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Duties of board regarding applications and elections of members - 24 Pa. Cons. Stat. § 8505Legal Research Home > Pennsylvania Statutes
§ 8505. Duties of board regarding applications and elections of
members.
(a) Statement to new members.--As soon as practicable after
each member shall have joined the system, the board shall issue
to him a statement as to the aggregate length of total previous
school service and creditable nonschool service for which he may
receive credit.
(b) State employees electing multiple service status.--Upon
receipt of notification from the State Employees' Retirement
Board that a former school employee has become an active member
in the State Employees' Retirement System and has elected to
become a member with multiple service status, the board shall:
(1) In case of a member who is receiving an annuity from
the system:
(i) Discontinue payments, transfer the present value
of the member's annuity at the time of entering State
service, plus the amount withdrawn in a lump sum payment,
on or after the date of entering State service, pursuant
to section 8345 (relating to member's options), with
statutory interest to date of transfer, minus the amount
to be returned to the board on account of return to
service that the board has determined is to be credited
in the members' savings account, from the annuity reserve
account to the members' savings account and resume
crediting of statutory interest on the amount restored to
his credit.
(ii) Transfer the balance of the present value of
the total annuity, minus the amount to be returned to the
board on account of return to service that the board has
determined is to be credited in the State accumulation
account, from the annuity reserve account to the State
accumulation account.
(iii) Certify to the member the amount of lump sum
and annuity payments with statutory interest the member
is to return to the board and, of those amounts, which
amount shall be credited to the members' savings account
and credited with statutory interest as such payments are
returned and which amount shall be credited to the State
accumulation account.
(2) In case of a member who is not receiving an annuity
from the system and who has not withdrawn his accumulated
deductions, continue or resume the crediting of statutory
interest on his accumulated deductions.
(3) In case of a member who is not receiving an annuity
from the system and his accumulated deductions were
withdrawn, certify to the member the accumulated deductions
as they would have been at the time of his separation had he
been a full coverage member together with statutory interest
for all periods of subsequent State and school service to the
date of repayment. Such amount shall be restored by him and
shall be credited with statutory interest as such payments
are restored.
(c) Disability annuities.--In every case where the board has
received an application duly executed by the member or by a
person legally authorized to act in his behalf for a disability
annuity based upon the member's physical or mental incapacity
for the performance of the job for which he is employed, the
board shall:
(1) Through the medical examiner, have the application
and any supporting medical records and other documentation
submitted with the application reviewed and, on the basis of
said review and the subsequent recommendation by the medical
examiner regarding the applicant's medical qualification for
a disability annuity along with such other recommendations
which he may make with respect to the permanency of
disability or the need for subsequent reviews, make a finding
of disability or nondisability and, in the case of
disability, establish an effective date of disability and the
terms and conditions regarding subsequent reviews.
(2) Upon the recommendation of the medical examiner on
the basis of a review of subsequent medical reports submitted
with an application for continuance of disability, make a
finding of disability or nondisability and, in the case of a
finding of nondisability, establish the date of termination
of disability and at that time discontinue any annuity
payments in excess of any annuity to which he may be
otherwise entitled under section 8342 (relating to maximum
single life annuity).
(3) Upon receipt of a written statement from a
disability annuitant of his earned income of the previous
year, adjust the payments of the disability annuity for the
following year in accordance with the provisions for a
reduction of disability payments of section 8344 (relating to
disability annuities).
(d) Withdrawal of accumulated deductions.--(Deleted by
amendment).
(e) Certification to vestees terminating service.--The board
shall certify to a vestee within one year of termination of
service of such member:
(1) The accumulated deductions standing to his credit at
the date of termination of service.
(2) The number of years and fractional part of a year of
credit in each class of service.
(3) The maximum single life annuity to which the vestee
shall become entitled upon the attainment of superannuation
age and the filing of an application for such annuity.
(f) Notification to vestees approaching superannuation
age.--The board shall notify each vestee in writing 90 days
prior to his attainment of superannuation age that he shall
apply for his annuity within 90 days of attainment of
superannuation age; that, if he does so apply, his effective
date of retirement will be the date of attainment of
superannuation age; that, if he does not so apply but defers his
application to a later date, his effective date of retirement
will be the date of filing the application or the date specified
on the application, whichever is later; and that, if he does not
file an application within seven years after attaining
superannuation age, he shall be deemed to have elected to
receive his accumulated deductions upon attainment of
superannuation age.
(g) Initial annuity payment and certification.--The board
shall make the first monthly payment to a member who is eligible
for an annuity within 60 days of the filing of his application
for an annuity or, in the case of a vestee who has deferred the
filing of his application to a date later than 90 days following
attainment of superannuation age, within 60 days of his
effective date of retirement, and receipt of the required data
from the employer of the member. Concurrently the board shall
certify to such member:
(1) The accumulated deductions standing to his credit
showing separately the amount contributed by the member, the
pickup contribution and the interest credited to the date of
termination of service.
(2) The number of years and fractional part of a year
credited in each class of service.
(3) The final average salary on which his annuity is
based as well as any applicable reduction factors due to age
or election of an option or both.
(4) The total annuity payable under the option elected
and the amount and effective date of any future reduction on
account of social security old-age insurance benefits.
(h) Death benefits.--Upon receipt of notification of the
death of a member, the board shall notify the designated
beneficiary or survivor annuitant of the benefits to which he is
entitled and shall make the first payment to the beneficiary
under the plan elected by the beneficiary within 60 days of
receipt of certification of death and other necessary data. If
no beneficiary designation is in effect at the date of the
member's death or no notice has been filed with the board to pay
the amount of such benefits to the member's estate, the board is
authorized to pay such benefits to the executor, administrator,
surviving spouse or next-of-kin of the deceased member, and
payment pursuant hereto shall fully discharge the fund from any
further liability to make payment of such benefits to any other
person. If the surviving spouse or next-of-kin of the deceased
member cannot be found for the purpose of paying such benefits
for a period of seven years from the date of death of the
member, then such benefits shall be escheated to the
Commonwealth for the benefit of the fund.
(i) Medical insurance coverage.--Upon receipt of
notification from an insurance carrier offering a health
insurance program approved by the board that an annuitant who
has attained age 65 has elected medical, major medical, and
hospitalization insurance coverage or notification that
annuitants with less than 24 1/2 eligibility points (other than
disability annuitants), spouses of annuitants and survivor
annuitants eligible to elect to enroll in the approved health
insurance program have elected participation in such health
insurance program, the board may deduct from the annuity
payments the appropriate annual charges in equal monthly
installments. Such deductions shall be transmitted to the
insurance carrier.
(j) Joint coverage annuitants.--The board shall notify in
writing each joint coverage annuitant who retired prior to July
1, 1962 that he may elect any time prior to, but not later than,
one year following the effective date of this part, to receive
his annuity without reduction attributable to social security
coverage. The board shall within 60 days of such election
certify in writing to each annuitant who so elects the amount
required to be paid. Upon receipt of a lump sum payment within
60 days in the amount certified to such annuitant, the board
shall recompute the annuity payable to such annuitant and the
annuity and/or lump sum, if any, payable upon his death to his
beneficiary or survivor annuitant as though he had been a full
coverage member on the effective date of retirement. Such
recomputed annuity shall be paid beginning with the second
monthly payment next following the month in which the lump sum
payment is received.
(k) School employees electing multiple service status.--Upon
receipt of notification from the State Employees' Retirement
Board that a member who has elected multiple service membership
has elected to restore State service or purchase creditable
nonstate service in the State Employees' Retirement System or is
obligated to return benefits to the State Employees' Retirement
Board on account of electing multiple service membership has
elected to pay all or part of the amount due to the State
Employees' Retirement Board by salary deductions, the board
shall collect from the employee the amounts certified by the
State Employees' Retirement Board as due and owing by the member
and shall certify and transfer to the State Employees'
Retirement Board the amounts so collected.
(July 22, 1983, P.L.104, No.31, eff. imd.; Dec. 19, 1984,
P.L.1191, No.226, eff. imd.; June 13, 1985, P.L.40, No.19, eff.
imd.; Aug. 5, 1991, P.L.183, No.23, eff. imd.; Apr. 29, 1994,
P.L.159, No.29, eff. 60 days; May 17, 2001, P.L.26, No.9, eff.
July 1, 2001)
2001 Amendment. Act 9 amended subsec. (b) and added subsec.
(k).
1994 Amendment. Act 29 amended subsecs. (c), (f), (g) and
(h).
1991 Amendment. Act 23 amended subsec. (i).
1985 Amendment. Act 19 amended subsec. (c) and deleted
subsec. (d).
Cross References. Section 8505 is referred to in sections
8307, 8344, 8502.2, 8507, 9101 of this title.
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Last modified: November 27, 2007 |