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Mandatory and optional membership - 71 Pa. Cons. Stat. § 5301Legal Research Home > Pennsylvania Statutes
CHAPTER 53
MEMBERSHIP, CREDITED SERVICE, CLASSES OF
SERVICE, AND ELIGIBILITY FOR BENEFITS
Sec.
5301. Mandatory and optional membership.
5302. Credited State service.
5303. Retention and reinstatement of service credits.
5303.1. Election to convert county service to State service.
5303.2. Election to convert school service to State service.
5304. Creditable nonstate service.
5305. Social security integration credits.
5305.1. Eligibility for actuarial increase factor.
5306. Classes of service.
5306.1. Election to become a Class AA member.
5306.2. Elections by members of the General Assembly.
5307. Eligibility points.
5308. Eligibility for annuities.
5308.1. Eligibility for special early retirement.
5308.2. Eligibility for limited early retirement.
5309. Eligibility for vesting.
5309.1. Eligibility for special vesting.
5310. Eligibility for death benefits.
5311. Eligibility for refunds.
Enactment. Chapter 53 was added March 1, 1974, P.L.125,
No.31, effective immediately.
§ 5301. Mandatory and optional membership.
(a) Mandatory membership.--Membership in the system shall be
mandatory as of the effective date of employment for all State
employees except the following:
(1) Governor.
(2) Lieutenant Governor.
(3) Members of the General Assembly.
(4) Heads or deputy heads of administrative departments.
(5) Members of any independent administrative board or
commission.
(6) Members of any departmental board or commission.
(7) Members of any advisory board or commission.
(8) Secretary to the Governor.
(9) Budget Secretary.
(10) Legislative employees.
(11) School employees who have elected membership in the
Public School Employees' Retirement System.
(12) School employees who have elected membership in an
independent retirement program approved by the employer,
provided that in no case, except as hereinafter provided,
shall the employer contribute on account of such elected
membership at a rate greater than the employer normal
contribution rate as determined in section 5508(b) (relating
to actuarial cost method). For the fiscal year 1986-1987 an
employer may contribute on account of such elected membership
at a rate which is the greater of 7% or the employer normal
contribution rate as determined in section 5508(b) and for
the fiscal year 1992-1993 and all years after that at a rate
of 9.29%.
(13) Persons who have elected to retain membership in
the retirement system of the political subdivision by which
they were employed prior to becoming eligible for membership
in the State Employees' Retirement System.
(14) Persons who are not members of the system and are
employed on a per diem or hourly basis for less than 100 days
or 750 hours in a 12-month period.
(15) Employees of the Philadelphia Regional Port
Authority who have elected to retain membership in the
pension plan or retirement system in which they were enrolled
as employees of the predecessor Philadelphia Port Corporation
prior to the creation of the Philadelphia Regional Port
Authority.
(16) Employees of the Juvenile Court Judges' Commission
who, before the effective date of this paragraph, were
transferred from the State System of Higher Education to the
Juvenile Court Judges' Commission as a result of an
interagency transfer of staff approved by the Office of
Administration and who, while employees of the State System
of Higher Education, had elected membership in an independent
retirement program approved by the employer.
(b) Optional membership.--The State employees listed in
subsection (a)(1) through (11) shall have the right to elect
membership in the system; once such election is exercised,
membership shall continue until the termination of State
service.
(c) Prohibited membership.--The State employees listed in
subsection (a)(12), (13), (14) and (15) shall not have the right
to elect membership in the system.
(d) Return to service.--An annuitant who returns to service
as a State employee shall resume active membership in the system
as of the effective date of employment, except as otherwise
provided in section 5706(a) (relating to termination of
annuities), regardless of the optional membership category of
the position.
(e) Election prohibited.--Notwithstanding subsections
(a)(13) and (c), 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) shall not
have the election to remain a contributor in the retirement
system or pension plan of the county by which they were employed
prior to becoming eligible for membership in the State
Employees' Retirement System. Such employees shall be mandatory
members of the system provided they are otherwise eligible and
unless they are eligible for optional membership pursuant to
subsections (a)(1) through (11) and (b) or prohibited membership
pursuant to subsections (a)(14) and (c).
(f) Additional optional membership.--The State employees
listed in subsection (a)(16) shall be mandatory members of the
system as of the effective date of employment with the Juvenile
Court Judges' Commission unless they elect membership in an
independent retirement program approved by the Juvenile Court
Judges' Commission. Employees who elect membership in an
independent retirement program approved by the Juvenile Court
Judges' Commission shall be prohibited from being active members
in the system while employed by the Juvenile Court Judges'
Commission. If an employee described in this subsection becomes
a State employee with an employer other than the Juvenile Court
Judges' Commission, then membership for that employee shall be
determined as otherwise provided for in this part. The election
of membership in the independent retirement program approved by
the Juvenile Court Judges' Commission must be made by the
transferred employee filing written notice with the employer
while a State employee no later than 90 days after the effective
date of this subsection. Upon receipt of such an election, the
Juvenile Court Judges' Commission shall certify the election to
the board and the independent retirement program.
(Oct. 7, 1975, P.L.348, No.101, eff. imd.; Mar. 4, 1982,
P.L.141, No.45, eff. imd.; Dec. 15, 1986, P.L.1597, No.176, eff.
imd.; Oct. 30, 1987, P.L.380, No.78, eff. imd.; Aug. 5, 1991,
P.L.183, No.23, eff. imd.; Nov. 30, 1992, P.L.737, No.112, eff.
imd.; June 22, 1999, P.L.75, No.12, eff. imd.; Apr. 23, 2002,
P.L.272, No.38, eff. imd.)
2002 Amendment. Act 38 added subsecs. (a)(16) and (f).
1999 Amendment. Act 12 added subsec. (e). See sections 19
and 22(b) of Act 12 in the appendix to this title for special
provisions relating to required membership in State Employees'
Retirement System and contributions left in county retirement
system.
1992 Amendment. Act 112 amended subsec. (a)(12). See section
5 of Act 112 in the appendix to this title for special
provisions relating to annual employer contribution rates to
optional alternate retirement programs.
1991 Amendment. Act 23 amended subsecs. (a) and (c).
1982 Amendment. Act 45 added subsec. (d).
Special Provisions in Appendix. See sections 2 and 3 of Act
78 of 1987 in the appendix to this title for special provisions
relating to annual employer contribution rates to optional
alternate retirement programs and effective date and
retroactivity.
Cross References. Section 5301 is referred to in sections
5303, 5303.2, 5304, 5306, 5701.1 of this title.
Section: Previous 5101 5102 5103 5301 5302 5303 5304 5305 5306 5306.2 5307 5308 5309 5310 5311 Next
Last modified: November 27, 2007 |
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