Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 310-13 - Retirement (Adm. Code Section 913-B)(a) An employe who is transferred under section 908-B and who on the effective date of this section participates in an independent retirement program approved by the Department of Education under24 Pa.C.S. § 8301(a)(1) (relating to mandatory and optional membership) or 71 Pa.C.S. § 5301(a)(12) (relating to mandatory and optional membership) or is a member of the Public School Employees' Retirement System under 24 Pa.C.S. § 8301(a)(1) or 71 Pa.C.S. § 5301(a)(12) shall be deemed to be a school employe under 24 Pa.C.S. Pt. IV (relating to retirement for school employees) or 71 Pa.C.S. Pt. XXV (relating to retirement for State employees and officers) and shall continue to participate in the authorized independent retirement program or the Public School Employees' Retirement System, as the case may be. The Department of Corrections shall approve the program as an independent retirement program under 71 Pa.C.S. § 5301(a)(12) for participating transferred employes. The department shall be considered an employer, as defined under 24 Pa.C.S. § 8102 (relating to definitions), of a transferred employe who is a member of the Public School Employees' Retirement System.(b)(1) Notwithstanding any other provision of law or any collective bargaining agreement, arbitration award, contract or term or condition or any retirement system or pension plan, an employe who on the effective date of this section is an active member or inactive member of the Public School Employees' Retirement System shall have a one-time election to do one of the following: (i) Become a member of the State Employees' Retirement System and transfer all credited service and accumulated deductions in the Public School Employees' Retirement System to the State Employees' Retirement System.(ii) Become a member of the State Employees' Retirement System, retaining credited service and accumulated deductions in the Public School Employees' Retirement System. The employe may elect multiple service at the same time as an election under this subclause.(2) The election shall be made within ninety (90) days of the effective date of this section, but before termination of school service, by submitting an election form to the personnel officer of the department. The date the election is submitted to the department shall be the effective date of the election. The department shall notify both the Public School Employees' Retirement System and the State Employees' Retirement System of the election.(3) If a member elects to transfer credited service from the Public School Employees' Retirement System to the State Employees' Retirement System, all classes of school and nonschool service credited in the Public School Employees' Retirement System shall be transferred to the State Employees' Retirement System and credited in the appropriate classes of State and nonstate service, respectively. School service which would have been service as a corrections officer as defined in 71 Pa.C.S. § 5102 (relating to definitions) had the employe been a member of the State Employees' Retirement System at the time it was performed shall be credited as corrections officer service. Transferred service shall no longer be considered school or nonschool service for any purpose, but shall be considered State and nonstate service for all purposes. Within sixty (60) days of an election under this subsection, the Public School Employees' Retirement System shall transfer to the State Employees' Retirement System for each transferred member the total accumulated member contributions and statutory interest, plus an amount equal to the value of all annual employer contributions with interest at the annual rate adopted by the State Employees' Retirement Board for the calculation of the normal contribution rate under 71 Pa.C.S. § 5508(b) (relating to actuarial cost method), from the date of each contribution to the date of the transfer of the funds to the State Employees' Retirement Board. A debt to the Public School Employees' Retirement System shall be transferred to the State Employees' Retirement System and shall be paid in a manner and in accordance with conditions prescribed by the State Employees' Retirement Board.(4) The State Employees' Retirement Board shall determine the total additional actuarial accrued liability resulting from transfers under this subsection as part of the first annual valuation made after June 30, 1999. The department shall pay the amount of the additional actuarial accrued liability to the State Employees' Retirement Board in one lump sum within ninety (90) days of the board's certification of the amount to the department.(5) The provisions of 71 Pa.C.S. Pt. XXV shall apply to all benefits, rights and obligations under this article.1929, April 9, P.L. 177, No. 175, art. IX-B, § 913-B, added 1999, June 22, P.L. 99, No. 15, § 1, effective 7/1/1999.