Bill Text: PA HB337 | 2009-2010 | Regular Session | Introduced


Bill Title: Further providing for creditable nonschool service, for creditable nonstate service for service performed as a crewleader with the Pennsylvania Conservation Corps and for mandatory and optional membership.

Spectrum: Slight Partisan Bill (Republican 13-7)

Status: (Introduced - Dead) 2009-02-10 - Referred to STATE GOVERNMENT [HB337 Detail]

Download: Pennsylvania-2009-HB337-Introduced.html

  

 

    

PRINTER'S NO.  368

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

337

Session of

2009

  

  

INTRODUCED BY BAKER, ARGALL, CAUSER, STERN, BEYER, CLYMER, COHEN, FLECK, GIBBONS, GINGRICH, JOSEPHS, M. KELLER, MURT, RAPP, SIPTROTH, THOMAS AND YOUNGBLOOD, FEBRUARY 10, 2009

  

  

REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 10, 2009  

  

  

  

AN ACT

  

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Amending Titles 24 (Education) and 71 (State Government) of the

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Pennsylvania Consolidated Statutes, further providing for

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creditable nonschool service, for creditable nonstate service

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for service performed as a crewleader with the Pennsylvania

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Conservation Corps and for mandatory and optional membership.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  Section 8304(b) of Title 24 of the Pennsylvania

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Consolidated Statutes is amended by adding a paragraph to read:

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§ 8304.  Creditable nonschool service.

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* * *

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(b)  Limitations on nonschool service.--Creditable nonschool

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service credit shall be limited to:

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* * *

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(9)  Service as a crewleader prior to January 1, 2010,

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with the Pennsylvania Conservation Corps, not to exceed a

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total of five years. In order to elect to purchase the

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service credit, an active member must file an application

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with the board no later than three years after the effective

 


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date of this subsection or three years after subsequent entry

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into school service, whichever occurs last. The Department of

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Labor and Industry may charge an applicant a fee necessary to

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cover the administrative costs incurred in verifying the

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applicant's eligibility for the purchase of service.

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* * *

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Section 2.  Section 8324 of Title 24 is amended by adding a

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subsection to read:

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§ 8324.  Contributions for purchase of credit for creditable

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nonschool service.

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* * *

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(g)  Creditable service as a crewleader with the Pennsylvania

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Conservation Corps.--Contributions on account of T-C credit for

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creditable service as a crewleader with the Pennsylvania

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Conservation Corps pursuant to section 8304(b)(9) shall be the

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present value of the full actuarial cost of the increase in the

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projected superannuation annuity caused by the additional

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service credited on account of the purchase of service as a

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crewleader with the Pennsylvania Conservation Corps. The amount

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paid for the purchase of credit for service as a crewleader with

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the Pennsylvania Conservation Corps shall not be payable as a

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lump sum under section 8345(a)(4)(iii).

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Section 3.  Section 5301 of Title 71 is amended by adding a

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subsection to read:

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§ 5301.  Mandatory and optional membership.

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* * *

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(g)  Further additional optional membership.--Beginning

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January 1, 2010, individuals employed as crewleaders of the

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Pennsylvania Conservation Corps, pursuant to the act of July 2,

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1984 (P.L.561, No.112), known as the Pennsylvania Conservation

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Corps Act, shall have the option to elect membership in the

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system. The election of membership in the system shall be

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irrevocable and shall be made by filing written notice with the

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employer no later than 90 days following the effective date of

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this subsection or no later than 90 days following the effective

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date of employment in the case of a newly hired employee. Upon

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receipt of the election, the employer shall certify the election

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to the board. Employees who elect membership in the system under

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this subsection shall remain members of the system until the

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effective date of termination as a crewleader. An employee

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described in this subsection who fails to timely elect

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membership in the system shall be prohibited from electing

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membership in the system for the duration of employment with the

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Pennsylvania Conservation Corps. If an employee described in

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this subsection terminates service and becomes a State employee

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with an employer other than the Pennsylvania Conservation Corps,

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then membership for that employee shall be determined as

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otherwise provided for in this section.

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Section 4.  Section 5304(c) of Title 71 is amended to read:

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§ 5304.  Creditable nonstate service.

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* * *

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(c)  Limitations on nonstate service.--Creditable nonstate

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service credit shall be limited to:

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(1)  [intervening] Intervening military service[;].

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(2)  [military] Military service other than intervening

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military service and military service purchasable under

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section 5302(d) (relating to credited State service) not

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exceeding five years, provided that a member with multiple

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service may not purchase more than a total of five years of

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military service in both the system and the Public School

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Employees' Retirement System[;].

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(3)  [in] In the case of an academic administrator,

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teacher or instructor employed in the Department of

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Education, the State System of Higher Education, any State-

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owned educational institution or The Pennsylvania State

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University, provided that the total amount of service

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creditable under this paragraph shall not exceed the lesser

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of ten years or the number of years of active membership in

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the system as an academic administrator, teacher or

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instructor in the Department of Education, State System of

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Higher Education, any State-owned educational institution or

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The Pennsylvania State University:

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(i)  nonstudent service as an academic administrator,

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teacher or instructor in any public school or public

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educational institution in any state other than this

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Commonwealth; or

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(ii)  nonstudent service as an academic

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administrator, teacher or instructor in the field of

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education for any agency or department of the Federal

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Government, whether or not such area was under the

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jurisdiction of the United States[;].

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(4)  [previous] Previous service with a governmental

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agency other than the Commonwealth which employment with said

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agency was terminated because of the transfer by statute of

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the administration of such service or of the entire agency to

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the Commonwealth[;].

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(5)  [service] Service as a temporary Federal employee

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assigned to an air quality control complement for the

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Pennsylvania Department of Environmental Resources at any

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time during the period of 1970 through 1975. This service

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time may be purchased only if the member makes an election to

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purchase within one year of the effective date of this

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paragraph, and the member shall pay an amount which is equal

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to the full actuarial cost of the increased benefit obtained

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by virtue of the purchase as provided in section 5505(f)[;].

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(6)  [service] Service in the Cadet Nurse Corps with

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respect to any period of training as a student or graduate

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nurse under a plan approved under section 2 of the act of

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June 15, 1943 (Public Law 78-73, 57 Stat. 153), if the total

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period of training under such plan was at least two years,

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the credit for such service not to exceed three years[;].

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(7)  [service] Service prior to July 1, 1971, at a

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community college established under the act of August 24,

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1963 (P.L.1132, No.484), known as the Community College Act

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of 1963[; or].

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(8)  [service] Service as a justice of the peace prior to

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January 1970.

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(9)  Service as a crewleader prior to January 1, 2010,

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with the Pennsylvania Conservation Corps, not to exceed a

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total of five years. In order to elect to purchase the

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service credit, an active member must file an application

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with the board no later than three years after the effective

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date of this subsection or three years after subsequent entry

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into State service, whichever occurs last. The Department of

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Labor and Industry may charge an applicant a fee necessary to

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cover the administrative costs incurred in verifying the

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applicant's eligibility for the purchase of service.

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* * *

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Section 5.  Section 5505 of Title 71 is amended by adding a

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subsection to read:

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§ 5505.  Contributions for the purchase of credit for creditable

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nonstate service.

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* * *

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(i)  Creditable service as a crewleader with the Pennsylvania

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Conservation Corps.--Contributions on account of Class A credit

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for creditable service as a crewleader with the Pennsylvania

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Conservation Corps pursuant to section 5304 shall be the present

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value of the full actuarial cost of the increase in the

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projected superannuation annuity caused by the additional

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service credited on account of the purchase of service as a

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crewleader with the Pennsylvania Conservation Corps. The amount

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paid for the purchase of credit for service as a crewleader with

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the Pennsylvania Conservation Corps shall not be payable as a

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lump sum under section 5705(a)(4)(iii) (relating to member's

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options).

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Section 6.  This act shall take effect in 60 days.

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