Pennsylvania Act 2004-63 — EDUCATION (24 PA.C.S.) - TERMINATION OF ANNUITIES

Act text

EDUCATION (24 PA.C.S.) - TERMINATION OF ANNUITIES
                  Act of Jul. 4, 2004, P.L. 504, No. 63               Cl. 24
                             Session of 2004
                               No. 2004-63

     SB 200

                                  AN ACT

     Amending Title 24 (Education) of the Pennsylvania Consolidated
        Statutes, further providing for termination of annuities.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Section 8346(b) and (b.1) of Title 24 of the
     Pennsylvania Consolidated Statutes are amended to read:
      § 8346.  Termination of annuities.
        * * *
        (b)  Return to school service during emergency.--When, in the
     judgment of the employer, an emergency creates an increase in
     the work load such that there is serious impairment of service
     to the public or in the event of a shortage of appropriate
     subject certified teachers or other personnel, an annuitant may
     be returned to school service for a period not to [exceed 95
     full-day sessions in any] extend beyond the school year during
     which the emergency or shortage occurs, without loss of his
     annuity. [In computing the number of days an annuitant has
     returned to school service, any amount of time less than one-
     half of a day shall be counted as one-half of a day.] The
     annuitant shall not be entitled to earn any credited service,
     and no contributions may be made by the annuitant, the employer
     or the Commonwealth on account of such employment.
        (b.1)  Return to school service in an extracurricular
     position.--
            (1)  An annuitant may be employed under separate contract
        by a [school entity] public school or charter school in an
        extracurricular position performed primarily outside regular
        instructional hours and not part of mandated curriculum
        without loss of annuity. Neither the annuitant nor the
        employer shall make contributions to the member's savings
        account or State accumulation account respectively for such
        service. Further, such contract shall contain a waiver
        whereby the annuitant waives any potential retirement
        benefits that could arise from the contract and releases the
        employer and the board from any liability for such benefits.
            (2)  Nothing in this subsection shall be construed to
        abridge or limit any rights provided under a collective
        bargaining agreement or any rights provided under the act of
        July 23, 1970 (P.L.563, No.195), known as the Public Employe
        Relations Act.
            (3)  For purposes of this subsection, the term
        "extracurricular position" means a contract position filled
        by an annuitant that is separate from the established
        academic course structure, including the position of athletic
        director.
        * * *
        Section 2.  This act shall take effect immediately.

     APPROVED--The 4th day of July, A. D. 2004.

     EDWARD G. RENDELL