Court Opinions

State Laws

US Code

US Constitution

Disability annuities - 71 Pa. Cons. Stat. § 5704

Legal Research Home > Pennsylvania Statutes

     § 5704.  Disability annuities.
        (a)  Amount of annuity.--A member who has made application
     for a disability annuity and has been found to be eligible in
     accordance with the provisions of section 5905(c)(1) (relating
     to duties of the board regarding applications and elections of
     members) shall receive a disability annuity payable from the
     effective date of disability as determined by the board and
     continued until a subsequent determination by the board that the
     annuitant is no longer entitled to a disability annuity. The
     disability annuity shall be equal to a standard single life
     annuity multiplied by the class of service multiplier applicable
     to the class of service at the time of disability if the product
     of such class of service multiplier and the total number of
     years of credited service is greater than 16.667, otherwise the
     standard single life annuity shall be multiplied by the lesser
     of the following ratios:
                            MY*/Y or 16.667/Y
     where Y = number of years of credited service, Y* = total years
     of credited service if the member were to continue as a State
     employee until attaining superannuation age as applicable at the
     time of disability, or if the member has attained superannuation
     age, as applicable at the time of disability, then the number of
     years of credited service and M = the class of service
     multiplier as applicable at the effective date of disability. A
     member of Class C shall receive, in addition, any annuity to
     which he may be eligible under section 5702(a)(3) (relating to
     maximum single life annuity). The member shall be entitled to
     the election of a joint and survivor annuity on that portion of
     the disability annuity to which he is entitled under section
     5702.
        (b)  Benefit attributable to social security integration
     credit.--If the member has been found to be eligible for a
     disability annuity and has social security integration credits
     as provided in section 5305 (relating to social security
     integration credits), he may elect to withdraw his social
     security integration accumulated deductions or if he has five or
     more eligibility points to his credit and does not withdraw his
     social security integration accumulated deductions he may
     execute an application to be filed with the board to receive, in
     addition to his disability annuity, an annuity calculated in
     accordance with section 5702(a)(2).
        (c)  Reduction on account of earned income.--Subsequent to
     January 1, 1972, payments on account of disability shall be
     reduced by that amount by which the earned income of the
     annuitant, as reported in accordance with section 5908(b)
     (relating to rights and duties of annuitants), for the preceding
     calendar year together with the disability annuity payments
     provided in this section other than subsection (b), for the
     year, exceeds the product of:
                (i)  the last year's salary of the annuitant as a
            State employee; and
                (ii)  the ratio of the current monthly payment to the
            monthly payment at the effective date of disability;
     Provided, That the annuitant shall not receive less than his
     member's annuity or the amount to which he may be entitled under
     section 5702 whichever is greater.
        (d)  Reduction on account of ineligibility.--Payment of that
     portion of the disability annuity in excess of the annuity to
     which the annuitant was entitled at the effective date of
     disability calculated in accordance with section 5702 shall
     cease if the annuitant is no longer eligible under the
     provisions of sections 5905(c)(2) or 5908(b) or (c).
        (e)  Termination of State service.--Upon termination of
     disability annuity payments in excess of an annuity calculated
     in accordance with section 5702, a disability annuitant who does
     not return to State service may file an application with the
     board for an amount equal to the excess, if any, of the sum of
     the regular and additional accumulated deductions standing to
     his credit at the effective date of disability over one-third of
     the total disability annuity payments received. If the annuitant
     on the date of termination of service was eligible for an
     annuity as provided in section 5308(b) (relating to eligibility
     for annuities), he may file an application with the board for an
     election of an optional modification of his annuity.
        (f)  Supplement for service connected disability.--If a
     member has been found to be eligible for a disability annuity
     and if the disability has been found to be a service connected
     disability and if the member is receiving workers' compensation
     payments for other than medical benefits, such member shall
     receive a supplement equal to 70% of his final average salary
     less the sum of the annuity as determined under subsection (a)
     and any payments paid or payable on account of such disability
     under the act of June 2, 1915 (P.L.736, No.338), known as the
     Workers' Compensation Act, the act of June 21, 1939 (P.L.566,
     No.284), known as The Pennsylvania Occupational Disease Act, and
     the Social Security Act (49 Stat. 620, 42 U.S.C. § 301 et seq.).
     Such supplement shall continue as long as he is determined to be
     disabled and is receiving workers' compensation payments for
     other than medical benefits on account of his service connected
     disability in accordance with the Workers' Compensation Act or
     The Pennsylvania Occupational Disease Act. If the member has
     received a lump sum workers' compensation payment in lieu of
     future weekly compensation payments, the length in weeks and
     calculation of the service connected disability supplement shall
     be determined by dividing the lump sum payment by the average
     weekly wage as determined by the Workers' Compensation Board.
        (g)  Limitation regarding annual benefit under IRC § 415.--
     Notwithstanding any provisions of this part to the contrary, no
     benefit shall be payable to the extent that such benefit exceeds
     any limitation under IRC § 415(b) as in effect with respect to
     governmental plans as such term is defined in IRC § 414(d) on
     the date the benefit payment becomes effective.
     (Oct. 7, 1975, P.L.348, No.101, eff. imd.; July 22, 1983,
     P.L.104, No.31, eff. imd.; June 13, 1985, P.L.40, No.19, eff.
     imd.; Apr. 29, 1994, P.L.159, No.29, eff. 60 days; May 17, 2001,
     P.L.26, No.9; Apr. 23, 2002, P.L.272, No.38)

        2002 Amendment.  Act 38 amended subsecs. (c) and (f),
     effective January 1, 2003, as to subsec. (c) and immediately as
     to the remainder of the section.
        2001 Amendment.  Act 9 amended subsecs. (b) and (f) and added
     subsec. (g), effective immediately as to subsecs. (f) and (g)
     and 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 of subsec. (b)
     to State Employees' Retirement System members.
        1994 Amendment.  Act 29 amended subsec. (a).
        1985 Amendment.  Act 19 amended subsec. (e).
        Effective Date of Provisions.  Section 4(3) of Act 31 of 1974
     provided that, as applicable to officers of the Pennsylvania
     State Police, the provisions of section 5704(f) relating to
     service connected disability shall be effective July 1, 1973.
        Cross References.  Section 5704 is referred to in sections
     5307, 5703, 5905 of this title.

Last modified: November 27, 2007