5303.2 - Election to convert school service to State service.

     § 5303.2.  Election to convert school service to State service.        (a)  Eligibility.--An active member or inactive member on     leave without pay who was an employee transferred from the     Department of Education to the Department of Corrections     pursuant to section 908-B of the act of April 9, 1929 (P.L.177,     No.175), known as The Administrative Code of 1929, and who on     the effective date of that transfer did not participate in an     independent retirement program approved by the Department of     Education under 24 Pa.C.S. § 8301(a)(1) (relating to mandatory     and optional membership) or section 5301(a)(12) (relating to     mandatory and optional membership), notwithstanding any other     provision of law or any collective bargaining agreement,     arbitration award, contract or term or conditions of any     retirement system or pension plan, may make a one-time election     to convert all service credited in the Public School Employees'     Retirement System as of June 30, 1999, and transfer to the     system all accumulated member contributions and statutory     interest credited in the members' savings account in the Public     School Employees' Retirement System as of June 30, 1999, plus     statutory interest on that amount credited by the Public School     Employees' Retirement System from July 1, 1999, to the date of     transfer to the system.        (b)  Time for making election.--An election pursuant to     subsection (a) must be made by the member filing written notice     with the board on or before 90 days after the effective date of     this section or before the member terminates State service,     whichever occurs first.        (c)  Effect of election.--An election to have credited     service and accumulated deductions in the Public School     Employees' Retirement System transferred to the system shall     become effective when the election is filed with the board. If a     member elects to transfer credited service from the Public     School Employees' Retirement System to the system, then all     school service and nonschool service credited in the Public     School Employees' Retirement System on June 30, 1999, shall be     converted to State service and nonstate service respectively and     credited in the system in accordance with section 5306(d)     (relating to classes of service). All accumulated member     contributions and statutory interest credited in the members'     savings account in the Public School Employees' Retirement     System on June 30, 1999, plus statutory interest on that amount     credited by the Public School Employees' Retirement System from     July 1, 1999, to the date of transfer to the system shall be     transferred to the system and credited in the members' savings     account in the system. School service which would have been     service as a corrections officer as defined in section 5102     (relating to definitions) had the employee been a member of the     system at the time it was performed shall be credited as     corrections officer service. After the effective date of the     conversion, the converted service shall not be considered school     or nonschool service for any purpose, but shall be considered     State and nonstate service for all purposes.        (d)  Effect of failure to make election.--Failure to elect to     convert school service and nonschool service to State service     and nonstate service within the election period set forth in     subsection (b) shall result in the credited service in the     Public School Employees' Retirement System not being converted.     Transferred employees who do not elect to convert school service     and nonschool service shall not have the opportunity to make a     subsequent conversion election should they later obtain     different employment in the Department of Corrections or other     State employment eligible for membership in the system.        (e)  Transfer.--Within 180 days after the effective date of     this subsection, the Public School Employees' Retirement System     shall transfer to the board for each member electing to convert     under this section the accumulated member contributions and     statutory interest credited in the Public School Employees'     Retirement System, plus an amount equal to the value of all     annual employer contributions made to the Public School     Employees' Retirement System with interest at the annual rate     adopted by the board for the calculation of the normal     contribution rate under section 5508(b) (relating to actuarial     cost method), from the date of each contribution to the date of     the transfer of the funds to the board. Any debt owed by a     member to the Public School Employees' Retirement System for     whatever reason shall be transferred to the system and shall be     paid in a manner and in accordance with conditions prescribed by     the board.        (f)  Determination of additional actuarial liability for     converted school service.--Notwithstanding any other provision     of this part or other law, as part of the first annual valuation     made after the effective date of this section, the board shall     determine the total additional actuarial accrued liability     resulting from the conversion of service under this section. The     Department of Corrections shall pay the amount of the additional     actuarial accrued liability to the board in one lump sum within     180 days of the board's certification of the amount to the     Department of Corrections.     (Apr. 23, 2002, P.L.272, No.38, eff. imd.)        2002 Amendment.  Act 38 added section 5303.2. See section 22     of Act 38 in the appendix to this title for special provisions     relating to cancellation of service in other retirement systems.        Cross References.  Section 5303.2 is referred to in sections     5102, 5302, 5303, 5304, 5306, 5708.8, 5904, 5933, 5934 of this     title.