Bill Text: PA HB555 | 2009-2010 | Regular Session | Introduced


Bill Title: Further providing for termination of annuities.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2009-02-23 - Referred to EDUCATION [HB555 Detail]

Download: Pennsylvania-2009-HB555-Introduced.html

  

 

    

PRINTER'S NO.  604

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

555

Session of

2009

  

  

INTRODUCED BY BEYER, BRENNAN, GEIST, GOODMAN, HARHAI, KIRKLAND, KOTIK, MELIO, MENSCH, MURT, READSHAW, SCAVELLO, SIPTROTH AND SWANGER, FEBRUARY 23, 2009

  

  

REFERRED TO COMMITTEE ON EDUCATION, FEBRUARY 23, 2009  

  

  

  

AN ACT

  

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Amending Title 24 (Education) of the Pennsylvania Consolidated

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Statutes, further providing for termination of annuities.

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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 8346(b) of Title 24 of the Pennsylvania

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Consolidated Statutes is amended and the section is amended by

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adding a subsection to read:

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§ 8346.  Termination of annuities.

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* * *

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(b)  Return to school service during emergency.--

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(1)  When, in the judgment of the employer, an emergency

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creates an increase in the work load such that there is

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serious impairment of service to the public or in the event

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of a shortage of appropriate subject certified teachers or

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other personnel, an annuitant may be returned to school

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service for a period not to extend beyond the school year

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during which the emergency or shortage occurs, without loss

 


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of his annuity. The annuitant shall not be entitled to earn

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any credited service, and no contributions may be made by the

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annuitant, the employer or the Commonwealth on account of

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such employment.

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(2)  An employer shall pay an annuitant who is returning

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to school service under this section no more than 125% of the

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annuitant's last annual salary prior to retirement, less the

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amount of the annual annuity payments from the system.

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(3)  Upon opting to hire an annuitant on an emergency

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basis, the employer shall provide the department with

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appropriate documentation of efforts to find a replacement,

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the shortage of qualified applicants, the emergency created

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by an unfilled position and duties that cannot be performed

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by other active employees.

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(4)  An emergency return to service shall be subject to

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approval by the department, which approval shall be

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contingent on:

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(i)  Verification that the employer has made a bona

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fide attempt to locate a nonannuitant replacement.

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(ii)  Certification by the employer that an emergency

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would be created if a position went unfilled during the

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search for a replacement.

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(iii)  Determining whether emergency employment can

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be avoided by requiring the assistant superintendent or

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other administrator to temporarily assume the duties of

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the unfilled position until a replacement can be hired.

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(5)  An employer may temporarily employ an annuitant on

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an emergency basis according to the 125% requirement until

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the department completes its review as required under this

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section. Once the department makes a determination regarding

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an emergency return to service, the employer shall comply

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with the decision immediately upon notification.

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(6)  The department shall maintain a record of all

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requests for emergency return to service of annuitants and

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report such requests to the chair and minority chair of the

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Education Committee of the Senate and the chair and minority

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chair of the Education Committee of the House of

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Representatives annually.

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(7)  The department shall promulgate regulations

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establishing criteria for approval of a request for emergency

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return to service and may further define "emergency" to

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ensure that the intent of this section is carried out.

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(8)  If a violation of the salary limitations provided

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under this section occurs, the annuitant shall be obligated

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to return any excess wages to the employer within 90 days.

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* * *

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(e)  Definitions.--As used in this section, "emergency" means

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the period of time in which an unfilled position cannot be

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filled by a nonannuitant through efforts established under

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subsection (b) and where the unfilled position will

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significantly impact student achievement, school operations or a

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school entity's ability to offer an education consistent with

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State law and regulation.

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Section 2.  This act shall take effect in 60 days.

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