|
|
Court OpinionsState LawsUS CodeUS Constitution |
Classes of service - 71 Pa. Cons. Stat. § 5306Legal Research Home > Pennsylvania Statutes Sponsored Links
§ 5306. Classes of service.
(a) Class A membership.--A State employee who is a member of
Class A on the effective date of this part or who becomes a
member of the system subsequent to the effective date of this
part shall be classified as a Class A member and receive credit
for Class A service upon payment of regular and additional
member contributions for Class A service, provided that the
State employee does not become a member of Class AA pursuant to
subsection (a.1) or a member of Class D-4 pursuant to subsection
(a.2).
(a.1) Class AA membership.--
(1) A person who becomes a State employee and an active
member of the system after June 30, 2001, and who is not a
State police officer and not employed in a position for which
a class of service other than Class A is credited or could be
elected shall be classified as a Class AA member and receive
credit for Class AA State service upon payment of regular
member contributions for Class AA service and, subject to the
limitations contained in paragraph (7), if previously a
member of Class A or previously employed in a position for
which Class A service could have been earned, shall have all
Class A State service (other than State service performed as
a State police officer or for which a class of service other
than Class A was earned or could have been elected)
classified as Class AA service.
(2) A person who is a State employee on June 30, 2001,
and July 1, 2001, but is not an active member of the system
because membership in the system is optional or prohibited
pursuant to section 5301 (relating to mandatory and optional
membership) and who becomes an active member after June 30,
2001, and who is not a State police officer and not employed
in a position for which a class of service other than Class A
is credited or could be elected shall be classified as a
Class AA member and receive credit for Class AA State service
upon payment of regular member contributions for Class AA
service and, subject to the limitations contained in
paragraph (7), if previously a member of Class A or
previously employed in a position for which Class A service
could have been earned, shall have all Class A State service
(other than State service performed as a State Police officer
or for which a class of service other than Class A was earned
or could have been elected) classified as Class AA service.
(3) Provided that an election to become a Class AA
member is made pursuant to section 5306.1 (relating to
election to become a Class AA member), a State employee,
other than a State employee who is a State police officer on
or after July 1, 1989, who on June 30, 2001, and July 1,
2001, is:
(i) a member of Class A, other than a member of
Class A who could have elected membership in a Class C,
Class D-3, Class E-1 or Class E-2; or
(ii) an inactive member on a leave without pay from
a position in which the State employee would be a Class A
active member if the employee was not on leave without
pay, other than a position in which the State employee
could elect membership in Class C, Class D-3, Class E-1
or Class E-2;
shall be classified as a Class AA member and receive credit
for Class AA State service performed after June 30, 2001,
upon payment of regular member contributions for Class AA
service and, subject to the limitations contained in
paragraph (7), shall receive Class AA service credit for all
Class A State service, other than State service performed as
a State police officer or as a State employee in a position
for which the member could have elected membership in Class
C, Class D-3, Class E-1 or Class E-2, performed before July
1, 2001.
(4) Provided that an election to become a Class AA
member is made pursuant to section 5306.1, a former State
employee, other than a former State employee who was a State
police officer on or after July 1, 1989, who on June 30,
2001, and July 1, 2001, is a multiple service member and a
school employee and a member of the Public School Employees'
Retirement System, subject to the limitations contained in
paragraph (7), shall receive Class AA service credit for all
Class A State service, other than State service performed as
a State police officer or as a State employee in a position
in which the former State employee could have elected a class
of service other than Class A, performed before July 1, 2001.
(5) A former State employee, other than a former State
employee who was a State police officer on or after July 1,
1989, who is a school employee and who on or after July 1,
2001, becomes a multiple service member, subject to the
limitations contained in paragraph (7), shall receive Class
AA service credit for all Class A State service other than
State service performed as a State employee in a position in
which the former State employee could have elected a class of
service other than Class A.
(6) A State employee who after June 30, 2001, becomes a
State police officer or who is employed in a position in
which the member could elect membership in a class of service
other than Class AA or Class D-4 shall retain any Class AA
service credited prior to becoming a State police officer or
being so employed but shall be ineligible to receive Class AA
credit thereafter and instead shall receive Class A credit
unless a class of membership other than Class A is elected.
(7) (i) State service performed as Class A service
before July 1, 2001, and State service for which Class A
service could have been credited but was not credited
because membership in the system was optional or
prohibited pursuant to section 5301 shall be credited as
Class AA service only upon the completion of all acts
necessary for the State service to be credited as Class A
service had this subsection not been enacted and upon
payment of required Class AA member contributions as
provided in section 5504 (relating to member
contributions for the purchase of credit for previous
State service or to become a full coverage member).
(ii) A person who is not a State employee or a
school employee on June 30, 2001, and July 1, 2001, and
who has previous State service (except a disability
annuitant who returns to State service after June 30,
2001, upon termination of the disability annuity) shall
not receive Class AA service credit for State service
performed before July 1, 2001, until such person becomes
an active member, or an active member of the Public
School Employees' Retirement System and a multiple
service member, and earns three eligibility points by
performing credited State service or credited school
service after June 30, 2001.
(a.2) Class of membership for members of the General
Assembly.--
(1) A person who:
(i) becomes a member of the General Assembly and an
active member of the system after June 30, 2001; or
(ii) is a member of the General Assembly on July 1,
2001, but is not an active member of the system because
membership in the system is optional pursuant to section
5301 and who becomes an active member after June 30,
2001;
and who was not a State police officer on or after July 1,
1989, shall be classified as a Class D-4 member and receive
credit as a Class D-4 member for all State service as a
member of the General Assembly upon payment of regular member
contributions for Class D-4 service and, subject to the
limitations contained in subsection (a.1)(7), if previously a
member of Class A or employed in a position for which Class A
service could have been earned, shall receive Class AA
service credit for all Class A State service, other than
State service performed as a State police officer or for
which a class of service other than Class A or Class D-4 was
or could have been elected or credited.
(2) Provided an election to become a Class D-4 member is
made pursuant to section 5306.2 (relating to elections by
members of the General Assembly), a State employee who was
not a State police officer on or after July 1, 1989, who on
July 1, 2001, is a member of the General Assembly and an
active member of the system and not a member of Class D-3
shall be classified as a Class D-4 member and receive credit
as a Class D-4 member for all State service performed as a
member of the General Assembly not credited as another class
other than Class A upon payment of regular member
contributions for Class D-4 service and, subject to the
limitations contained in paragraph (a.1)(7), shall receive
Class AA service credit for all Class A State service, other
than State service performed as a State police officer or as
a State employee in a position in which the member could have
elected a class of service other than Class A, performed
before July 1, 2001.
(3) A member of the General Assembly who after June 30,
2001, becomes a State police officer shall retain any Class
AA service or Class D-4 service credited prior to becoming a
State police officer or being so employed but shall be
ineligible to receive Class AA or Class D-4 credit thereafter
and instead shall receive Class A credit.
(b) Other class membership.--
(1) A State employee who is a member of a class of
service other than Class A on the effective date of this part
shall retain his membership in that class until such service
is discontinued; any service thereafter shall be credited as
Class A service, Class AA service or Class D-4 service as
provided for in this section.
(2) Notwithstanding any other provision of this section,
a State employee who is appointed bail commissioner of the
Philadelphia Municipal Court under 42 Pa.C.S. § 1123(a)(5)
(relating to jurisdiction and venue) may, within 30 days of
the effective date of this sentence or within 30 days of his
initial appointment as a bail commissioner, whichever is
later, elect Class E-2 service credit for service performed
as a bail commissioner. This class of service multiplier for
E-2 service as a bail commissioner shall be 1.5.
(c) Class membership for county service.--Notwithstanding
subsection (a), county service that is converted to State
service pursuant to section 5303.1 (relating to election to
convert county service to State service) shall be credited as
the following class of service:
Class of service in a county of the
second class A, third class, fourth
class, fifth class, sixth class,
seventh class or eighth class
maintaining a retirement system or
pension plan under the act of August
31, 1971 (P.L.398, No.96), known as
the County Pension Law
System Class of
Service
Class 1-120 G
Class 1-100 H
Class 1-80 I
Class 1-70 J
Class 1-60 K
Rate of accrual of benefit for each
year of service in a county of the
first class or second class or
credited in the Pennsylvania
Municipal Retirement System
System Class of
Service
.833% G
1.00% H
1.250% I
1.428% J
1.667% K
2.000% L
2.200% M
2.500% N
(d) Class of service for converted school service and
nonschool service.--If a member elects to convert credited
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), then Class T-C school
service and all nonschool service credited in the Public School
Employees' Retirement System shall be converted to credited
service in the system and credited as Class A State service or
nonstate service respectively, and Class T-D school service
credited in the Public School Employees' Retirement System shall
be converted to credited service in the system and credited as
Class AA State service.
(July 22, 1983, P.L.104, No.31, eff. imd.; June 22, 1999,
P.L.75, No.12, eff. imd.; May 17, 2001, P.L.26, No.9, eff. July
1, 2001; Apr. 23, 2002, P.L.272, No.38, eff. imd.; Dec. 10,
2003, P.L.228, No.40, eff. 45 days; Nov. 29, 2006, P.L.1628,
No.188, eff. imd.)
2006 Amendment. Act 188 amended subsec. (b). See sections 2
and 3(2) of Act 188 in the appendix to this title for special
provisions relating to liability for additional benefits and
applicability.
2002 Amendment. Act 38 added subsec. (d).
2001 Amendment. Act 9 amended subsecs. (a) and (b) and added
subsecs. (a.1) and (a.2).
1999 Amendment. Act 12 added subsec. (c).
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.
Cross References. Section 5306 is referred to in sections
5303, 5303.2, 5304, 5706 of this title.
Section: Previous 5102 5103 5301 5302 5303 5304 5305 5306 5306.2 5307 5308 5309 5310 5311 5501 Next
Last modified: November 27, 2007 |