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Definitions - 71 Pa. Cons. Stat. § 5102Legal Research Home > Pennsylvania Statutes
§ 5102. Definitions.
The following words and phrases as used in this part, unless
a different meaning is plainly required by the context, shall
have the following meanings:
"Academic administrator." A management employee in the field
of public education whose work is directly related to academic
instruction, excluding any employee in a position that is
nonacademic in nature, such as, without limitation, a position
that relates to admissions, financial aid, counseling,
secretarial and clerical services, records management, housing,
food service, maintenance and security.
"Active member." A State employee, or a member on leave
without pay, for whom pickup contributions are being made to the
fund or for whom such contributions otherwise required for
current State service are not being made solely by reason of
section 5502.1 (relating to waiver of regular member
contributions and Social Security integration member
contributions) or any provision of this part relating to the
limitations under section 401(a)(17) or section 415(b) of the
Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. §
401(a)(17) or 415(b)).
"Actuarial increase factor." A factor calculated at the
member's birthday by dividing the cost of a dollar annuity based
on the age of the member on the member's immediately previous
birthday by the cost of a one-year deferred dollar annuity
calculated at that same age. Unless the member terminates State
or school service on the member's birthday, the actuarial
increase factor for the year of termination shall be adjusted
by:
(1) subtracting one from the calculated factor; then
(2) dividing the difference by twelve; then
(3) multiplying the resulting quotient by the number of
whole months between the member's immediately previous
birthday and the date of termination of service; then
(4) adding one to the resulting product.
"Actuarially equivalent." Equal present values, computed on
the basis of statutory interest and the mortality tables adopted
by the board.
"Actuary." The consultant to the board who shall be:
(1) a member of the American Academy of Actuaries; or
(2) an individual who has demonstrated to the
satisfaction of the Insurance Commissioner of Pennsylvania
that he has the educational background necessary for the
practice of actuarial science and has had at least seven
years of actuarial experience; or
(3) a firm, partnership, or corporation of which at
least one member meets the requirements of (1) or (2).
"Additional accumulated deductions." The total of the
additional member contributions paid into the fund on account of
current service or previous State or creditable nonstate
service, together with the statutory interest credited thereon
until the date of termination of service. In the case of a
vestee, statutory interest shall be credited until the effective
date of retirement. A member's account shall not be credited
with statutory interest for more than two years during a leave
without pay.
"Alternative investment." An investment in a private equity
fund, private debt fund, venture fund, real estate fund, hedge
fund or absolute return fund.
"Alternative investment vehicle." A limited partnership,
limited liability company or any other legal vehicle for
authorized investments under section 5931(i) (relating to
management of fund and accounts) through which the system makes
an alternative investment.
"Alternate payee." Any spouse, former spouse, child or
dependent of a member who is recognized by a domestic relations
order as having a right to receive all or a portion of the
moneys payable to that member under this part.
"Annuitant." Any member on or after the effective date of
retirement until his annuity is terminated.
"Approved domestic relations order." Any domestic relations
order which has been determined to be approved in accordance
with section 5953.1 (relating to approval of domestic relations
orders).
"Average noncovered salary." The average of the amounts of
compensation received each calendar year since January 1, 1956
exclusive of the amount which was or could have been covered by
the Federal Social Security Act, 42 U.S.C. § 301 et seq., during
that portion of the member's service since January 1, 1956 for
which he has received social security integration credit.
"Basic contribution rate." Five percent (5%), except that in
no case shall any member's rate, excluding the rate for social
security integration credit, be greater than his contribution
rate on the effective date of this part so long as he does not
elect additional coverage or membership in another class of
service.
"Beneficiary." The person or persons last designated in
writing to the board by a member to receive his accumulated
deductions or a lump sum benefit upon the death of such member.
"Board." The State Employees' Retirement Board or the State
Employes' Retirement Board.
"Class of service multiplier."
Class of Service Multiplier
A 1
AA for all purposes
except
calculating regular
member contributions
on compensation
paid prior to
January 1, 2002 1.25
AA for purposes
of calculating
regular member
contributions
on compensation
paid prior to
January 1, 2002 1
B .625
C 1
D 1.25
D-1 prior to
January 1, 1973 1.875
D-1 on and
subsequent to
January 1, 1973 1.731
D-2 prior to
January 1, 1973 2.5
D-2 on and
subsequent to
January 1, 1973 1.731
D-3 prior to
January 1, 1973 3.75
D-3 on and
subsequent to
January 1, 1973 1.731 except prior to December
1, 1974 as applied to any
additional legislative
compensation as an officer
of the General Assembly
3.75
D-4 for all purposes
except
calculating
regular member
contributions
on compensation
paid prior to
July 1, 2001 1.5
D-4 for purposes of
calculating
regular member
contributions
on compensation
paid prior to
July 1, 2001 1
E, E-1 prior to
January 1, 1973 2 for each of the first ten
years of judicial service,
and
1.5 for each subsequent year
of judicial service
E, E-1 on and
subsequent to
January 1, 1973 1.50 for each of the first
ten years of judicial
service and
1.125 for each subsequent year
of judicial service
E-2 prior to
September 1, 1973 1.5
E-2 on and
subsequent to
September 1, 1973 1.125
G 0.417
H 0.500
I 0.625
J 0.714
K 0.834
L 1.000
M 1.100
N 1.250
T-C (Public School 1
Employees'
Retirement Code)
"Commissioner." The Commissioner of the Internal Revenue
Service.
"Compensation." Pickup contributions plus remuneration
actually received as a State employee excluding refunds for
expenses, contingency and accountable expense allowances, and
excluding any severance payments or payments for unused vacation
or sick leave: Provided, however, That compensation received
prior to January 1, 1973, shall be subject to the limitations
for retirement purposes in effect December 31, 1972, if any:
Provided further, That the limitation under section 401(a)(17)
of the Internal Revenue Code of 1986 (Public Law 99-514, 26
U.S.C. § 401(a)(17)) taken into account for the purpose of
member contributions, including any additional member
contributions in addition to regular or joint coverage member
contributions and Social Security integration contributions,
regardless of class of service, shall apply to each member who
first became a member of the State Employees' Retirement System
on or after January 1, 1996, and who by reason of such fact is a
noneligible member subject to the application of the provisions
of section 5506.1(a) (relating to annual compensation limit
under IRC § 401(a)(17)).
"Concurrent service." Service credited in more than one
class of service during the same period of time.
"Correction officer." Any full-time employee assigned to the
Department of Corrections or the Department of Public Welfare
whose principal duty is the care, custody and control of inmates
or direct therapeutic treatment, care, custody and control of
inmates of a penal or correctional institution, community
treatment center, forensic unit in a State hospital or secure
unit of a youth development center operated by the Department of
Corrections or by the Department of Public Welfare.
"County service." Service credited in a retirement system or
pension plan established or maintained by a county to provide
retirement benefits for its employees to the account of county
employees who are transferred to State employment and become
State employees pursuant to 42 Pa.C.S. § 1905 (relating to
county-level court administrators) regardless of whether the
service was performed for the county or another employer or
allowed to be purchased in the county retirement system or
pension plan.
"Creditable nonstate service." Service other than:
(1) service as a State employee;
(2) service converted to State service pursuant to
section 5303.1 (relating to election to convert county
service to State service); or
(3) school service converted to State service pursuant
to section 5303.2 (relating to election to convert school
service to State service) for which an active member may
obtain credit.
"Credited service." State or creditable nonstate service for
which the required contributions have been made or for which the
contributions otherwise required for such service were not made
solely by reason of section 5502.1 (relating to waiver of
regular member contributions and Social Security integration
member contributions) or any provision of this part relating to
the limitations under section 401(a)(17) or 415(b) of the
Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. §
401(a)(17) or 415(b)), or for which salary deductions or lump
sum payments have been agreed upon in writing.
"Date of termination of service." The last day of service
for which pickup contributions are made for an active member or
in the case of an inactive member on leave without pay the date
of his resignation or the date his employment is formally
discontinued by his employer.
"Disability annuitant." A member on and after the effective
date of disability until his annuity or the portion of his
annuity payments in excess of any annuity to which he may
otherwise be entitled is terminated.
"Distribution." Payment of all or any portion of a person's
interest in the State Employees' Retirement Fund which is
payable under this part.
"Domestic relations order." Any judgment, decree or order,
including approval of a property settlement agreement, entered
on or after the effective date of this definition by a court of
competent jurisdiction pursuant to a domestic relations law
which relates to the marital property rights of the spouse or
former spouse of a member, including the right to receive all or
a portion of the moneys payable to that member under this part
in furtherance of the equitable distribution of marital assets.
The term includes orders of support as that term is defined by
23 Pa.C.S. § 4302 (relating to definitions) and orders for the
enforcement of arrearages as provided in 23 Pa.C.S. § 3703
(relating to enforcement of arrearages).
"Effective date of retirement." The first day following the
date of termination of service of a member if he has properly
filed an application for an annuity within 90 days of such date;
in the case of a vestee or a member who does not apply for an
annuity within 90 days after termination of service, the date of
filing an application for an annuity or the date specified on
the application, whichever is later. In the case of a finding of
disability, the date certified by the board as the effective
date of disability.
"Eligibility points." Points which are accrued by an active
member or a multiple service member who is an active member in
the Public School Employees' Retirement System for credited
service and are used in the determination of eligibility for
benefits.
"Enforcement officer."
(1) Any enforcement officer or investigator of the
Pennsylvania Liquor Control Board who is a peace officer
vested with police power and authority throughout the
Commonwealth and any administrative or supervisory employee
of the Pennsylvania Liquor Control Board vested with police
power who is charged with the administration or enforcement
of the liquor laws of the Commonwealth.
(2) Special agents, narcotics agents, asset forfeiture
agents, medicaid fraud agents and senior investigators
hazardous waste prosecutions unit, classified as such and
employed by the Office of Attorney General who have within
the scope of their employment as law enforcement officers the
power to enforce the law and make arrests under the authority
of the act of October 15, 1980 (P.L.950, No.164), known as
the Commonwealth Attorneys Act.
(3) Parole agents, classified as such by the Executive
Board and employed by the Pennsylvania Board of Probation and
Parole.
(4) Waterways conservation officers and other
commissioned law enforcement personnel employed by the
Pennsylvania Fish and Boat Commission who have and exercise
the same law enforcement powers as waterways conservation
officers. This paragraph shall not apply to deputy waterways
conservation officers.
"Final average salary." The highest average compensation
received as a member during any three nonoverlapping periods of
four consecutive calendar quarters during which the member was a
State employee, with the compensation for part-time service
being annualized on the basis of the fractional portion of the
year for which credit is received; except if the employee was
not a member for three nonoverlapping periods of four
consecutive calendar quarters, the total compensation received
as a member, annualized in the case of part-time service,
divided by the number of nonoverlapping periods of four
consecutive calendar quarters of membership; in the case of a
member with multiple service, the final average salary shall be
determined on the basis of the compensation received by him as a
State employee or as a school employee, or both; and, in the
case of a member who first became a member on or after January
1, 1996, the final average salary shall be determined as
hereinabove provided but subject to the application of the
provisions of section 5506.1(a) (relating to annual compensation
limit under IRC § 401(a)(17)).
"Full coverage member." Any member for whom member pickup
contributions are being picked up or who has paid or has agreed
to pay to the fund the actuarial equivalent of regular member
contributions due on account of service prior to January 1,
1982.
"Fund." The State Employees' Retirement Fund.
"Head of department." The chief administrative officer of
the department, the chairman or executive director of the
agency, authority, or independent board or commission, the Court
Administrator of Pennsylvania, and the Chief Clerk of the
Senate, or the Chief Clerk of the House of Representatives.
"Inactive member." A member for whom no pickup contributions
are being made, except in the case of an active member for whom
such contributions otherwise required for current State service
are not being made solely by reason of section 5502.1 (relating
to waiver of regular member contributions and Social Security
integration member contributions) or any provision of this part
relating to the limitations under section 401(a)(17) or 415(b)
of the Internal Revenue Code of 1986 (Public Law 99-514, 26
U.S.C. § 401(a)(17) or 415(b)), but who has accumulated
deductions standing to his credit in the fund and who is not
eligible to become or has not elected to become a vestee or has
not filed an application for an annuity.
"Intervening military service." Active military service of a
member who was a State employee immediately preceding his
induction into the armed services or forces of the United States
in order to meet a military obligation excluding any voluntary
extension of such service and who becomes a State employee
within 90 days of the expiration of such service.
"IRC." The Internal Revenue Code of 1986, as designated and
referred to in section 2 of the Tax Reform Act of 1986 (Public
Law 99-514, 100 Stat. 2085, 2095). A reference in this part to
"IRC § " shall be deemed to refer to the identically numbered
section and subsection or other subdivision of such section in
26 United States Code (relating to Internal Revenue Code).
"Irrevocable beneficiary." The person or persons permanently
designated by a member in writing to the State Employees'
Retirement Board pursuant to an approved domestic relations
order to receive all or a portion of the accumulated deductions
or lump sum benefit payable upon the death of such member.
"Irrevocable survivor annuitant." The person permanently
designated by a member in writing to the State Employees'
Retirement Board pursuant to an approved domestic relations
order to receive an annuity upon the death of such member.
"Joint coverage member." Any member who agreed prior to
January 1, 1966 to make joint coverage member contributions to
the fund and has not elected to become a full coverage member.
"Joint coverage member contributions." Regular member
contributions reduced for a joint coverage member.
"Member." Active member, inactive member, annuitant, vestee
or special vestee.
"Member of the judiciary." Any justice of the Supreme Court,
any judge of the Superior Court, the Commonwealth Court, any
court of common pleas, the Municipal Court and the Traffic Court
of Philadelphia, or any community court.
"Member's annuity." The single life annuity which is
actuarially equivalent, at the effective date of retirement, to
the sum of the regular accumulated deductions, the additional
accumulated deductions and the social security integration
accumulated deductions standing to the member's credit in the
members' savings account.
"Military service." All active military service for which a
member has received a discharge other than an undesirable, bad
conduct, or dishonorable discharge.
"Multiple service." Credited service of a member who has
elected to combine his credited service in both the State
Employees' Retirement System and the Public School Employees'
Retirement System.
"Noneligible member." For the purposes of section 5506.1
(relating to annual compensation limit under IRC § 401(a)(17)),
a member who first became a member on or after January 1, 1996.
"Nonstudent service." Employment in an educational
institution that is not contingent on the employee's enrollment
as a student or maintenance of student status at such
institution and for which only monetary compensation is
received, excluding tuition waivers or reimbursement, academic
credit, housing, meals and other in-kind compensation.
"Pickup contributions." Regular or joint coverage member
contributions, social security integration contributions and
additional member contributions which are made by the
Commonwealth or other employer for active members for current
service on and after January 1, 1982.
"Previous State service." Service rendered as a State
employee prior to his most recent entrance in the system.
"Psychiatric security aide." Any employee whose principal
duty is the care, custody and control of the criminally insane
inmates of a maximum security institution for the criminally
insane or detention facility operated by the Department of
Public Welfare.
"Public School Employees' Retirement System." The retirement
system established by the act of July 18, 1917 (P.L.1043,
No.343), and codified by the act of June 1, 1959 (P.L.350,
No.77).
"Regular accumulated deductions." The total of the regular
or joint coverage member contributions paid into the fund on
account of current service or previous State or creditable
nonstate service, together with the statutory interest credited
thereon until the date of termination of service. In the case of
a vestee or a special vestee, statutory interest shall be
credited until the effective date of retirement. A member's
account shall not be credited with statutory interest for more
than two years during a leave without pay.
"Regular member contributions." The product of the basic
contribution rate, the class of service multiplier if greater
than one and the compensation of the member.
"Retirement counselor." The State Employees' Retirement
System employee whose duty it shall be to advise each employee
of his rights and duties as a member of the system.
"Salary deductions." The amounts certified by the board,
deducted from the compensation of an active member, or the
school service compensation of a multiple service member who is
an active member of the Public School Employees' Retirement
System, and paid into the fund.
"School service." Service rendered as a public school
employee and credited as service in the Public School Employees'
Retirement System.
"Service connected disability." A disability resulting from
an injury arising in the course of State employment, and which
is compensable under the applicable provisions of the act of
June 2, 1915 (P.L.736, No.338), known as "The Pennsylvania
Workmen's Compensation Act," or the act of June 21, 1939
(P.L.566, No.284), known as "The Pennsylvania Occupational
Disease Act."
"Social security integration accumulated deductions." The
total of the member contributions paid into the fund on account
of social security integration credit, together with the
statutory interest credited thereon until the date of
termination of service or until the date of withdrawal thereof,
whichever is earlier. In the case of a vestee statutory interest
shall be credited until the effective date of retirement. A
member's account shall not be credited with statutory interest
for more than two years during a leave without pay.
"Special vestee." An employee of The Pennsylvania State
University who is a member of the State Employees' Retirement
System with five or more but less than ten eligibility points
and who has a date of termination of service from The
Pennsylvania State University of June 30, 1997, because of the
transfer of his job position or duties to a controlled
organization of the Penn State Geisinger Health System or
because of the elimination of his job position or duties due to
the transfer of other job positions or duties to a controlled
organization of the Penn State Geisinger Health System, provided
that:
(1) subsequent to termination of State service as an
employee of The Pennsylvania State University, the member has
not returned to State service in any other capacity or
position as a State employee;
(2) The Pennsylvania State University certifies to the
board that the member is eligible to be a special vestee;
(3) the member files an application to vest the member's
retirement rights pursuant to section 5907(f) (relating to
rights and duties of State employees and members) on or
before September 30, 1997; and
(4) the member elects to leave the member's total
accumulated deductions in the fund and to defer receipt of an
annuity until attainment of superannuation age.
"Standard single life annuity." An annuity equal to 2% of
the final average salary, multiplied by the total number of
years and fractional part of a year of credited service of a
member.
"State employee." Any person holding a State office or
position under the Commonwealth, employed by the State
Government of the Commonwealth, in any capacity whatsoever,
except an independent contractor or any person compensated on a
fee basis or any person paid directly by an entity other than a
State Employees' Retirement System employer, and shall include
members of the General Assembly, and any officer or employee of
the following:
(1) (i) The Department of Education.
(ii) State-owned educational institutions.
(iii) Community colleges.
(iv) The Pennsylvania State University, except an
employee in the College of Agriculture who is paid wholly
from Federal funds or an employee who is participating in
the Federal Civil Service Retirement System. The
university shall be totally responsible for all employer
contributions under section 5507 (relating to
contributions by the Commonwealth and other employers).
(2) The Pennsylvania Turnpike Commission, the Delaware
River Port Authority, the Port Authority Transit Corporation,
the Philadelphia Regional Port Authority, the Delaware River
Joint Toll Bridge Commission, the State Public School
Building Authority, The General State Authority, the State
Highway and Bridge Authority, the Delaware Valley Regional
Planning Commission, the Interstate Commission of the
Delaware River Basin, and the Susquehanna River Basin
Commission any time subsequent to its creation, provided the
commission or authority agrees to contribute and does
contribute to the fund, from time to time, the moneys
required to build up the reserves necessary for the payment
of the annuities of such officers and employees without any
liability on the part of the Commonwealth to make
appropriations for such purposes, and provided in the case of
employees of the Interstate Commission of the Delaware River
Basin, that the employee shall have been a member of the
system for at least ten years prior to January 1, 1963.
(3) Any separate independent public corporation created
by statute, not including any municipal or quasi-municipal
corporation, so long as he remains an officer or employee of
such public corporation, and provided that such officer or
employee of such public corporation was an employee of the
Commonwealth immediately prior to his employment by such
corporation, and further provided such public corporation
shall agree to contribute and contributes to the fund, from
time to time, the moneys required to build up the reserves
necessary for the payment of the annuities of such officers
and employees without any liability on the part of the
Commonwealth to make appropriations for such purposes.
"State police officer." Any officer or member of the
Pennsylvania State Police who, on or after July 1, 1989, shall
have been subject to the terms of a collective bargaining
agreement or binding interest arbitration award established
pursuant to the act of June 24, 1968 (P.L.237, No.111), referred
to as the Policemen and Firemen Collective Bargaining Act.
"State service." Service converted from county service
pursuant to section 5303.1 (relating to election to convert
county service to State service), converted from school service
pursuant to section 5303.2 (relating to election to convert
school service to State service) or rendered as a State
employee.
"Statutory interest." Interest at 4% per annum, compounded
annually.
"Superannuation age." Any age upon accrual of 35 eligibility
points or age 60, except for a member of the General Assembly,
an enforcement officer, a correction officer, a psychiatric
security aide, a Delaware River Port Authority policeman or an
officer of the Pennsylvania State Police, age 50, and, except
for a member with Class G, Class H, Class I, Class J, Class K,
Class L, Class M or Class N service, age 55 upon accrual of 20
eligibility points.
"Superannuation annuitant." An annuitant whose annuity first
became payable on or after the attainment of superannuation age
and who is not a disability annuitant.
"Survivor annuitant." The person or persons last designated
by a member under a joint and survivor annuity option to receive
an annuity upon the death of such member.
"System." The State Employees' Retirement System of
Pennsylvania as established by the act of June 27, 1923
(P.L.858, No.331), and codified by the act of June 1, 1959
(P.L.392, No.78) and the provisions of this part.
"Total accumulated deductions." The sum of the regular
accumulated deductions, additional accumulated deductions, the
social security integration accumulated deductions, and all
other contributions paid into the fund for the purchase,
transfer or conversion of credit for service or other coverage
together with all statutory interest credited thereon until the
date of termination of service. In the case of a vestee or a
special vestee, statutory interest shall be credited until the
effective date of retirement. A member's account shall not be
credited with statutory interest for more than two years during
a leave without pay.
"Valuation interest." Interest at 5 1/2% per annum
compounded annually and applied to all accounts other than the
members' savings account.
"Vestee." A member with five or more eligibility points, or
a member with Class G, Class H, Class I, Class J, Class K, Class
L, Class M or Class N service with five or more eligibility
points, who has terminated State service and has elected to
leave his total accumulated deductions in the fund and to defer
receipt of an annuity.
(Oct. 7, 1975, P.L.348, No.101, eff. imd.; July 9, 1976,
P.L.586, No.142; Nov. 26, 1982, P.L.748, No.204, eff. imd.; Dec.
14, 1982, P.L.1249, No.284, eff. imd.; July 22, 1983, P.L.104,
No.31, eff. imd.; Apr. 4, 1984, P.L.203, No.42, eff. 60 days;
July 13, 1987, P.L.296, No.53, eff. imd.; Aug. 5, 1991, P.L.183,
No.23; Apr. 29, 1994, P.L.159, No.29, eff. 60 days; Dec. 20,
1995, P.L.689, No.77; June 25, 1997, P.L.369, No.41, eff. imd.;
June 22, 1999, P.L.75, No.12, eff. imd.; May 17, 2001, P.L.26,
No.9; Apr. 23, 2002, P.L.272, No.38, eff. imd.; Oct. 27, 2006,
P.L.1177, No.120, eff. imd.)
2006 Amendment. Act 120 added the defs. of "alternative
investment" and "alternative investment vehicle."
2002 Amendment. Act 38 amended the defs. of "creditable
nonstate service," "State employee," "State service" and "total
accumulated deductions."
2001 Amendment. Act 9 amended the defs. of "active member,"
"class of service multiplier," "credited service," "inactive
member," "salary deductions" and "vestee" and added the defs. of
"actuarial increase factor" and "State police officer,"
effective immediately as to the defs. of "active member,"
"credited service" and "inactive member," effective September 1,
2001, as to "actuarial increase factor" and effective July 1,
2001, as to the remainder of the section. See section 37 of Act
9 in the appendix to this title for special provisions relating
to applicability of amendment to State Employees' Retirement
System members.
1999 Amendment. Act 12 amended the defs. of "class of
service multiplier," "creditable nonstate service," "State
service," "superannuation age" and "vestee" and added the def.
of "county service."
1997 Amendment. Act 41 amended the defs. of "member,"
"regular accumulated deductions" and "total accumulated
deductions" and added the defs. of "enforcement officer" (4) and
"special vestee."
1995 Amendment. Act 77 amended "active member,"
"compensation," "credited service," "final average salary" and
"inactive member," effective January 1, 1996, and added
"commissioner," "distribution" and "IRC," effective immediately,
and "noneligible member," effective January 1, 1996. Section
15(5) of Act 77 provided that the defs. of "commissioner,"
"distribution" and "IRC" shall be retroactive to October 22,
1986, the date of enactment of the Tax Reform Act of 1986
(Public Law 99-514, 100 Stat. 2085).
1994 Amendment. Act 29 amended the def. of "superannuation
annuitant" and added the defs. of "alternate payee," "approved
domestic relations order," "disability annuitant," "domestic
relations order," "irrevocable beneficiary" and "irrevocable
survivor annuitant."
1991 Amendment. Act 23 amended the defs. of "correction
officer," "enforcement officer," "retirement counselor" and
"State employee" and added the defs. of "academic administrator"
and "nonstudent service," effective immediately except as to the
amendment of the def. of "retirement counselor" which shall take
effect on the date of publication in the Pennsylvania Bulletin
of a certification by the State Employees' Retirement Board that
the seven-office Statewide retirement counseling field office
network is fully implemented. See section 26 of Act 23 in the
appendix to this title for special provisions relating to
credited service for enforcement officers.
1983 Amendment. Act 31 amended the defs. of "full coverage
member," "member's annuity," "pickup contributions," "social
security integration accumulated deductions" and "total
accumulated deductions" and added the def. of "additional
accumulated deductions." See section 10 of Act 31 in the
appendix to this title for special provisions relating to waiver
of actuarial note requirement for retirement bills.
1982 Amendments. Act 204 amended the definition of "State
employee" and Act 284 amended the entire section. The amendments
by Acts 204 and 284 overlooked each other but do not conflict in
substance and have been given effect in setting forth the text
of the section. See sections 2, 3 and 4 of Act 284 in the
appendix to this title for special provisions relating to
required contributions by head of department, nonseverability
and retroactivity.
Special Provisions in Appendix. See sections 2(c), 3(2) and
4(1) and (3) of Act 31 of 1974 in the appendix to this title for
special provisions relating to final average salary of executive
officers, legislators, judges and officers of the Pennsylvania
State Police and crediting of statutory interest to accounts of
members on leave without pay and to the applicability of former
provisions relating to contribution rates of members.
Public School Employees' Retirement System. The acts of July
18, 1917 (P.L.1043, No.343), and June 1, 1959 (P.L.350, No.77),
referred to in the definition of "Public School Employees'
Retirement System," were repealed October 2, 1975, P.L.298,
No.96, effective immediately. The subject matter is now covered
in Part IV of Title 24 (Education).
References in Text. The short title of the act of June 2,
1915 (P.L.736, No.338), known as The Pennsylvania Workmen's
Compensation Act, referred to in the def. of "service connected
disability," was amended by the act of July 2, 1993, P.L.190,
No.44. The amended short title is now the Workers' Compensation
Act.
Cross References. Section 5102 is referred to in sections
5303, 5303.2, 5307, 5953.5 of this title.
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