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Duties of heads of departments - 71 Pa. Cons. Stat. § 5906

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     § 5906.  Duties of heads of departments.
        (a)  Status of members.--The head of department shall, at the
     end of each pay period, notify the board in a manner prescribed
     by the board of salary changes effective during that period for
     any members of the department, the date of all removals from the
     payroll, and the type of leave of any members of the department
     who have been removed from the payroll for any time during that
     period, and:
            (1)  if the removal is due to leave without pay, he shall
        furnish the board with the date of beginning leave and the
        date of return to service, and the reason for leave; or
            (2)  if the removal is due to a transfer to another
        department, he shall furnish such department and the board
        with a complete State service record, including past State
        service in other departments or agencies, or creditable
        nonstate service; or
            (3)  if the removal is due to termination of State
        service, he shall furnish the board with a complete State
        service record, including service in other departments or
        agencies, or creditable nonstate service and;
                (i)  in the case of death of the member the head of
            the department shall so notify the board;
                (ii)  in the case of a service connected disability
            the head of department shall, to the best of his ability,
            investigate the circumstances surrounding the disablement
            of the member and submit in writing to the board
            information which shall include but not necessarily be
            limited to the following: date, place and time of
            disablement to the extent ascertainable; nature of duties
            being performed at such time; and whether or not the
            duties being performed were authorized and included among
            the member's regular duties. In addition, the head of
            department shall furnish in writing to the board all such
            other information as may be related to the member's
            disablement;
                (iii)  in the case of a member terminating from The
            Pennsylvania State University who is a member of the
            system with five or more but less than ten eligibility
            points and who has terminated State service on June 30,
            1997, because of the transfer of his job position or
            duties to a controlled organization of the Penn State
            Geisinger Health System or because of the elimination of
            his job position or duties due to the transfer of other
            job positions or duties to a controlled organization of
            the Penn State Geisinger Health System, the head of the
            department shall so certify to the board.
        (b)  Records and information.--At any time at the request of
     the board and at termination of service of a member, the head of
     department shall furnish service and compensation records and
     such other information as the board may require and shall
     maintain and preserve such records as the board may direct for
     the expeditious discharge of its duties.
        (c)  Member contributions.--The head of department shall
     cause the required pickup contributions for current service to
     be made and shall cause to be deducted any other required member
     contributions, including, but not limited to, contributions owed
     by an active member with multiple service membership for school
     service and creditable nonschool service in the Public School
     Employees' Retirement System and amounts certified by the Public
     School Employees' Retirement Board as due and owing on account
     of termination of annuities, from each payroll. The head of
     department shall notify the board at times and in a manner
     prescribed by the board of the compensation of any noneligible
     member to whom the limitation under IRC § 401(a)(17) either
     applies or is expected to apply and shall cause such member's
     contributions deducted from payroll to cease at the limitation
     under IRC § 401(a)(17) on the payroll date if and when such
     limit shall be reached. The head of department shall certify to
     the State Treasurer the amounts picked up and deducted and shall
     send the total amount picked up and deducted together with a
     duplicate of such voucher to the secretary of the board every
     pay period. The head of department shall pay pickup
     contributions from the same source of funds which is used to pay
     other compensation to the employee. On or before January 31,
     1997, and on or before January 31 of each year thereafter, the
     head of department shall, at the time when the income and
     withholding information required by law is furnished to each
     member, also furnish the amount of pickup contributions made on
     his behalf and notify the board, if it has not been previously
     notified, of any noneligible member whose compensation in the
     preceding year exceeded the annual compensation limit under IRC
     § 401(a)(17). If the board shall determine that the member's
     savings account shall have been credited with pickup
     contributions for a noneligible member in the preceding year
     which are attributable to compensation in excess of the
     limitation under IRC § 401(a)(17), or with total member
     contributions for such member which would cause such member's
     contributions or benefits to exceed any applicable limitation
     under IRC § 401(a)(17) or 415(b), the board shall as soon as
     practicable refund to the member from his individual member
     account such amount, together with the statutory interest
     thereon, as will cause the member's total member contributions
     in the preceding year not to exceed the applicable limit. The
     payment of any such refund to the member shall be charged to the
     member's savings account.
        (d)  New employees subject to mandatory membership.--Upon the
     assumption of duties of each new State employee whose membership
     in the system is mandatory, the head of department shall cause
     an application for membership and a nomination of beneficiary to
     be made by such employee and filed with the board and shall make
     pickup contributions from the effective date of State
     employment.
        (e)  New employees subject to optional membership.--The head
     of department shall, upon the employment or entering into office
     of any State employee whose membership in the system is not
     mandatory, inform such employee of his opportunity to become a
     member of the system. If such employee so elects, the head of
     department shall cause an application for membership and a
     nomination of beneficiary to be made by him and filed with the
     board and shall cause proper contributions to be made from the
     effective date of membership.
        (e.1)  Former county-level judicial employees transferred to
     State employment.--In addition to the duties set forth in
     subsections (d) and (e), the Court Administrator of
     Pennsylvania, upon the transfer of county employees to State
     employment pursuant to 42 Pa.C.S. § 1905 (relating to county-
     level court administrators), shall advise such transferred
     county employees of their opportunity to elect to convert county
     service to State service in accordance with section 5303.1
     (relating to election to convert county service to State
     service), and, if such employee so elects, the Court
     Administrator of Pennsylvania shall cause an election to be made
     and filed with the board within 90 days after the transfer to
     State employment.
        (f)  Retirement counselor.--(Deleted by amendment).
        (g)  Former school employee contributors.--The head of
     department shall, upon the employment of a former contributor to
     the Public School Employees' Retirement System who is not an
     annuitant of the Public School Employees' Retirement System,
     advise such employee of his right to elect within 365 days of
     entry into the system to become a multiple service member, and
     in the case of any such employee who so elects and has withdrawn
     his accumulated deductions, require him to reinstate his credit
     in the Public School Employees' Retirement System. The head of
     the department shall advise the board of such election.
        (h)  Former school employee annuitants.--The head of
     department shall, upon the employment of an annuitant of the
     Public School Employees' Retirement System who applies for
     membership in the system, advise such employee that he may elect
     multiple service membership within 365 days of entry into the
     system and if he so elects his public school employee's annuity
     will be discontinued effective upon the date of his return to
     State service and, upon termination of State service and
     application for an annuity, the annuity will be adjusted in
     accordance with section 5706 (relating to termination of
     annuities). The head of department shall advise the board of
     such election.
        (i)  Annual statement to members.--Annually, upon receipt
     from the board, the head of department shall furnish to each
     member the statement specified in section 5903(b) (relating to
     duties of the board to advise and report to heads of departments
     and members).
        (j)  Termination of service.--The head of department shall,
     in the case of any member terminating State service who is
     ineligible for an annuity before attainment of superannuation
     age, advise such member in writing of any benefits to which he
     may be entitled under the provisions of this part and shall have
     the member prepare, on or before the date of termination of
     State service, an application for the return of total
     accumulated deductions or, on or before September 30, 1997, an
     application to be vested as a special vestee, if eligible.
        (k)  Date of application for benefits.--Any application
     properly executed and filed under subsection (j) with the
     department and not filed with the board within 30 days shall be
     deemed to have been filed with the board on the date filed with
     the department and in such case all required data shall be
     furnished to the board immediately.
     (Oct. 7, 1975, P.L.348, No.101, eff. imd.; Dec. 14, 1982,
     P.L.1249, No.284, eff. imd.; Aug. 5, 1991, P.L.183, No.23; Dec.
     20, 1995, P.L.689, No.77, eff. Jan. 1, 1996; June 25, 1997,
     P.L.369, No.41, eff. imd.; June 22, 1999, P.L.75, No.12, eff.
     imd.; May 17, 2001, P.L.26, No.9)

        2001 Amendment.  Act 9 amended subsecs. (c), (g) and (h),
     effective immediately as to as much of the amendment of subsec.
     (c) as relates to section 415 of the Internal Revenue Code of
     1986 and effective July 1, 2001, as to the remainder of the
     section.
        1999 Amendment.  Act 12 amended subsec. (j) and added subsec.
     (e.1).
        1997 Amendment.  Act 41 amended subsecs. (a) and (j). See
     section 6 of Act 41 in the appendix to this title for special
     provisions relating to limitation of special vestee status.
        1991 Amendment.  Act 23 deleted subsec. (f) and amended
     subsec. (j), effective on the date of publication in the
     Pennsylvania Bulletin of a certification by the State Employees'
     Retirement Board that the seven-office Statewide retirement
     counseling field office network is fully implemented.
        1982 Amendment.  Act 284 amended subsecs. (c), (d) and (e).
     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 5906 is referred to in sections
     5902, 5907 of this title.

Last modified: November 27, 2007