Court Opinions

State Laws

US Code

US Constitution

Creditable nonstate service - 71 Pa. Cons. Stat. § 5304

Legal Research Home > Pennsylvania Statutes

     § 5304.  Creditable nonstate service.
        (a)  Eligibility.--An active member or a multiple service
     member who is a school employee and an active member of the
     Public School Employees' Retirement System shall be eligible for
     Class A service credit for creditable nonstate service as set
     forth in subsections (b) and (c) except that intervening
     military service shall be credited in the class of service for
     which the member was eligible at the time of entering into
     military service and for which he makes the required
     contributions and except that a multiple service member who is a
     school employee and an active member of the Public School
     Employees' Retirement System shall not be eligible to purchase
     service credit for creditable nonstate service set forth in
     subsection (c)(5).
        (a.1)  Additional eligibility upon transferring nonschool
     service.--A State employee who converts nonschool service from
     the Public School Employees' Retirement System to the 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 nonstate service credit for each
     year or fractional part of a year, as the case may be, of
     nonschool service credited in the Public School Employees'
     Retirement System, provided, however, that no more than one year
     of State and nonstate service of all classes will be credited
     for any one calendar year. Converted nonschool service shall be
     credited as Class A as set forth in section 5306(d) (relating to
     classes of service).
        (b)  Limitations on eligibility.--An active member or a
     multiple service member who is a school employee and an active
     member of the Public School Employees' Retirement System shall
     be eligible to receive credit for nonstate service provided that
     he does not have credit for such service in the system or in the
     school system and is not entitled to receive, eligible to
     receive now or in the future, or is receiving retirement
     benefits for such service in the system or under a retirement
     system administered and wholly or partially paid for by any
     other governmental agency or by any private employer, or a
     retirement program approved by the employer in accordance with
     section 5301(a)(12) (relating to mandatory and optional
     membership), and further provided, that such service is
     certified by the previous employer and contributions are agreed
     upon and made in accordance with section 5505 (relating to
     contributions for the purchase of credit for creditable nonstate
     service).
        (c)  Limitations on nonstate service.--Creditable nonstate
     service credit shall be limited to:
            (1)  intervening military service;
            (2)  military service other than intervening military
        service and military service purchasable under section
        5302(d) (relating to credited State service) not exceeding
        five years, provided that a member with multiple service may
        not purchase more than a total of five years of military
        service in both the system and the Public School Employees'
        Retirement System;
            (3)  in the case of an academic administrator, teacher or
        instructor employed in the Department of Education, the State
        System of Higher Education, any State-owned educational
        institution or The Pennsylvania State University, provided
        that the total amount of service creditable under this
        paragraph shall not exceed the lesser of ten years or the
        number of years of active membership in the system as an
        academic administrator, teacher or instructor in the
        Department of Education, State System of Higher Education,
        any State-owned educational institution or The Pennsylvania
        State University:
                (i)  nonstudent service as an academic administrator,
            teacher or instructor in any public school or public
            educational institution in any state other than this
            Commonwealth; or
                (ii)  nonstudent service as an academic
            administrator, teacher or instructor in the field of
            education for any agency or department of the Federal
            Government, whether or not such area was under the
            jurisdiction of the United States;
            (4)  previous service with a governmental agency other
        than the Commonwealth which employment with said agency was
        terminated because of the transfer by statute of the
        administration of such service or of the entire agency to the
        Commonwealth;
            (5)  service as a temporary Federal employee assigned to
        an air quality control complement for the Pennsylvania
        Department of Environmental Resources at any time during the
        period of 1970 through 1975. This service time may be
        purchased only if the member makes an election to purchase
        within one year of the effective date of this paragraph, and
        the member shall pay an amount which is equal to the full
        actuarial cost of the increased benefit obtained by virtue of
        the purchase as provided in section 5505(f);
            (6)  service in the Cadet Nurse Corps with respect to any
        period of training as a student or graduate nurse under a
        plan approved under section 2 of the act of June 15, 1943
        (Public Law 78-73, 57 Stat. 153), if the total period of
        training under such plan was at least two years, the credit
        for such service not to exceed three years;
            (7)  service prior to July 1, 1971, at a community
        college established under the act of August 24, 1963
        (P.L.1132, No.484), known as the Community College Act of
        1963; or
            (8)  service as a justice of the peace prior to January
        1970.
        (c.1)  Nonstate service exception.--Notwithstanding the
     limitations on eligibility enumerated in subsection (c)(3), any
     person who was an officer or employee in the Office of the
     Chancellor of the State System of Higher Education at any time
     between July 1, 1983, and August 4, 1991, inclusive, and was an
     active member during that period or has continued as an active
     member without interruption of service since August 4, 1991,
     shall be eligible to purchase creditable nonstate service under
     this section, subject to the same terms, conditions and
     limitations, including the calculation of the amount and method
     of paying for the purchase, as was enjoyed by officers and
     employees of the Department of Education between July 1, 1983,
     and August 4, 1991. Service rendered in the Chancellor's Office
     for purposes of the purchase of creditable nonstate service
     under this subsection shall be deemed to be service as an
     officer or employee in the Department of Education.
        (d)  Limitation on years of credit.--In no case shall the
     total credit for nonstate service other than that listed in
     subsection (c)(1), (4) and (5) exceed the number of years of
     State service credited in the system, plus, in the case of a
     multiple service member, any additional years of school service
     credited in the Public School Employees' Retirement System.
        (e)  Purchase of nonintervening military service.--
     (Repealed).
        (f)  Temporary expansion of intervening military service.--
            (1)  For active military service rendered between August
        2, 1990, and the effective date of this act, inclusive, the
        following definitions shall apply. These definitions shall
        not apply to members who rendered active military service on
        or after August 2, 1990, if the member is receiving or elects
        to receive credit in the system for such service pursuant to
        51 Pa.C.S. Ch. 73 (relating to military leave of absence).
            (2)  As used in this section, the following words and
        phrases shall have the meanings given to them in this
        subsection:
            "Induction."  To be drafted or, if a member of a reserve
        component of the armed forces, to be ordered on or after
        August 2, 1990, into active military service, other than
        active duty to meet periodic training requirements.
            "Military obligation."  A draft obligation or, if a
        member of a reserve component of the armed forces, an order
        on or after August 2, 1990, to enter into active military
        service, other than an order to enter into active duty to
        meet periodic training requirements.
            "Reserve component of the armed forces."  The United
        States Army Reserve, United States Navy Reserve, United
        States Marine Corps Reserve, United States Coast Guard
        Reserve, United States Air Force Reserve, Pennsylvania Army
        National Guard and Pennsylvania Air National Guard.
     (Oct. 7, 1975, P.L.348, No.101, eff. imd.; Apr. 4, 1984,
     P.L.203, No.42, eff. 60 days; June 13, 1985, P.L.40, No.19, eff.
     imd.; Oct. 21, 1988, P.L.844, No.112, eff. Jan. 1, 1989; Aug. 5,
     1991, P.L.183, No.23, eff. imd.; Nov. 30, 1992, P.L.737, No.112,
     eff. imd.; Apr. 29, 1994, P.L.159, No.29, eff. 60 days; 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.)

        2002 Amendment.  Act 38 added subsec. (a.1).
        2001 Amendment.  Act 9 amended subsec. (a).
        1999 Amendment.  Act 12 amended subsec. (b).
        1994 Repeal Note.  Act 29 repealed subsec. (e).
        1992 Amendment.  Act 112 added subsec. (c.1).
        1991 Amendment.  Act 23 amended subsec. (c) and added subsec.
     (f).
        1984 Amendment.  Act 42 amended subsecs. (c) and (d).
        References in Text.  The Department of Environmental
     Resources, referred to in subsec. (c), was abolished by Act 18
     of 1995. Its functions were transferred to the Department of
     Conservation and Natural Resources and the Department of
     Environmental Protection.
        Cross References.  Section 5304 is referred to in sections
     5505, 5708.4 of this title.

Last modified: November 27, 2007