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Duties of employers - 24 Pa. Cons. Stat. § 8506Legal Research Home > Pennsylvania Statutes
§ 8506. Duties of employers.
(a) Status of members.--The employer shall, each month,
notify the board in a manner prescribed by the board of the
salary changes effective during the past month, the date of all
removals from the payroll, and the type of leave of any member
who has been removed from the payroll for any time during that
month, and:
(1) if the removal is due to leave without pay, the
employer shall furnish the board with the date of beginning
leave, the date of return to service, and the reason for
leave;
(2) if the removal is due to a transfer to another
employer, the former employer shall furnish such employer and
the board with a complete school service record, including
credited or creditable nonschool service; or
(3) if the removal is due to termination of school
service, the employer shall furnish the board with a complete
school service record including credited or creditable
nonschool service and in the case of death of the member the
employer shall so notify the board.
(b) Records and information.--At the direction of the board,
the employer shall furnish service and compensation records as
well as other information requested by the board and shall
maintain and preserve such records as the board may require for
the expeditious discharge of its duties.
(c) Member and employer contributions.--The employer shall
certify to its treasurer the required member contributions
picked up and any other contributions, including, but not
limited to, amounts collected for the State Employees'
Retirement Board for the reinstatement of previous State service
or creditable nonstate service and amounts paid to return
benefits paid after the date of return to State service or
entering school service, deducted from each payroll. On July 1,
1996, and upon any later effective date of employment of any
noneligible member to whom limitations under IRC § 401(a)(17) or
415(b) applies or is expected to apply, the employer shall
identify to its treasurer or other payroll administrator the
member or members to whom such limit applies or may apply and
shall cause any such member's contributions deducted from
payroll and the employer's contribution on his behalf to cease
at the limitations under IRC § 401(a)(17) or 415(b) on the
payroll date if and when such limit shall be reached. The
treasurer shall remit to the secretary of the board each month
the total of the member contributions and the amount due from
the employer determined in accordance with section 8327
(relating to payments by employers). If, upon crediting the
remittance of a noneligible member's contributions to the
member's savings account, the board shall determine that such
account shall have been credited with pickup contributions
attributable to compensation which is in excess of the annual
compensation limit under IRC § 401(a)(17) or 415(b), or with
total member contributions for such member which would cause
such member's contributions or benefits to exceed any applicable
limitation on contributions or benefits under IRC § 401(a)(17)
or 415(b), the board shall as soon as practicable refund to the
member from his individual member account such amount, together
with the statutory interest thereon, as will cause the member's
total member contributions not to exceed the applicable limit.
The payment of any such refund to the member shall be charged to
the member's savings account.
(d) New employees subject to mandatory membership.--Upon the
assumption of duties of each new school employee whose
membership in the system is mandatory, the employer shall no
later than 30 days thereafter cause an application for
membership, which application shall include the employee's home
address, birthdate certified by the employer, previous school or
State service and any other information requested by the board,
and a nomination of beneficiary to be made by such employee and
filed with the board and shall make pickup contributions from
the effective date of school employment.
(e) New employees subject to optional membership.--The
employer shall inform any eligible school employee whose
membership in the system is not mandatory of his opportunity to
become a member of the system provided that he elects to
purchase credit for all such continuous creditable service. If
such employee so elects, the employer shall no later than 30
days thereafter cause an application for membership which
application shall include the employee's home address, birthdate
certified by the employer, previous school or State service and
any other information requested by the board, and a nomination
of beneficiary to be made by him and filed with the board and
shall cause proper contributions to be made from the date of
election of membership.
(f) Advising members of duties.--The employer shall advise
his employees of their duties as members of the system. Local
school districts shall be held harmless from decisions made by
the employee in this regard.
(g) Former State employee contributors.--The employer shall,
upon the employment of a former member of the State Employees'
Retirement System who is not an annuitant of the State
Employees' Retirement System, advise such employee of his right
to elect multiple service membership within 365 days of entry
into the system and, in the case any such employee who so elects
has withdrawn his accumulated deductions, require him to restore
his 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 date of repayment. The employer shall advise
the board of such election.
(h) Former State employee annuitants.--The employer shall,
upon the employment of an annuitant of the State Employees'
Retirement System who applies for membership in the system,
advise such employee that he may elect multiple service
membership within 365 days of entry into the system and that if
he so elects his annuity from the State Employees' Retirement
System will be discontinued effective upon the date of his
return to school service and, upon termination of school service
and application for an annuity, the annuity will be adjusted in
accordance with section 8346 (relating to termination of
annuities). The employer shall advise the board of such
election.
(i) Termination of service.--The employer shall, in the case
of any member terminating school service, advise such member in
writing of any benefits to which he may be entitled under the
provisions of this part and shall have the member prepare, on or
before the date of termination of school service, one of the
following three forms, a copy of which shall be given to the
member and the original of which shall be filed with the board:
(1) An application for the return of accumulated
deductions.
(2) An election to vest his retirement rights and, if he
is a joint coverage member and so desires, an election to
become a full coverage member and an agreement to pay within
30 days of the date of termination of service the lump sum
required.
(3) An application for an immediate annuity and, if he
is a joint coverage member and so desires, an election to
become a full coverage member and an agreement to pay within
30 days of date of termination of service the lump sum
required.
(j) Date of application for benefits.--Any application
properly executed and filed with the employer under subsection
(i) or properly executed and filed with the employer after
termination of service shall be deemed to have been filed with
the board on the date filed with the employer.
(July 22, 1983, P.L.104, No.31, eff. imd.; Dec. 19, 1984,
P.L.1191, No.226, eff. imd.; Dec. 20, 1995, P.L.689, No.77, eff.
July 1, 1996; May 17, 2001, P.L.26, No.9)
2001 Amendment. Act 9 amended subsecs. (c), (g) and (h),
effective immediately as to subsec. (c) and July 1, 2001, as to
the remainder of the section.
1984 Amendment. Act 226 reenacted subsecs. (c), (d) and (e),
retroactive to January 1, 1983.
Cross References. Section 8506 is referred to in section
8502 of this title.
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Last modified: November 27, 2007 |