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Rights and duties of State employees and members - 71 Pa. Cons. Stat. § 5907

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     § 5907.  Rights and duties of State employees and members.
        (a)  Information on new employees.--Upon his assumption of
     duties each new State employee shall furnish the head of
     department with a complete record of his previous State service,
     his school service or creditable nonstate service, and proof of
     his date of birth and current status in the system and in the
     Public School Employees' Retirement System. Willful failure to
     provide the information required by this subsection to the
     extent available upon entrance into the system shall result in
     the forfeiture of the right of the member to subsequently assert
     any right to benefits based on any of the required information
     which he failed to provide. In any case in which the board finds
     that a member is receiving an annuity based on false
     information, the total amount received predicated on such false
     information together with statutory interest doubled and
     compounded shall be deducted from the present value of any
     remaining benefits to which the member is legally entitled.
        (b)  Application for membership.--
            (1)  In the case of a new employee who is not currently a
        member of the system, and whose membership is mandatory or in
        the case of a new employee whose membership in the system is
        not mandatory but who desires to become a member of the
        system, the new employee shall execute an application for
        membership and a nomination of beneficiary.
            (2)  In the case of a new employee who is a county
        employee transferred to State employment pursuant to 42
        Pa.C.S. § 1905 (relating to county-level court
        administrators) and who desires to elect to convert county
        service to State service, the member shall also execute an
        election to convert service and file it with the board in
        accordance with section 5303.1 (relating to election to
        convert county service to State service).
        (c)  Multiple service membership.--Any active member who was
     formerly an active member in the Public School Employees'
     Retirement System may elect to become a multiple service member.
     Such election shall occur no later than 30 days after becoming
     an active member in this system.
        (d)  Credit for previous service or change in membership
     status.--Any active member or eligible school employee who
     desires to receive credit for his total previous State service
     or creditable nonstate service to which he is entitled, or a
     joint coverage member who desires to become a full coverage
     member, shall so notify the board and upon written agreement by
     the member and the board as to the manner of payment of the
     amount due, the member shall receive credit for such service as
     of the date of such agreement.
        (e)  Beneficiary for death benefits.--Every member shall
     nominate a beneficiary by written designation filed with the
     board as provided in section 5906(d) or (e) (relating to duties
     of heads of departments) to receive the death benefit payable
     under section 5707 (relating to death benefits) or the benefit
     payable under the provisions of Option 1 of section 5705(a)(1)
     (relating to member's options). Such nomination may be changed
     at any time by the member by written designation filed with the
     board. A member may also nominate a contingent beneficiary or
     beneficiaries to receive the death benefit provided under
     section 5707 or the benefit payable under the provisions of
     Option 1 of section 5705(a)(1).
        (f)  Termination of service.--Each member who terminates
     State service and who is not then a disability annuitant shall
     execute on or before the date of termination of service the
     appropriate application, duly attested by the member or his
     legally constituted representative, electing to:
            (1)  withdraw his total accumulated deductions; or
            (2)  vest his retirement rights; and if he is a joint
        coverage member, and so desires, elect to become a full
        coverage member and agree to pay within 30 days of the date
        of termination of service the lump sum required; or
            (3)  receive an immediate annuity and may,
                (i)  if eligible, elect to convert his medical, major
            medical, and hospitalization coverage to the plan for
            State annuitants; and
                (ii)  if he is a joint coverage member, elect to
            become a full coverage member and agree to pay within 30
            days of date of termination of service the lump sum
            required.
        (g)  Vesting of retirement rights.--If a member elects to
     vest his retirement rights he shall nominate a beneficiary by
     written designation filed with the board and he may anytime
     thereafter, withdraw the total accumulated deductions standing
     to his credit or apply for an annuity.
        (h)  Vestees and special vestees attaining superannuation
     age.--Upon attainment of superannuation age a vestee or special
     vestee shall execute and file an application for an annuity. Any
     such application filed within 90 days after attaining
     superannuation age shall be effective as of the date of
     attainment of superannuation age. Any application filed after
     such period shall be effective as of the date it is filed with
     the board, subject to the provisions of section 5905(f)
     (relating to duties of the board regarding applications and
     elections of members). If a vestee or special vestee does not
     file an application within seven years after attaining
     superannuation age, he shall be deemed to have elected to
     receive his total accumulated deductions upon attainment of
     superannuation age.
        (i)  Failure to apply for annuity.--If a member is eligible
     to receive an annuity and does not file a proper application
     within 90 days of termination of service, his annuity will
     become effective as of the date the application is filed with
     the board or the date designated on the application whichever is
     later.
        (j)  Nomination of beneficiary or survivor annuitant.--A
     member who is eligible and elects to receive a reduced annuity
     under Option 1, 2, 3, or 4, shall nominate a beneficiary or a
     survivor annuitant, as the case may be, by written designation
     filed with the board at the time of his retirement. A member who
     has elected Option 1 may change his designated beneficiary at
     any time. A member having designated a survivor annuitant at the
     time of retirement shall not be permitted to nominate a new
     survivor annuitant unless such survivor annuitant predeceases
     him or unless the member is awarded a divorce or becomes married
     subsequent to the election of the option. In such cases, the
     annuitant shall have the right to reelect an option and to
     nominate a beneficiary or a new survivor annuitant and to have
     his annuity recomputed to be actuarially equivalent as of the
     date of recomputation to the annuity in effect immediately prior
     to the recomputation. In no other case shall a benefit plan be
     changed by an annuitant.
        (k)  Disability annuities.--If service of a member is
     terminated due to his physical or mental incapacity for the
     performance of duty, in lieu of an application and election
     under subsection (f), an application for a disability annuity
     with or without a supplement for a service connected disability
     may be executed by him or by a person legally authorized to act
     on his behalf.
     (Oct. 7, 1975, P.L.348, No.101, eff. imd.; Dec. 14, 1982,
     P.L.1249, No.284, eff. imd.; Apr. 29, 1994, P.L.159, No.29, eff.
     60 days; June 25, 1997, P.L.369, No.41, eff. imd.; June 22,
     1999, P.L.75, No.12, eff. imd.)

        1999 Amendment.  Act 12 amended subsec. (b).
        1997 Amendment.  Act 41 amended subsec. (h). See section 6 of
     Act 41 in the appendix to this title for special provisions
     relating to limitation of special vestee status.
        1994 Amendment.  Act 29 amended subsecs. (f), (h) and (k).
        1982 Amendment.  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.
        1975 Amendment.  Act 101 amended subsecs. (c), (e), (g) and
     (j).
        Special Provisions in Appendix.  See section 30 of Act 9 of
     2001 in the appendix to this title for special provisions
     relating to election of multiple service membership in State
     Employees' Retirement System.
        Cross References.  Section 5907 is referred to in sections
     5102, 5308, 5308.1 of this title.

Last modified: November 27, 2007