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Credited State service - 71 Pa. Cons. Stat. § 5302

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     § 5302.  Credited State service.
        (a)  Computation of credited service.--In computing credited
     State service of a member for the determination of benefits, a
     full-time salaried State employee, including any member of the
     General Assembly, shall receive credit for service in each
     period for which contributions as required are made, or for
     which 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 IRC § 401(a)(17) or 415(b), but in no case
     shall he receive more than one year's credit for any 12
     consecutive months or 26 consecutive biweekly pay periods. A per
     diem or hourly State employee shall receive one year of credited
     service for each nonoverlapping period of 12 consecutive months
     or 26 consecutive biweekly pay periods in which he is employed
     and for which contributions are made or would have been made but
     for such waiver under section 5502.1 or limitations under the
     IRC for at least 220 days or 1,650 hours of employment. If the
     member was employed and contributions were made for less than
     220 days or 1,650 hours, he shall be credited with a fractional
     portion of a year determined by the ratio of the number of days
     or hours of service actually rendered to 220 days or 1,650
     hours, as the case may be. A part-time salaried employee shall
     be credited with the fractional portion of the year which
     corresponds to the number of hours or days of service actually
     rendered in relation to 1,650 hours or 220 days, as the case may
     be. In no case shall a member who has elected multiple service
     receive an aggregate in the two systems of more than one year of
     credited service for any 12 consecutive months.
        (b)  Creditable leaves of absence.--
            (1)  A member on leave without pay who is studying under
        a Federal grant approved by the head of his department or who
        is engaged up to a maximum of two years of temporary service
        with the United States Government, another state or a local
        government under the Intergovernmental Personnel Act of 1970,
        5 U.S.C. §§ 1304, 3371-3376; 42 U.S.C. §§ 4701-4772, shall be
        eligible for credit for such service: Provided, That
        contributions are made in accordance with sections 5501
        (relating to regular member contributions for current
        service), 5505.1 (relating to additional member
        contributions) and 5507 (relating to contributions by the
        Commonwealth and other employers), the member returns from
        leave without pay to active State service for a period of at
        least one year, and he is not entitled to retirement benefits
        for such service under a retirement system administered by
        any other governmental agency.
            (2)  An active member on paid leave granted by an
        employer for purposes of serving as an elected full-time
        officer for a Statewide employee organization which is a
        collective bargaining representative under the act of June
        24, 1968 (P.L.237, No.111), referred to as the Policemen and
        Firemen Collective Bargaining Act, or the act of July 23,
        1970 (P.L.563, No.195), known as the Public Employe Relations
        Act, and up to 14 full-time business agents appointed by an
        employee organization that represents correction officers
        employed at State correctional institutions: Provided, That
        for elected full-time officers such leave shall not be for
        more than three consecutive terms of the same office and for
        up to 14 full-time business agents appointed by an employee
        organization that represents correction officers employed at
        State correctional institutions no more than three
        consecutive terms of the same office; that the employer shall
        fully compensate the member, including, but not limited to,
        salary, wages, pension and retirement contributions and
        benefits, other benefits and seniority, as if he were in
        full-time active service; and that the Statewide employee
        organization shall fully reimburse the employer for all
        expenses and costs of such paid leave, including, but not
        limited to, contributions and payment in accordance with
        sections 5501, 5505.1 and 5507, if the employee organization
        either directly pays, or reimburses the Commonwealth or other
        employer for, contributions made in accordance with section
        5507.
        (c)  Credited service as retirement incentive.--
     Notwithstanding any provisions of this title to the contrary,
     for the period February 1, 1991, to December 31, 1991, a member
     who was not an annuitant on February 1, 1991, who terminates
     State service between February 1, 1991, and December 31, 1991,
     inclusive, who is, during such period, 55 years of age or older
     or will attain 55 years of age between January 1, 1992, and
     January 31, 1992, inclusive, with ten or more eligibility
     points, and who files an application for retirement prior to
     January 1, 1992, shall be credited with an additional 10% of his
     Class A and Class C service. This provision shall not apply in
     the case of active members who are justices, judges or district
     justices, legislators, other elected officials and officers of
     the Pennsylvania State Police.
        (d)  Enlargement of coverage of Military Code.--For purposes
     of determining whether a member is eligible to receive credited
     service for active military service rendered after the date of
     this act, other than active duty service to meet periodic
     training requirements, the provisions of 51 Pa.C.S. Ch. 73
     (relating to military leave of absence) shall apply to all
     individuals who were active members of the system, even if not
     defined as an employee pursuant to 51 Pa.C.S. § 7301 (relating
     to definitions).
        (d.1)  Effect of converting county service to State
     service.--A county employee transferred to State employment
     pursuant to 42 Pa.C.S. § 1905 (relating to county-level court
     administrators) who elects to convert county service to State
     service pursuant to section 5303.1 (relating to election to
     convert county service to State service) shall receive one year
     or fractional part of a year of State service credit for each
     year or fractional part of a year, as the case may be, of county
     service credited in the county retirement system or pension
     plan, provided, however, that no more than one year of State
     service of all classes will be credited in any one calendar year
     and that no State service credit shall be received for county
     service that is already credited in the system or in the Public
     School Employees' Retirement System.
        (d.2)  Effect of converting school service.--A State employee
     who converts school service from the Public School Employees'
     Retirement System pursuant to section 5303.2 (relating to
     election to convert school service to State service) shall
     receive one year or fractional part of a year of State service
     credit for each year or fractional part of a year, as the case
     may be, of school service credited in the Public School
     Employees' Retirement System, provided, however, that no more
     than one year of State service of all classes will be credited
     for any one calendar year.
        (e)  Cancellation of credited service.--All credited service
     shall be cancelled if a member withdraws his total accumulated
     deductions.
     (Dec. 14, 1982, P.L.1249, No.284, eff. imd; July 22, 1983,
     P.L.104, No.31, eff. imd.; Aug. 5, 1991, P.L.183, No.23, eff.
     imd.; Nov. 30, 1992, P.L.737, No.112, eff. imd.; Dec. 20, 1995,
     P.L.689, No.77, eff. Jan. 1, 1996; June 22, 1999, P.L.75, No.12,
     eff. imd.; May 17, 2001, P.L.26, No.9, eff. imd.; Apr. 23, 2002,
     P.L.272, No.38, eff. imd.; Nov. 29, 2006, P.L.1628, No.188, eff.
     Jan. 1, 2007)

        2006 Amendment.  Act 188 amended subsec. (b)(2). See section
     3(1) of Act 188 in the appendix to this title for special
     provisions relating to applicability.
        2002 Amendment.  Act 38 added subsec. (d.2).
        2001 Amendment.  Act 9 amended subsec. (a).
        1999 Amendment.  Act 12 added subsec. (d.1).
        1992 Amendment.  Act 112 amended subsec. (b).
        1991 Amendment.  Act 23 relettered former subsec. (c) to
     present subsec. (e) and added present subsecs. (c) and (d).
        1983 Amendment.  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 Amendment.  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.
        Cross References.  Section 5302 is referred to in sections
     5303, 5304, 5706, 5708.3 of this title.

Last modified: November 27, 2007