Pennsylvania Act 1996-167 — EDUCATION (24 PA.C.S) AND STATE GOVERNMENT (71 PA.C.S.) - OMNIBUS AMENDMENTS

Act text

EDUCATION (24 PA.C.S) AND STATE GOVERNMENT (71 PA.C.S.) - OMNIBUS
                                AMENDMENTS
                 Act of Dec. 18, 1996, P.L. 1115, No. 167             Cl. 24
                             Session of 1996
                               No. 1996-167

     HB 168

                                  AN ACT

     Amending Titles 24 (Education) and 71 (State Government) of the
        Pennsylvania Consolidated Statutes, providing for special
        supplemental postretirement adjustments.

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

        Section 1.  Title 24 of the Pennsylvania Consolidated
     Statutes is amended by adding a section to read:
      § 8348.4.  Special supplemental postretirement adjustment.
        (a)  Eligibility.--An annuitant who:
            (1)  retired after October 1, 1975, and before January 1,
        1985;
            (2)  has military service as set forth in section
        8304(b)(1) or (2) (relating to creditable nonschool service);
            (3)  is receiving or will receive retirement pay under 10
        U.S.C. Ch. 67 (relating to retired pay for nonregular
        service) for this military service; and
            (4)  has not purchased nonschool service credit for this
        military service;
     shall be eligible for this special supplemental postretirement
     adjustment.
        (b)  Calculation of adjustment.--The monthly amount of this
     special supplemental postretirement adjustment shall be equal to
     the final average salary multiplied by 2% multiplied by the
     years of this military service divided by 12 multiplied by any
     applicable early retirement or option factors.
        (c)  Adjustment paid.--Upon receipt of a timely request by an
     eligible annuitant, the system shall pay this special
     supplemental postretirement adjustment monthly from the
     effective date of this section.
        (d)  Adjustment enacted after death of annuitant.--No special
     supplemental postretirement adjustment enacted after the death
     of an annuitant shall be payable to the beneficiary or survivor
     annuitant of the deceased annuitant.
        (e)  Future supplemental annuities.--This special
     supplemental postretirement adjustment shall be included in the
     total annuity, and this military service shall be included in
     the total credited service in determining all future
     supplemental annuities.
        (f)  Time limitations.--An annuitant who is eligible for this
     special supplemental postretirement adjustment shall have two
     years from the effective date of this section within which to
     make a request to the system for the adjustment established in
     this section.
        (g)  Court-ordered purchase of nonschool service.--If a court
     of competent jurisdiction rules that an annuitant who is
     receiving or will receive retirement pay under 10 U.S.C. Ch. 67
     for this military service is eligible under section 8304(b)(1)
     or (2) to purchase nonschool service credit for this military
     service, this special supplemental postretirement adjustment
     shall stop with the annuitant's purchase of nonschool service
     credit for this military service, and the total amount of this
     special supplemental postretirement paid to the annuitant from
     the effective date of this section shall be subtracted from any
     increase in the annuity caused by the court-ordered purchase of
     nonschool service credit for this military service.
        Section 2.  Title 71 is amended by adding a section to read:
      § 5708.4.  Special supplemental postretirement adjustment.
        (a)  Eligibility.--An annuitant who:
            (1)  retired after February 28, 1974, and before January
        1, 1985;
            (2)  has military service as set forth in section
        5304(c)(1) or (2) (relating to creditable nonstate service);
            (3)  is receiving or will receive retirement pay under 10
        U.S.C. Ch. 67 (relating to retired pay for nonregular
        service) for this military service; and
            (4)  has not purchased nonstate service credit for this
        military service;
     shall be eligible for this special supplemental postretirement
     adjustment.
        (b)  Calculation of adjustment.--The monthly amount of this
     special supplemental postretirement adjustment shall be equal to
     the final average salary multiplied by 2% multiplied by the
     years of this military service divided by 12 multiplied by any
     applicable early retirement or option factors.
        (c)  Adjustment paid.--Upon receipt of a timely request by an
     eligible annuitant, the system shall pay this special
     supplemental postretirement adjustment monthly from the
     effective date of this section.
        (d)  Adjustment enacted after death of annuitant.--No special
     supplemental postretirement adjustment enacted after the death
     of an annuitant shall be payable to the beneficiary or survivor
     annuitant of the deceased annuitant.
        (e)  Future supplemental annuities.--This special
     supplemental postretirement adjustment shall be included in the
     total annuity, and this military service shall be included in
     the total credited service in determining all future
     supplemental annuities.
        (f)  Time limitations.--An annuitant who is eligible for this
     special supplemental postretirement adjustment shall have two
     years from the effective date of this section within which to
     make a request to the system for the adjustment established in
     this section.
        (g)  Court-ordered purchase of nonstate service.--If a court
     of competent jurisdiction rules that an annuitant who is
     receiving or will receive retirement pay under 10 U.S.C. Ch. 67
     for this military service is eligible under section 5304(c)(1)
     or (2) to purchase nonstate service credit for this military
     service, this special supplemental postretirement adjustment
     shall stop with the annuitant's purchase of nonstate service
     credit for this military service, and the total amount of this
     special supplemental postretirement adjustment paid to the
     annuitant from the effective date of this section shall be
     subtracted from any increase in the annuity caused by the court-
     ordered purchase of nonstate service credit for this military
     service.
        Section 3.  This act shall be retroactive to January 1, 1974,
     only for the purpose of determining eligibility to receive
     special supplemental postretirement adjustments.
        Section 4.  No payments under 24 Pa.C.S. § 8348.4 and 71
     Pa.C.S. § 5708.4 shall be made to any eligible annuitant for any
     period of time prior to the effective date of this act.
        Section 5. This act shall take effect immediately.

     APPROVED--The 18th day of December, A. D. 1996.

     THOMAS J. RIDGE