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The State Employees' Retirement Board - 71 Pa. Cons. Stat. § 5901Legal Research Home > Pennsylvania Statutes Sponsored Links
CHAPTER 59
ADMINISTRATION, FUNDS, ACCOUNTS,
GENERAL PROVISIONS
Subchapter
A. Administration
C. State Employees' Retirement Fund and Accounts
E. General Provisions
Enactment. Chapter 59 was added March 1, 1974, P.L.125,
No.31, effective immediately.
SUBCHAPTER A
ADMINISTRATION
Sec.
5901. The State Employees' Retirement Board.
5902. Administrative duties of the board.
5903. Duties of the board to advise and report to heads of
departments and members.
5904. Duties of the board to report to the Public School
Employees' Retirement Board.
5905. Duties of the board regarding applications and
elections of members.
5905.1. Installment payments of accumulated deductions.
5906. Duties of heads of departments.
5907. Rights and duties of State employees and members.
5908. Rights and duties of annuitants.
§ 5901. The State Employees' Retirement Board.
(a) Status and membership.--The board shall be an
independent administrative board and consist of 11 members: the
State Treasurer, ex officio, two Senators, two members of the
House of Representatives and six members appointed by the
Governor, one of whom shall be an annuitant of the system, for
terms of four years, subject to confirmation by the Senate. At
least five board members shall be active members of the system,
and at least two shall have ten or more years of credited State
service. The chairman of the board shall be designated by the
Governor from among the members of the board. Each member of the
board who is a member of the General Assembly may appoint a duly
authorized designee to act in his stead.
(b) Appointments and terms.--The two members elected by the
board and serving on the effective date of this title shall
continue to serve until the expiration of their respective
terms. The members of the Senate shall be appointed by the
President pro tempore of the Senate and shall consist of a
majority and a minority member. The members of the House of
Representatives shall be appointed by the Speaker of the House
of Representatives and shall consist of a majority and a
minority member. The legislative members shall serve on the
board for the duration of their legislative terms and shall
continue to serve until 30 days after the convening of the next
regular session of the General Assembly after the expiration of
their respective legislative terms or until a successor is
appointed for the new term, whichever occurs first. Of the
remaining four appointees, one shall be appointed for an initial
term of two years, one for an initial term of three years, and
two for an initial term of four years. A vacancy occurring
during the term of an appointed member shall be filled for the
unexpired term by the appointment and confirmation of a
successor in the same manner as his predecessor.
(c) Oath of office.--Each member of the board shall take an
oath of office that he will, so far as it devolves upon him,
diligently and honestly, administer the affairs of said board
and that he will not knowingly violate or willfully permit to be
violated any of the provisions of law applicable to this part.
Such oath shall be subscribed by the member taking it and
certified by the officer before whom it is taken and shall be
immediately filed in the Office of the Secretary of the
Commonwealth.
(d) Compensation and expenses.--The members of the board who
are members of the system shall serve without compensation but
shall not suffer loss of salary or wages through serving on the
board. The members of the board who are not members of the
system shall receive $100 per day when attending meetings and
all board members shall be reimbursed for any necessary
expenses. However, when the duties of the board as mandated are
not executed, no compensation or reimbursement for expenses of
board members shall be paid or payable during the period in
which such duties are not executed.
(e) Corporate power and legal advisor.--For the purposes of
this part, the board shall possess the power and privileges of a
corporation. The Attorney General of the Commonwealth shall be
the legal advisor of the board.
(Mar. 13, 1982, P.L.198, No.67, eff. 60 days; 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. imd.; May 17, 2001,
P.L.26, No.9, eff. imd.)
2001 Amendment. Act 9 amended subsecs. (a) and (b).
Transfer of Functions. The powers and duties of the Attorney
General and/or the Department of Justice contained in section
5901(e) were transferred to the Office of General Counsel by
section 502 of the act of October 15, 1980 (P.L.950, No.164),
known as the Commonwealth Attorneys Act, effective January 20,
1981.
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