act-2002-0-234•Pennsylvania Act 2002-234 — EDUCATION (24 PA.C.S.) AND STATE GOVERNMENT (71 PA.C.S.) - AMEND TERMINATION OF ANNUITIES, RETENTION AND REINSTATEMENT OF SERVICE CREDITS FOR SUPPLEMENTAL ANNUITIES AND BENEFITS COMPLETION PLAN
Pennsylvania Act 2002-234 — EDUCATION (24 PA.C.S.) AND STATE GOVERNMENT (71 PA.C.S.) - AMEND TERMINATION OF ANNUITIES, RETENTION AND REINSTATEMENT OF SERVICE CREDITS FOR SUPPLEMENTAL ANNUITIES AND BENEFITS COMPLETION PLAN
act-2002-0-2342002 Pa. Act 234Law
Act text
EDUCATION (24 PA.C.S.) AND STATE GOVERNMENT (71 PA.C.S.) - AMEND
TERMINATION OF ANNUITIES, RETENTION AND REINSTATEMENT OF SERVICE CREDITS
FOR SUPPLEMENTAL ANNUITIES AND BENEFITS COMPLETION PLAN
Act of Dec. 30, 2002, P.L. 2082, No. 234 Cl. 24
Session of 2002
No. 2002-234
SB 315
AN ACT
Amending Titles 24 (Education) and 71 (State Government) of the
Pennsylvania Consolidated Statutes, further providing for
termination of annuities, for retention and reinstatement of
service credits and for supplemental annuities commencing
2003; and providing for benefits completion plan.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 8346 of Title 24 of the Pennsylvania
Consolidated Statutes is amended by adding a subsection to read:
§ 8346. Termination of annuities.
* * *
(b.1) Return to school service in an extracurricular
position.--An annuitant may be employed under separate contract
by a school entity or charter school in an extracurricular
position 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.
* * *
Section 2. Section 5303 of Title 71 is amended by adding a
subsection to read:
§ 5303. Retention and reinstatement of service credits.
* * *
(h) Purchase of certain service credit; Delaware River Joint
Free Bridge Commission.--
(1) An active member who is an employee of the Delaware
River Joint Toll Bridge Commission on the effective date of
this subsection shall be eligible to obtain State service
credit for the other one-half of the member's service as an
employee of the former Delaware River Joint Free Bridge
Commission after September 1, 1973, and before July 1, 1987,
for which the member has received one-half year of State
service credit for each year of service upon payment of the
required contribution by the member.
(2) In order to elect the service credit, an active
member shall file an application with the board no later than
three years after the effective date of this subsection.
(3) The contribution to be paid by a member for the
service credit shall be determined by the board to be equal
to the amount paid as employee contributions to the fund by
the member as an employee of the former Delaware River Joint
Free Bridge Commission during the time period for which
service credit is being purchased together with statutory
interest to date of purchase.
(4) Upon application for the service credit, the member
shall pay the contribution to the board in a lump sum within
30 days or the contribution may be amortized with statutory
interest through salary deductions over a period not to
exceed three years as agreed upon by the member and the
board.
(5) In no event shall the service be creditable if the
member has received, is entitled to receive, eligible to
receive now or in the future or is receiving retirement
benefits for such service or has retirement credit or has now
or acquires in the future retirement credit under a
retirement system administered and wholly or partially paid
for by any other governmental agency or by any private
employer or a retirement program approved by the employer in
accordance with section 5301(a)(12). In the event that State
service credit is granted for the service and the member
subsequently receives credit for the service that is
prohibited by this paragraph, the State service credited
shall be canceled and any member contributions and interest
paid by the member under paragraphs (3) and (4) shall be
refunded to the member by the board.
Section 3. Section 5708.7(g) of Title 71 is amended to read:
§ 5708.7. Supplemental annuities commencing 2003.
* * *
(g) Eligible benefit recipient.--As used in this section,
the term "eligible benefit recipient" means a person:
(1) who is receiving a superannuation, withdrawal or
disability annuity on July 1, 2003;
(2) whose most recent effective date of retirement is
prior to [January 1,] July 2, 2002; and
(3) whose credited service does not include any service
credited as either Class AA, Class D-4 or Class T-D service.
Notwithstanding the above, the supplemental annuities provided
under this section shall not be payable to an annuitant
receiving a superannuation or withdrawal annuity prior to the
first day of July coincident with or following the annuitant's
attainment of superannuation age.
Section 4. Title 71 is amended by adding a section to read:
§ 5941. Benefits completion plan.
Notwithstanding any other law to the contrary, the board
shall establish and serve as trustee of a retirement benefit
plan within the meaning of, in conformity with and then only to
the extent and so long as permitted by IRC § 415(m) for the
purpose of providing such retirement benefits as would otherwise
have been payable under this part to annuitants of the system on
or after July 2, 2001, but for the application of the
limitations on benefits of IRC § 415. The board may, in its sole
discretion and within the limits of IRC § 415(m) and this
section, determine all terms and provisions of the plan,
including, but not limited to, the cost of and procedures for
funding the plan as provided in this section. The Commonwealth
and other employers whose employees are members of the system
shall make contributions to the plan on behalf of all members in
such amounts as shall be certified by the board.
Section 5. The addition of 24 Pa.C.S. § 8346(b.1) shall
apply retroactively to July 1, 2001.
Section 6. No payments from the plan authorized by 71
Pa.C.S. § 5941 shall be made until the first calendar month
beginning 90 days following the receipt by the State Employees'
Retirement Board of a determination by the Internal Revenue
Service that the plan established by the State Employees'
Retirement Board conforms with section 415(m) of the Internal
Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 415(m)) and
such regulations as may have been promulgated thereunder and
until the assets of the plan as provided in 71 Pa.C.S. § 5941
are sufficient to satisfy the plan's projected liabilities in
the following year.
Section 7. This act shall take effect as follows:
(1) The addition of 71 Pa.C.S. § 5303(h) shall take
effect in 60 days.
(2) The remainder of this act shall take effect
immediately.
APPROVED--The 30th day of December, A. D. 2002.
MARK S. SCHWEIKER
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