024
As in the case of members, an election by a beneficiary under
				  the provisions of Option 1 or any of the other options offered to him shall be
				  deemed to be irrevocable.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part X - STATE EMPLOYEES' RETIREMENT BOARD › Chapter 247 - BENEFITS › Section 247.11 - Priority of forfeitures, attachments and assignments of funds

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The right of a
				person to any benefit or right accrued or accruing under the code, as amended
				from time to time, and the moneys in the fund are subject to prior payment or
				forfeiture of rights, as set forth in section 5953 of the code (relating to
				taxation, attachment and assignment of funds), in the following sequential
				priority to the extent the forfeitures and competing claims exist at the time
				the distribution is made as determined by the Board consistent with applicable
				law:
(1) For pension forfeitures, fines and
				restitution as provided under the Public Employee Pension Forfeiture Act
				(43
				P.S. §
											§
											1311-1315), as amended
				from time to time, or under Pa.Const. Art. V, § 16(b).
(2) To the employer after certification by
				the head of the employer of the amount that the member is obligated to pay, and
				after review and approval by the employer's legal representative or upon
				receipt of an assignment from the member in the amount so certified.
(3) To an alternate payee or attaching
				authority as set forth in an approved domestic relations order, order for
				support, or order for the enforcement of arrearages as described in section
				5953.1 of the code (relating to
				approval of domestic relations orders).
(4) To the member directly or to an eligible
				retirement plan by way of an eligible rollover
				distribution.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part X - STATE EMPLOYEES' RETIREMENT BOARD › Chapter 249 - ADMINISTRATION, FUNDS, ACCOUNTS, GENERAL PROVISIONS › Subchapter A - ADMINISTRATION › Section 249.2 - Administrative duties of the Board

Current through Register Vol. 54, No. 28, July 13, 2024
The Board will furnish, to the extent required by Federal
					 law, information to members concerning those provisions of the Internal Revenue
					 Code of 1954, which may impose a tax liability to a member or beneficiary. The
					 sole responsibility for such tax liability, including tax computations, is
					 imposed upon the member and not the Board and the member should consult tax
					 counsel for advice in these matters since the Board is not qualified or
					 required to offer same.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part X - STATE EMPLOYEES' RETIREMENT BOARD › Chapter 249 - ADMINISTRATION, FUNDS, ACCOUNTS, GENERAL PROVISIONS › Subchapter A - ADMINISTRATION › Section 249.3 - Duties of the Board to advise and report

Current through Register Vol. 54, No. 28, July 13, 2024
Whenever an active member or eligible school employee
					 applies for purchase of credit for previous State or intervening military
					 service, the Board will bill the applicable employer, as the case may be, for
					 its share in order to complete the purchase of such service. The employer's
					 billing shall be paid in a lump sum within 30 days thereafter and credit shall
					 be applied to the member accordingly.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part X - STATE EMPLOYEES' RETIREMENT BOARD › Chapter 249 - ADMINISTRATION, FUNDS, ACCOUNTS, GENERAL PROVISIONS › Subchapter A - ADMINISTRATION › Section 249.4 - Reports to the Public School Employees' Retirement Board

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Multiple service
				  election.
A former member who becomes an active member in the Public
				  School Employees' Retirement System and elects multiple service will receive a
				  certification from the Board including not only the total credited service in
				  the System and the annual compensation received therefrom, as provided in
				  section 5904(b)(1) and (2) of the code (relating to duties of the board to
				  report to the Public School Employees' Retirement Board) but also the amount of
				  the Social Security integration credited service as provided in section
				  5904(b)(3) of the code. In the event a member vests his account or is in
				  receipt of an annuity, which includes benefits representing Social Security
				  integration credits, or in the event the member enters school service within a
				  period of 6 months after termination of State service, not having withdrawn his
				  accumulated deductions; he shall be eligible for retention of those credits if
				  he becomes an active member in the Public School Employees' Retirement System
				  and elects multiple service. In all other cases of members electing multiple
				  service as members of the Public School Employees' Retirement System, previous
				  Social Security integration credits shall not be reinstated and shall be deemed
				  cancelled. Reference should be made to §
										247.6 (relating to termination of
				  annuities).
(b)
Multiple
				  service membership.
After a member with multiple service, or his
				  legally constituted representative, as the case may be, applies for a multiple
				  service benefit from the Public School Employees' Retirement System, there will
				  be transferred to that System, under section 5904(c)(2) of the code, the total
				  accumulated deductions of the member and the actuarial reserve necessary to
				  fund the State portion of the annuity based on the calculation of the final
				  average salary applicable to the benefit to which he is entitled. The transfer
				  will be made no later than the end of the calendar quarter following the
				  effective date of such benefits.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part X - STATE EMPLOYEES' RETIREMENT BOARD › Chapter 249 - ADMINISTRATION, FUNDS, ACCOUNTS, GENERAL PROVISIONS › Subchapter A - ADMINISTRATION › Section 249.5 - Applications and elections of members

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General.
In the event a member of the Public School Employees'
				  Retirement System, who is receiving an annuity from the System, elects to
				  become a multiple service member, his annuity payments shall be discontinued
				  retroactively to the date he became a member of the Public School Employees'
				  Retirement System and any annuity payments received from this System subsequent
				  to that date shall be restored to the Fund.
(b)
Time for payments.
Pursuant to section 5905(g) of the code (relating to duties of the board
				  regarding applications and elections of members), in the case of the death of
				  an active member or one on leave without pay, the Board will pay the benefits
				  to which those members would be entitled to the designated beneficiary or the
				  legally constituted representative, as the case may be, not more than 60 days
				  after all necessary data is both received from the department and the selection
				  of the benefit is made by such beneficiary or legally constituted
				  representative.
(c)
Group
				  hospitalization annuitant plan.
A member or vestee entering upon
				  retirement, who has had hospitalization and medical insurance coverage through
				  the State Employee Program while an active employee, may elect to convert, at
				  the time of retirement, the membership into such State annuitant group plan and
				  pay the monthly charges applicable thereto. Election of the coverage shall not
				  be available subsequent to the time of retirement. Under the criteria that the
				  Executive Board may establish with respect to contributions made to a State
				  annuitant plan, the Board will apply to each member thereof such sums to defray
				  the costs, which the Executive Board may determine.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part X - STATE EMPLOYEES' RETIREMENT BOARD › Chapter 249 - ADMINISTRATION, FUNDS, ACCOUNTS, GENERAL PROVISIONS › Subchapter A - ADMINISTRATION › Section 249.6 - Duties of heads of departments

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In
				  those instances where the head of a department, board, commission or agency
				  does not certify to the State Treasurer the amounts deducted from each payroll
				  for member contributions, because its payroll does not emanate from that
				  agency, it shall nevertheless certify to the Board the amounts deducted from
				  each payroll simultaneously with the payments made to the Board for the
				  contributions. The contributions will be deposited into the State Treasury by
				  the Board.
(b) The head of each
				  department shall certify the information sufficient to determine the amount of
				  credited service earned in a manner prescribed by the Board and shall also
				  furnish quarterly earnings records of all members in such manner as the Board
				  may prescribe.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part X - STATE EMPLOYEES' RETIREMENT BOARD › Chapter 249 - ADMINISTRATION, FUNDS, ACCOUNTS, GENERAL PROVISIONS › Subchapter A - ADMINISTRATION › Section 249.7 - Rights and duties of employees and members

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Proof of date of birth.
The Board will accept certification from the employing agency as to the proof
				  of the date of birth for purposes of this section, which shall also include
				  certification by the member, as required by the Board. The proof of date of
				  birth shall be furnished concurrently with the Application for Membership.
				  Under section 5907(a) of the code (relating to rights and duties of State
				  employees and members) each new State employee shall furnish proof of his date
				  of birth. The following, in the order of preference, will be acceptable:
(1) Birth certificate.
(2) Baptismal record.
(3) Selective service record.
(4) Armed forces discharge.
(5) Passport.
(6) School record.
(7) Life insurance policy.
(8) Naturalization record.
(9) Alien registration record.
(10) Another record that may be submitted by
				  the member, which is acceptable to the Board.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part X - STATE EMPLOYEES' RETIREMENT BOARD › Chapter 249 - ADMINISTRATION, FUNDS, ACCOUNTS, GENERAL PROVISIONS › Subchapter A - ADMINISTRATION › Section 249.8 - Rights and duties of annuitants

Current through Register Vol. 54, No. 28, July 13, 2024
The duty of an annuitant, who is receiving a disability
					 annuity, to furnish a written statement concerning his earnings, as provided in
					 section 5908(b) of the code (relating to rights and duties of annuitants),
					 shall continue until the attainment of superannuation age of 50 or 60, as the
					 case may be, depending upon the category of employment at the time of entering
					 upon disability retirement.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part X - STATE EMPLOYEES' RETIREMENT BOARD › Chapter 249 - ADMINISTRATION, FUNDS, ACCOUNTS, GENERAL PROVISIONS › Subchapter E - GENERAL PROVISIONS › Section 249.51 - State guarantee

Current through Register Vol. 54, No. 28, July 13, 2024
The required interest charges payable, the maintenance of
					 reserves in the fund, and the payment of all annuities and other benefits
					 granted by the Board under the provisions of the code, are hereby made
					 obligations of those departments, agencies, boards, commissions or independent
					 public corporations specifically enumerated in section 5102 of the code
					 (relating to definitions), which are not paid for by the Commonwealth from
					 General Fund revenues. The obligations for the employer guarantee under section
					 5951 of the code (relating to State guarantee) are deemed imposed upon those
					 agencies who have, by prior legislation or Board determination, been accepted
					 into the System.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part X - STATE EMPLOYEES' RETIREMENT BOARD › Chapter 249 - ADMINISTRATION, FUNDS, ACCOUNTS, GENERAL PROVISIONS › Subchapter E - GENERAL PROVISIONS › Section 249.53 - Exemption from execution; assignment of rights

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General.
In the event
				  any member, entitled to a benefit, has been determined, at the time this
				  benefit becomes payable, to be obligated to the Commonwealth for the repayment
				  of money for any employment related reason, or to be obligated to the State
				  Employees' Credit Union for the repayment of a loan not to exceed $750 with
				  interest, as provided in section 5953 of the code (relating to taxation,
				  attachment and assignment of funds), the Board will cause to be paid from the
				  member's account, upon his authorization, or upon certification of his agencies
				  legal representative, the amount of indebtedness. The member, or his designated
				  beneficiary, in the case of a deceased member, shall have the privilege of
				  restoring the set off amount to his account within 30 days thereafter in a lump
				  sum. Failing that, any benefit to which he would otherwise be entitled shall be
				  withheld until an amount sufficient to satisfy the obligation has been
				  accumulated, whereupon the annuity shall be payable to the member.
(b)
Debt priorities.
In the
				  event a member is indebted, not only to the Commonwealth, but also the State
				  Employees' Credit Union, under section 5953 of the code, payments to satisfy
				  indebtedness to the Commonwealth shall be made in full before the Credit Union
				  indebtedness is satisfied.
(c)
Effect of credit union payment.
In the event the Board is
				  required to satisfy a credit union loan on behalf of an active member, as
				  provided in section 5953(b)(2) of the code, the amount of the satisfaction will
				  be automatically converted into an arrears liability of the member, which shall
				  be restored in full by the defaulting member by lump sum or payroll deductions
				  over a period not exceeding 1 year with statutory interest charged during the
				  repayment period.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part X - STATE EMPLOYEES' RETIREMENT BOARD › Chapter 249 - ADMINISTRATION, FUNDS, ACCOUNTS, GENERAL PROVISIONS › Subchapter E - GENERAL PROVISIONS › Section 249.54 - Fraud and adjustment of errors

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  Any person knowingly making any false statements falsifying or permitting to be
				  falsified any record of this System with an intent to defraud it, shall, upon
				  conviction, be guilty of a misdemeanor of the second degree punishable by
				  law.
(b) The Board upon learning of
				  any mistake in any record resulting in the payment of a greater or lesser
				  benefit than that provided by the code, will make an appropriate adjustment, as
				  far as practicable, so that the person thereto entitled shall receive only the
				  benefit specifically provided under the code.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part X - STATE EMPLOYEES' RETIREMENT BOARD › Chapter 249 - ADMINISTRATION, FUNDS, ACCOUNTS, GENERAL PROVISIONS › Subchapter E - GENERAL PROVISIONS › Section 249.55 - Construction of code; collective bargaining generally

Current through Register Vol. 54, No. 28, July 13, 2024
The pension benefits available to State employees under the
					 code may only be changed, modified or altered by legislation. No collective
					 bargaining agreement, or binding arbitration award, or any determination
					 resulting from the collective bargaining process between the Commonwealth and
					 its employees, or between other employers whose employees are subject to these
					 provisions, shall have the effect of modifying, altering or changing any
					 benefit specifically provided under the code, unless there is statutory
					 authority authorizing such change, alteration or modification. The repealer
					 provisions of the code specifically exclude, as a bargainable matter under the
					 act of June 24, 1968 ( P. L.
					 237, No. 111) (43 P. S. §
											§
											217.1-217.10), with respect to collective
					 bargaining between policemen and firemen, and the Public Employee Relations Act
					 (43
					 P. S. §
											§
											1101.101-1101.2301), with
					 respect to collective bargaining between public employers and their employees,
					 those items relating to the pension benefits provided by the
					 code.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part X - STATE EMPLOYEES' RETIREMENT BOARD › Chapter 249 - ADMINISTRATION, FUNDS, ACCOUNTS, GENERAL PROVISIONS › Subchapter E - GENERAL PROVISIONS › Section 249.58 - Optional Alternate Retirement Program

Current through Register Vol. 54, No. 28, July 13, 2024
Under section 5301 of the code (relating to mandatory and
					 optional membership), certain school employees may elect not to join the System
					 in favor of an optional alternate retirement program approved by the
					 employer.
(1) Every employee, who is
				  eligible for membership in the optional alternate retirement program, shall
				  make the election within 30 days of the first date of active employment.
				  Employees not exercising the option to join the optional alternate retirement
				  program shall be deemed to have chosen to commence active membership in the
				  System, unless they have elected membership in the Public School Employees'
				  Retirement System.
(2) When an
				  eligible employee elected to participate in the optional alternate retirement
				  program in accordance with the provisions of paragraph (2) as it existed on
				  April 15, 2005, or paragraph (4) as it existed on April 15, 2005, or elects to
				  participate in the optional alternate retirement program in accordance with
				  current paragraph (1), the election shall be final and binding so long as the
				  employee remains eligible to remain in the optional alternate retirement
				  program. If the employee later becomes employed by the Commonwealth in a
				  capacity which does not qualify him for membership in the optional alternate
				  retirement program, the employee shall, upon meeting the qualifications for
				  membership in this System, make contributions to the fund, and if eligible, the
				  employee may reinstate former credited service for which contributions had been
				  withdrawn. Remittance of contributions or reinstatement of former credited
				  service shall be made in accordance with the applicable provisions of the code.
				  Service, salary or other compensation paid to an employee while a member of the
				  optional alternate retirement program will not be credited toward membership in
				  or retirement benefit from this System.
(3) Each year, the Board will certify to the
				  Secretary of Education or the governing bodies of employing institutions the
				  percentage rate of the employer normal contribution as determined in accordance
				  with section 5508(b) of the code.