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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY BAKER, STERN, J. TAYLOR, CAUSER, COHEN, DENLINGER, GEIST, M. K. KELLER, KORTZ, MICOZZIE, MURT, M. O'BRIEN, PEIFER, PYLE, RAPP AND READSHAW, MARCH 31, 2011 |
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| REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 31, 2011 |
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| AN ACT |
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1 | Amending Titles 24 (Education) and 71 (State Government) of the |
2 | Pennsylvania Consolidated Statutes, further providing for |
3 | creditable nonschool service, for creditable nonstate service |
4 | for service performed as a crewleader with the Pennsylvania |
5 | Conservation Corps and for mandatory and optional membership. |
6 | The General Assembly of the Commonwealth of Pennsylvania |
7 | hereby enacts as follows: |
8 | Section 1. Section 8304(b) of Title 24 of the Pennsylvania |
9 | Consolidated Statutes is amended by adding a paragraph to read: |
10 | § 8304. Creditable nonschool service. |
11 | * * * |
12 | (b) Limitations on nonschool service.--Creditable nonschool |
13 | service credit shall be limited to: |
14 | * * * |
15 | (9) Service as a crewleader prior to July 1, 2011, with |
16 | the Pennsylvania Conservation Corps, not to exceed a total of |
17 | five years. In order to elect to purchase the service credit, |
18 | an active member must file an application with the board no |
19 | later than three years after the effective date of this |
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1 | subsection or three years after subsequent entry into school |
2 | service, whichever occurs last. The Department of Labor and |
3 | Industry may charge an applicant a fee necessary to cover the |
4 | administrative costs incurred in verifying the applicant's |
5 | eligibility for the purchase of service. |
6 | * * * |
7 | Section 2. Section 8324 of Title 24 is amended by adding a |
8 | subsection to read: |
9 | § 8324. Contributions for purchase of credit for creditable |
10 | nonschool service. |
11 | * * * |
12 | (g) Creditable service as a crewleader with the Pennsylvania |
13 | Conservation Corps.--Contributions on account of Class T-C |
14 | credit for creditable service as a crewleader with the |
15 | Pennsylvania Conservation Corps pursuant to section 8304(b)(9) |
16 | shall be the present value of the full actuarial cost of the |
17 | increase in the projected superannuation annuity caused by the |
18 | additional service credited on account of the purchase of |
19 | service as a crewleader with the Pennsylvania Conservation |
20 | Corps. The amount paid for the purchase of credit for service as |
21 | a crewleader with the Pennsylvania Conservation Corps shall not |
22 | be payable as a lump sum under section 8345(a)(4)(iii). |
23 | Section 3. Section 5301 of Title 71 is amended by adding a |
24 | subsection to read: |
25 | § 5301. Mandatory and optional membership. |
26 | * * * |
27 | (g) Further additional optional membership.--Beginning July |
28 | 1, 2011, individuals employed as crewleaders of the Pennsylvania |
29 | Conservation Corps, pursuant to the act of July 2, 1984 |
30 | (P.L.561, No.112), known as the Pennsylvania Conservation Corps |
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1 | Act, shall have the option to elect membership in the system. |
2 | The election of membership in the system shall be irrevocable |
3 | and shall be made by filing written notice with the employer no |
4 | later than 90 days following the effective date of this |
5 | subsection or no later than 90 days following the effective date |
6 | of employment in the case of a newly hired employee. Upon |
7 | receipt of the election, the employer shall certify the election |
8 | to the board. Employees who elect membership in the system under |
9 | this subsection shall remain members of the system until the |
10 | effective date of termination as a crewleader. An employee |
11 | described in this subsection who fails to timely elect |
12 | membership in the system shall be prohibited from electing |
13 | membership in the system for the duration of employment with the |
14 | Pennsylvania Conservation Corps. If an employee described in |
15 | this subsection terminates service and becomes a State employee |
16 | with an employer other than the Pennsylvania Conservation Corps, |
17 | then membership for that employee shall be determined as |
18 | otherwise provided for in this section. |
19 | Section 4. Section 5304(c) of Title 71 is amended to read: |
20 | § 5304. Creditable nonstate service. |
21 | * * * |
22 | (c) Limitations on nonstate service.--Creditable nonstate |
23 | service credit shall be limited to: |
24 | (1) [intervening] Intervening military service[;]. |
25 | (2) [military] Military service other than intervening |
26 | military service and military service purchasable under |
27 | section 5302(d) (relating to credited State service) not |
28 | exceeding five years, provided that a member with multiple |
29 | service may not purchase more than a total of five years of |
30 | military service in both the system and the Public School |
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1 | Employees' Retirement System[;]. |
2 | (3) [in] In the case of an academic administrator, |
3 | teacher or instructor employed in the Department of |
4 | Education, the State System of Higher Education, any State- |
5 | owned educational institution or The Pennsylvania State |
6 | University, provided that the total amount of service |
7 | creditable under this paragraph shall not exceed the lesser |
8 | of ten years or the number of years of active membership in |
9 | the system as an academic administrator, teacher or |
10 | instructor in the Department of Education, State System of |
11 | Higher Education, any State-owned educational institution or |
12 | The Pennsylvania State University: |
13 | (i) nonstudent service as an academic administrator, |
14 | teacher or instructor in any public school or public |
15 | educational institution in any state other than this |
16 | Commonwealth; or |
17 | (ii) nonstudent service as an academic |
18 | administrator, teacher or instructor in the field of |
19 | education for any agency or department of the Federal |
20 | Government, whether or not such area was under the |
21 | jurisdiction of the United States[;]. |
22 | (4) [previous] Previous service with a governmental |
23 | agency other than the Commonwealth which employment with said |
24 | agency was terminated because of the transfer by statute of |
25 | the administration of such service or of the entire agency to |
26 | the Commonwealth[;]. |
27 | (5) [service] Service as a temporary Federal employee |
28 | assigned to an air quality control complement for the |
29 | Pennsylvania Department of Environmental Resources at any |
30 | time during the period of 1970 through 1975. This service |
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1 | time may be purchased only if the member makes an election to |
2 | purchase within one year of the effective date of this |
3 | paragraph, and the member shall pay an amount which is equal |
4 | to the full actuarial cost of the increased benefit obtained |
5 | by virtue of the purchase as provided in section 5505(f)[;]. |
6 | (6) [service] Service in the Cadet Nurse Corps with |
7 | respect to any period of training as a student or graduate |
8 | nurse under a plan approved under section 2 of the act of |
9 | June 15, 1943 (Public Law 78-73, 57 Stat. 153), if the total |
10 | period of training under such plan was at least two years, |
11 | the credit for such service not to exceed three years[;]. |
12 | (7) [service] Service prior to July 1, 1971, at a |
13 | community college established under the act of August 24, |
14 | 1963 (P.L.1132, No.484), known as the Community College Act |
15 | of 1963[; or]. |
16 | (8) [service] Service as a justice of the peace prior to |
17 | January 1970. |
18 | (9) Service as a crewleader prior to July 1, 2011, with |
19 | the Pennsylvania Conservation Corps, not to exceed a total of |
20 | five years. In order to elect to purchase the service credit, |
21 | an active member must file an application with the board no |
22 | later than three years after the effective date of this |
23 | subsection or three years after subsequent entry into State |
24 | service, whichever occurs last. The Department of Labor and |
25 | Industry may charge an applicant a fee necessary to cover the |
26 | administrative costs incurred in verifying the applicant's |
27 | eligibility for the purchase of service. |
28 | * * * |
29 | Section 5. Section 5505 of Title 71 is amended by adding a |
30 | subsection to read: |
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1 | § 5505. Contributions for the purchase of credit for creditable |
2 | nonstate service. |
3 | * * * |
4 | (j) Creditable service as a crewleader with the Pennsylvania |
5 | Conservation Corps.--Contributions on account of Class A credit |
6 | for creditable service as a crewleader with the Pennsylvania |
7 | Conservation Corps pursuant to section 5304 shall be the present |
8 | value of the full actuarial cost of the increase in the |
9 | projected superannuation annuity caused by the additional |
10 | service credited on account of the purchase of service as a |
11 | crewleader with the Pennsylvania Conservation Corps. The amount |
12 | paid for the purchase of credit for service as a crewleader with |
13 | the Pennsylvania Conservation Corps shall not be payable as a |
14 | lump sum under section 5705(a)(4)(iii) (relating to member's |
15 | options). |
16 | Section 6. This act shall take effect July 1, 2011, or |
17 | immediately, whichever is later. |
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