and Eligibility for Benefits -

                                CHAPTER 53                 MEMBERSHIP, CREDITED SERVICE, CLASSES OF                  SERVICE, AND ELIGIBILITY FOR BENEFITS     Sec.     5301.  Mandatory and optional membership.     5302.  Credited State service.     5303.  Retention and reinstatement of service credits.     5303.1. Election to convert county service to State service.     5303.2. Election to convert school service to State service.     5304.  Creditable nonstate service.     5305.  Social security integration credits.     5305.1. Eligibility for actuarial increase factor.     5306.  Classes of service.     5306.1. Election to become a Class AA member.     5306.2. Elections by members of the General Assembly.     5307.  Eligibility points.     5308.  Eligibility for annuities.     5308.1. Eligibility for special early retirement.     5308.2. Eligibility for limited early retirement.     5309.  Eligibility for vesting.     5309.1. Eligibility for special vesting.     5310.  Eligibility for death benefits.     5311.  Eligibility for refunds.        Enactment.  Chapter 53 was added March 1, 1974, P.L.125,     No.31, effective immediately.     § 5301.  Mandatory and optional membership.        (a)  Mandatory membership.--Membership in the system shall be     mandatory as of the effective date of employment for all State     employees except the following:            (1)  Governor.            (2)  Lieutenant Governor.            (3)  Members of the General Assembly.            (4)  Heads or deputy heads of administrative departments.            (5)  Members of any independent administrative board or        commission.            (6)  Members of any departmental board or commission.            (7)  Members of any advisory board or commission.            (8)  Secretary to the Governor.            (9)  Budget Secretary.            (10)  Legislative employees.            (11)  School employees who have elected membership in the        Public School Employees' Retirement System.            (12)  School employees who have elected membership in an        independent retirement program approved by the employer,        provided that in no case, except as hereinafter provided,        shall the employer contribute on account of such elected        membership at a rate greater than the employer normal        contribution rate as determined in section 5508(b) (relating        to actuarial cost method). For the fiscal year 1986-1987 an        employer may contribute on account of such elected membership        at a rate which is the greater of 7% or the employer normal        contribution rate as determined in section 5508(b) and for        the fiscal year 1992-1993 and all years after that at a rate        of 9.29%.            (13)  Persons who have elected to retain membership in        the retirement system of the political subdivision by which        they were employed prior to becoming eligible for membership        in the State Employees' Retirement System.            (14)  Persons who are not members of the system and are        employed on a per diem or hourly basis for less than 100 days        or 750 hours in a 12-month period.            (15)  Employees of the Philadelphia Regional Port        Authority who have elected to retain membership in the        pension plan or retirement system in which they were enrolled        as employees of the predecessor Philadelphia Port Corporation        prior to the creation of the Philadelphia Regional Port        Authority.            (16)  Employees of the Juvenile Court Judges' Commission        who, before the effective date of this paragraph, were        transferred from the State System of Higher Education to the        Juvenile Court Judges' Commission as a result of an        interagency transfer of staff approved by the Office of        Administration and who, while employees of the State System        of Higher Education, had elected membership in an independent        retirement program approved by the employer.        (b)  Optional membership.--The State employees listed in     subsection (a)(1) through (11) shall have the right to elect     membership in the system; once such election is exercised,     membership shall continue until the termination of State     service.        (c)  Prohibited membership.--The State employees listed in     subsection (a)(12), (13), (14) and (15) shall not have the right     to elect membership in the system.        (d)  Return to service.--An annuitant who returns to service     as a State employee shall resume active membership in the system     as of the effective date of employment, except as otherwise     provided in section 5706(a) (relating to termination of     annuities), regardless of the optional membership category of     the position.        (e)  Election prohibited.--Notwithstanding subsections     (a)(13) and (c), county employees who are transferred to State     employment and become State employees pursuant to 42 Pa.C.S. §     1905 (relating to county-level court administrators) shall not     have the election to remain a contributor in the retirement     system or pension plan of the county by which they were employed     prior to becoming eligible for membership in the State     Employees' Retirement System. Such employees shall be mandatory     members of the system provided they are otherwise eligible and     unless they are eligible for optional membership pursuant to     subsections (a)(1) through (11) and (b) or prohibited membership     pursuant to subsections (a)(14) and (c).        (f)  Additional optional membership.--The State employees     listed in subsection (a)(16) shall be mandatory members of the     system as of the effective date of employment with the Juvenile     Court Judges' Commission unless they elect membership in an     independent retirement program approved by the Juvenile Court     Judges' Commission. Employees who elect membership in an     independent retirement program approved by the Juvenile Court     Judges' Commission shall be prohibited from being active members     in the system while employed by the Juvenile Court Judges'     Commission. If an employee described in this subsection becomes     a State employee with an employer other than the Juvenile Court     Judges' Commission, then membership for that employee shall be     determined as otherwise provided for in this part. The election     of membership in the independent retirement program approved by     the Juvenile Court Judges' Commission must be made by the     transferred employee filing written notice with the employer     while a State employee no later than 90 days after the effective     date of this subsection. Upon receipt of such an election, the     Juvenile Court Judges' Commission shall certify the election to     the board and the independent retirement program.     (Oct. 7, 1975, P.L.348, No.101, eff. imd.; Mar. 4, 1982,     P.L.141, No.45, eff. imd.; Dec. 15, 1986, P.L.1597, No.176, eff.     imd.; Oct. 30, 1987, P.L.380, No.78, eff. imd.; Aug. 5, 1991,     P.L.183, No.23, eff. imd.; Nov. 30, 1992, P.L.737, No.112, eff.     imd.; June 22, 1999, P.L.75, No.12, eff. imd.; Apr. 23, 2002,     P.L.272, No.38, eff. imd.)        2002 Amendment.  Act 38 added subsecs. (a)(16) and (f).        1999 Amendment.  Act 12 added subsec. (e). See sections 19     and 22(b) of Act 12 in the appendix to this title for special     provisions relating to required membership in State Employees'     Retirement System and contributions left in county retirement     system.        1992 Amendment.  Act 112 amended subsec. (a)(12). See section     5 of Act 112 in the appendix to this title for special     provisions relating to annual employer contribution rates to     optional alternate retirement programs.        1991 Amendment.  Act 23 amended subsecs. (a) and (c).        1982 Amendment.  Act 45 added subsec. (d).        Special Provisions in Appendix.  See sections 2 and 3 of Act     78 of 1987 in the appendix to this title for special provisions     relating to annual employer contribution rates to optional     alternate retirement programs and effective date and     retroactivity.        Cross References.  Section 5301 is referred to in sections     5303, 5303.2, 5304, 5306, 5701.1 of this title.     § 5302.  Credited State service.        (a)  Computation of credited service.--In computing credited     State service of a member for the determination of benefits, a     full-time salaried State employee, including any member of the     General Assembly, shall receive credit for service in each     period for which contributions as required are made, or for     which contributions otherwise required for such service were not     made solely by reason of section 5502.1 (relating to waiver of     regular member contributions and Social Security integration     member contributions) or any provision of this part relating to     the limitations under IRC § 401(a)(17) or 415(b), but in no case     shall he receive more than one year's credit for any 12     consecutive months or 26 consecutive biweekly pay periods. A per     diem or hourly State employee shall receive one year of credited     service for each nonoverlapping period of 12 consecutive months     or 26 consecutive biweekly pay periods in which he is employed     and for which contributions are made or would have been made but     for such waiver under section 5502.1 or limitations under the     IRC for at least 220 days or 1,650 hours of employment. If the     member was employed and contributions were made for less than     220 days or 1,650 hours, he shall be credited with a fractional     portion of a year determined by the ratio of the number of days     or hours of service actually rendered to 220 days or 1,650     hours, as the case may be. A part-time salaried employee shall     be credited with the fractional portion of the year which     corresponds to the number of hours or days of service actually     rendered in relation to 1,650 hours or 220 days, as the case may     be. In no case shall a member who has elected multiple service     receive an aggregate in the two systems of more than one year of     credited service for any 12 consecutive months.        (b)  Creditable leaves of absence.--            (1)  A member on leave without pay who is studying under        a Federal grant approved by the head of his department or who        is engaged up to a maximum of two years of temporary service        with the United States Government, another state or a local        government under the Intergovernmental Personnel Act of 1970,        5 U.S.C. §§ 1304, 3371-3376; 42 U.S.C. §§ 4701-4772, shall be        eligible for credit for such service: Provided, That        contributions are made in accordance with sections 5501        (relating to regular member contributions for current        service), 5505.1 (relating to additional member        contributions) and 5507 (relating to contributions by the        Commonwealth and other employers), the member returns from        leave without pay to active State service for a period of at        least one year, and he is not entitled to retirement benefits        for such service under a retirement system administered by        any other governmental agency.            (2)  An active member on paid leave granted by an        employer for purposes of serving as an elected full-time        officer for a Statewide employee organization which is a        collective bargaining representative under the act of June        24, 1968 (P.L.237, No.111), referred to as the Policemen and        Firemen Collective Bargaining Act, or the act of July 23,        1970 (P.L.563, No.195), known as the Public Employe Relations        Act, and up to 14 full-time business agents appointed by an        employee organization that represents correction officers        employed at State correctional institutions: Provided, That        for elected full-time officers such leave shall not be for        more than three consecutive terms of the same office and for        up to 14 full-time business agents appointed by an employee        organization that represents correction officers employed at        State correctional institutions no more than three        consecutive terms of the same office; that the employer shall        fully compensate the member, including, but not limited to,        salary, wages, pension and retirement contributions and        benefits, other benefits and seniority, as if he were in        full-time active service; and that the Statewide employee        organization shall fully reimburse the employer for all        expenses and costs of such paid leave, including, but not        limited to, contributions and payment in accordance with        sections 5501, 5505.1 and 5507, if the employee organization        either directly pays, or reimburses the Commonwealth or other        employer for, contributions made in accordance with section        5507.        (c)  Credited service as retirement incentive.--     Notwithstanding any provisions of this title to the contrary,     for the period February 1, 1991, to December 31, 1991, a member     who was not an annuitant on February 1, 1991, who terminates     State service between February 1, 1991, and December 31, 1991,     inclusive, who is, during such period, 55 years of age or older     or will attain 55 years of age between January 1, 1992, and     January 31, 1992, inclusive, with ten or more eligibility     points, and who files an application for retirement prior to     January 1, 1992, shall be credited with an additional 10% of his     Class A and Class C service. This provision shall not apply in     the case of active members who are justices, judges or district     justices, legislators, other elected officials and officers of     the Pennsylvania State Police.        (d)  Enlargement of coverage of Military Code.--For purposes     of determining whether a member is eligible to receive credited     service for active military service rendered after the date of     this act, other than active duty service to meet periodic     training requirements, the provisions of 51 Pa.C.S. Ch. 73     (relating to military leave of absence) shall apply to all     individuals who were active members of the system, even if not     defined as an employee pursuant to 51 Pa.C.S. § 7301 (relating     to definitions).        (d.1)  Effect of converting county service to State     service.--A county employee transferred to State employment     pursuant to 42 Pa.C.S. § 1905 (relating to county-level court     administrators) who elects to convert county service to State     service pursuant to section 5303.1 (relating to election to     convert county service to State service) shall receive one year     or fractional part of a year of State service credit for each     year or fractional part of a year, as the case may be, of county     service credited in the county retirement system or pension     plan, provided, however, that no more than one year of State     service of all classes will be credited in any one calendar year     and that no State service credit shall be received for county     service that is already credited in the system or in the Public     School Employees' Retirement System.        (d.2)  Effect of converting school service.--A State employee     who converts school service from the Public School Employees'     Retirement System pursuant to section 5303.2 (relating to     election to convert school service to State service) shall     receive one year or fractional part of a year of State service     credit for each year or fractional part of a year, as the case     may be, of school service credited in the Public School     Employees' Retirement System, provided, however, that no more     than one year of State service of all classes will be credited     for any one calendar year.        (e)  Cancellation of credited service.--All credited service     shall be cancelled if a member withdraws his total accumulated     deductions.     (Dec. 14, 1982, P.L.1249, No.284, eff. imd; July 22, 1983,     P.L.104, No.31, eff. imd.; Aug. 5, 1991, P.L.183, No.23, eff.     imd.; Nov. 30, 1992, P.L.737, No.112, eff. imd.; Dec. 20, 1995,     P.L.689, No.77, eff. Jan. 1, 1996; June 22, 1999, P.L.75, No.12,     eff. imd.; May 17, 2001, P.L.26, No.9, eff. imd.; Apr. 23, 2002,     P.L.272, No.38, eff. imd.; Nov. 29, 2006, P.L.1628, No.188, eff.     Jan. 1, 2007)        2006 Amendment.  Act 188 amended subsec. (b)(2). See section     3(1) of Act 188 in the appendix to this title for special     provisions relating to applicability.        2002 Amendment.  Act 38 added subsec. (d.2).        2001 Amendment.  Act 9 amended subsec. (a).        1999 Amendment.  Act 12 added subsec. (d.1).        1992 Amendment.  Act 112 amended subsec. (b).        1991 Amendment.  Act 23 relettered former subsec. (c) to     present subsec. (e) and added present subsecs. (c) and (d).        1983 Amendment.  See section 10 of Act 31 in the appendix to     this title for special provisions relating to waiver of     actuarial note requirement for retirement bills.        1982 Amendment.  See sections 2, 3 and 4 of Act 284 in the     appendix to this title for special provisions relating to     required contributions by head of department, nonseverability     and retroactivity.        Cross References.  Section 5302 is referred to in sections     5303, 5304, 5706, 5708.3 of this title.     § 5303.  Retention and reinstatement of service credits.        (a)  Eligibility points for accrued credited service.--     Eligibility points shall be computed in accordance with section     5307 (relating to eligibility points) with respect to all     credited service accrued as of the effective date of this part.        (b)  Eligibility points for prospective credited service.--            (1)  Every active member of the system or a multiple        service member who is a school employee and a member of the        Public School Employees' Retirement System on or after the        effective date of this part shall receive eligibility points        in accordance with section 5307 for current State service,        previous State service, or creditable nonstate service upon        compliance with sections 5501 (relating to regular member        contributions for current service), 5504 (relating to member        contributions for the purchase of credit for previous State        service or to become a full coverage member), 5505 (relating        to contributions for the purchase of credit for creditable        nonstate service), 5505.1 (relating to additional member        contributions) or 5506 (relating to incomplete payments).        Subject to the limitations in sections 5306.1 (relating to        election to become a Class AA member) and 5306.2 (relating to        elections by members of the General Assembly), the class or        classes of service in which the member may be credited for        previous State service prior to the effective date of this        part shall be the class or classes in which he was or could        have at any time elected to be credited for such service. The        class of service in which a member shall be credited for        service subsequent to the effective date of this part shall        be determined in accordance with section 5306 (relating to        classes of service).            (1.1)  Every active member of the system who elects to        convert county service to State service pursuant to section        5303.1 (relating to election to convert county service to        State service) shall receive eligibility points in accordance        with section 5307 for converted county service upon        compliance with section 5303.1(b). The class or classes of        service in which the member may be credited for converted        county service shall be determined in accordance with section        5306(c).            (1.2)  Every member of the system who elects to convert        school service to State service pursuant to section 5303.2        (relating to election to convert school service to State        service) shall receive eligibility points in accordance with        section 5307 for converted school service. The class or        classes of service in which the member may be credited for        converted school service shall be determined in accordance        with section 5306(d).            (2)  A special vestee or person otherwise eligible to be        a special vestee who returns to State service or withdraws        his accumulated deductions pursuant to section 5311 (relating        to eligibility for refunds) or 5701 (relating to return of        total accumulated deductions) shall receive or retain        eligibility points in accordance with paragraph (1) but upon        subsequent termination of State service shall only be        eligible to be an annuitant vestee or inactive member without        regard to previous status as a special vestee and without        regard to the provisions of this part providing for special        vestees.            (3)  A special vestee or person otherwise eligible to be        a special vestee who becomes an active member of the Public        School Employees' Retirement System and elects multiple        service shall receive or retain eligibility points as        otherwise provided for in this part and 24 Pa.C.S. Pt. IV        (relating to retirement for school employees) but upon        subsequent termination of school service shall only be        eligible to be an annuitant, vestee or inactive member as        otherwise eligible as a multiple service member without        regard to previous status as a special vestee and without        regard to the provisions of this part providing for special        vestees.        (c)  Election for purchase of certain creditable service.--     Every active member of the system or a multiple service member     who is a school employee and a member of the Public School     Employees' Retirement System who was employed by the Applied     Research Laboratory of The Pennsylvania State University prior     to June 3, 1984, and did not receive or is not receiving a     retirement or pension benefit as a result of that service may     elect to have the period of employment with the Applied Research     Laboratory treated as previous State service upon compliance     with sections 5504 and 5506 upon waiver in writing of any     benefit that he is entitled to under any other pension or     retirement plan by virtue of that service. If a member elects to     receive this previous State service credit, The Pennsylvania     State University shall make employer contributions equal to the     amount that would have been contributed had employer     contributions been made to the system concurrently with the     rendering of the service, plus valuation interest to the day of     the crediting of the service. Notwithstanding the provisions of     section 5504, the amount due as member contributions and     interest for an employee who is employed by the Applied Research     Laboratory on June 3, 1984, who elects to purchase this credit     with the State Employees' Retirement System shall not exceed the     amount of contributions and interest certified as having been     made to the pension plan administered by the Applied Research     Laboratory during his employment with the Applied Research     Laboratory. The Pennsylvania State University shall pay as     member contributions the difference between this amount and the     amount otherwise due under sections 5504 and 5506. The     additional contributions paid by The Pennsylvania State     University shall not be considered compensation for purposes of     this part.        (d)  Transfer of certain pension service credit.--            (1)  Any person who was an employee of any county in this        Commonwealth on the personal staff of an appellate court        judge prior to September 9, 1985, and who had that employment        transferred to the Commonwealth pursuant to 42 Pa.C.S. § 3703        (relating to local chamber facilities) shall be a member of        the system for all service rendered as an employee of the        Commonwealth on the personal staff of an appellate court        judge subsequent to the date of the transfer unless        specifically prohibited pursuant to section 5301(c) (relating        to mandatory and optional membership). The employee shall be        entitled to have any prior service credit in that county or        other municipal pension plan or retirement system transferred        to the system and deemed to be State service for all purposes        under this part. However, for those employees who were in        continuous county employment which commenced prior to July        22, 1983, section 5505.1 shall not apply. The transfer of        prior service credit to the system shall occur upon the        transfer, by the member, county or other municipal pension        plan or retirement system, to the system of the amount of        accumulated member contributions, pick-up contributions and        credited interest standing in the employee's county or        municipal pension plan or retirement system account as of the        date that these funds are transferred to the system. In the        event that these funds have been refunded to the member, the        transfer of service credit shall occur when the member        transfers an amount equal to either the refund which the        member received from the county or municipal pension plan or        retirement system or the amount due under section 5504, if        less. In the case of a transfer by the member, the transfer        shall occur by December 31, 1987, in order for the member to        receive credit for the prior service. In the case of a        transfer by the county or other municipal pension plan or        retirement system, the transfer shall also occur by December        31, 1987. If the amount transferred to the system by the        member of a county or municipal pension plan or retirement        system is greater than the amount that would have accumulated        in the member's account if the employee had been a member of        the system, all excess funds shall be returned to the        employee within 90 days of the date on which such funds are        credited to the member's account in the system. Within 60        days of receipt of written notice that an employee has        elected to transfer credits under the provisions of this        subsection, the county or other municipal pension plans or        retirement systems shall be required to transfer to the        system an amount, excluding contributions due under section        5504(a), equal to the liability of the prior service in        accordance with county or other municipal pension plan or        retirement system benefit provisions, multiplied by the ratio        of system actuarial value of assets for active members to the        system actuarial accrued liability for active members. The        Public Employee Retirement Study Commission shall determine        the appropriate amount of employer contributions to be        transferred to the system by the county or other municipal        pension plans or retirement systems.            (2)  If the member died prior to the effective date of        this subsection, the personal representative for the estate        of the member may make any transfer or request that the        county or other municipal pension or retirement system make        any transfer necessary to receive credit for the prior        service authorized in paragraph (1). In order to receive        credit for the prior service, the transfer must be made by        December 31, 1987. If the member dies on or after the        effective date of this subsection and before January 1, 1988,        without making the transfer or requesting the transfer        necessary to receive credit for the prior service authorized        in paragraph (1), the personal representative for the estate        of the member may make any transfer or request that the        county or other municipal pension or retirement system make        any transfer necessary to receive credit for the prior        service. In order to receive credit for the prior service,        the transfer must be made by March 31, 1988. If the member        dies after December 31, 1987, without making the transfer or        requesting the transfer necessary to receive credit for the        prior service authorized in paragraph (1), neither the member        or his estate shall receive credit for the prior service.        (e)  Transfer and purchase of certain pension service credit;     Philadelphia Regional Port Authority.--            (1)  Any employee of the Philadelphia Regional Port        Authority who becomes a State employee, as defined in section        5102 (relating to definitions), shall be eligible to obtain        retirement credit for prior uncredited service with the        Philadelphia Port Corporation, a Pennsylvania not-for-profit        corporation ("predecessor corporation"), provided that the        Commonwealth does not incur any liability for the funding of        the annuities attributable to the prior, uncredited        "predecessor corporation" service, the cost of which shall be        determined according to paragraph (2).            (2)  The employee shall be entitled to have any prior        service in the "predecessor corporation" transferred to the        system and deemed to be State service for all purposes under        this part. However, for those employees who were in        continuous employment which commenced prior to July 22, 1983,        the provisions of section 5505.1 shall not apply. The        transfer of prior service credit to the system shall occur        upon the transfer by the member or the "predecessor        corporation" to the system of the amount of accumulated        member contributions, pick-up contributions and credited        interest standing in the employee's pension plan or        retirement system account as of the date that these funds are        transferred to the system. In the event that these funds have        been refunded to the member, the transfer of service credit        shall occur when the member transfers an amount equal to        either the refund which the member received from the member's        pension plan or retirement system or the amount due under        section 5504, if less. In the case of a transfer by the        member, the transfer shall occur by June 30, 1992, in order        for the member to receive credit for the prior service. In        the case of a transfer by the "predecessor corporation"        pension plan or retirement system, the transfer shall also        occur by June 30, 1992. Notwithstanding the provisions of        section 5504, the Philadelphia Regional Port Authority shall        pay as pick-up contributions the difference between the        amount credited to the member's account and the amount        otherwise due under section 5504. Such additional        contributions paid by the Philadelphia Regional Port        Authority shall not be considered compensation for the        purposes of this part. If the amount transferred to the        system by the member is greater than the amount that would        have accumulated in the member's account if the employee had        been a member of the system, all excess funds shall be        returned to the employee within 90 days of the date on which        such funds are credited to the member's account in the        system. Within 60 days of receipt of written notice that an        employee has elected to transfer credits under the provisions        of this subsection, the pension plan or retirement system in        which the employee was enrolled prior to the creation of the        Philadelphia Regional Port Authority shall be required to        transfer to the system an amount, excluding contributions due        under section 5504(a), equal to the liability of the prior        service multiplied by the ratio of system actuarial value of        assets for active members to the system actuarial accrued        liability for active members so long as the amount to be        transferred is equal to or less than the total employer        contributions made on behalf of the employee. In the event        that the amount required to be transferred is greater than        the total employer contributions made on behalf of the        employee, the total employer contributions made on behalf of        the employee shall be transferred to the system, and the        Philadelphia Regional Port Authority shall be required to        transfer to the system the additional funds needed to satisfy        the requirements of the calculation in this paragraph. If the        amount required to be transferred is less than the total        employer contributions made on behalf of the employee, the        pension plan or retirement system in which the employee was        enrolled prior to the creation of the Philadelphia Regional        Port Authority may retain the amount not needed for transfer.            (3)  If the member dies on or after the effective date of        this subsection and before July 1, 1992, without making the        transfer or requesting the transfer necessary to receive        credit for the prior service authorized in paragraph (2), the        personal representative for the estate of the member may make        any transfer or may request that the Philadelphia Regional        Port Authority make any transfer necessary to receive credit        for the prior service. In order to receive credit for the        prior service, the transfer must be made by September 30,        1992. If the member dies after June 30, 1992, without making        the transfer or without requesting the transfer necessary to        receive credit for the prior service authorized in paragraph        (2), neither the member nor his estate shall receive credit        for the prior service.            (4)  Any person who became employed by the Philadelphia        Regional Port Authority between July 10, 1989, and passage of        this act and who becomes a State employee, as defined in        section 5102, shall be eligible to obtain retirement credit        for service from the date of employment with the Philadelphia        Regional Port Authority, provided that the contributions are        made in accordance with sections 5501, 5504, 5505.1 and 5506.        (f)  Transfer of certain pension service credit; Middle     Atlantic-Great Lakes Organized Crime Law Enforcement Network.--            (1)  An active member who is an employee of the Office of        Attorney General and the Middle Atlantic-Great Lakes        Organized Crime Law Enforcement Network on December 31, 1992,        shall be eligible to obtain State service credit for service        with the New Jersey State Police and the Middle Atlantic-        Great Lakes Organized Crime Law Enforcement Network for the        period December 1, 1988, to July 31, 1991, upon payment of        the required contributions by the member and Office of        Attorney General and the Middle Atlantic-Great Lakes        Organized Crime Law Enforcement Network if the provisions of        this subsection are satisfied.            (2)  The employee shall elect to receive the credit by        filing an application with the board while an active member        no later than 90 days after the enactment of this act.            (3)  Contributions to be paid by an active member for        credit for New Jersey State Police and the Middle Atlantic-        Great Lakes Crime Law Enforcement Network service shall be        sufficient to provide an amount equal to the regular and        additional accumulated deductions which would have been        standing to the credit of the member for such service had        regular and additional member contributions been made to the        board with full coverage as a Class A member during the        period of New Jersey State Police and Middle Atlantic-Great        Lakes Organized Crime Law Enforcement Network service and had        these regular and additional accumulated deductions been        credited with statutory interest up to the date of purchase.        The amount payable shall be certified in each case by the        board in accordance with methods approved by the actuary and        shall be paid in a lump sum within 30 days or, in the case of        an active member, may be amortized with statutory interest        through salary deductions in amounts agreed upon by the        member and the board and shall be credited to the members'        savings account. The amount of members' contributions so        determined by the board shall be the obligation of the member        who requested credit for New Jersey State Police and Middle        Atlantic-Great Lakes Organized Crime Law Enforcement Network        service and in no event shall such amount be an obligation of        the Office of Attorney General and Middle Atlantic-Great        Lakes Organized Crime Law Enforcement Network or the State of        New Jersey Retirement System.            (4)  Contributions to be paid by either the Office of        Attorney General or the Middle Atlantic-Great Lakes Organized        Crime Law Enforcement Network on account of credit for        service as an employee of the New Jersey State Police and the        Middle Atlantic-Great Lakes Organized Crime Law Enforcement        Network during the period of December 1, 1988, through July        31, 1991, shall be equal to the full actuarial cost of the        increased benefit obtained by virtue of the service, reduced        by the member's contribution payable in a lump sum as        calculated under paragraph (3). Contributions paid by the        Office of Attorney General shall be made out of Regional        Information Sharing Systems Program grants and Federal funds        received from the Bureau of Justice Assistance, United States        Department of Justice, and in no event shall the        contributions be the obligation of any other fund of the        Commonwealth. The contributions shall not be considered        compensation for purposes of this part. The full actuarial        cost of the increased benefit attributable to the New Jersey        State Police and the Middle Atlantic-Great Lakes Organized        Crime Law Enforcement Network service shall be the difference        between subparagraphs (i) and (ii) less the member's        contribution:                (i)  the present value of a standard single life            annuity, beginning at the earliest possible            superannuation age, calculated assuming a 6.5% future            salary increase, a 9% interest rate and standard            postretirement mortality, assuming credit for the New            Jersey State Police and the Middle Atlantic-Great Lakes            Organized Crime Law Enforcement Network service to be            purchased; and                (ii)  the present value of a standard single life            annuity, beginning at the earliest possible            superannuation age, calculated assuming a 6.5% future            salary increase, a 9% interest rate, standard            postretirement mortality, excluding credit for the New            Jersey State Police and the Middle Atlantic-Great Lakes            Organized Crime Law Enforcement Network service to be            purchased.            (5)  The earliest possible superannuation age shall be        the age at which the member becomes first eligible for        superannuation retirement assuming continued full-time        service and credit for the amount of service which the member        has elected to purchase or the current attained age of the        member, whichever is later.            (6)  The payment shall be made in lump sum by either the        Office of Attorney General or the Middle Atlantic-Great Lakes        Organized Crime Law Enforcement Network within 90 days of        certification by the board of the required contribution        amount and shall be credited to the State accumulation        account.            (7)  In the event neither the Office of Attorney General        nor the Middle Atlantic-Great Lakes Organized Crime Law        Enforcement Network makes the required contributions within        the specified time, the State service credited shall be        canceled, and any member contributions made pursuant to        paragraph (3) shall be refunded to the member.            (8)  In no event shall New Jersey State Police and Middle        Atlantic-Great Lakes Organized Crime Law Enforcement Network        service be creditable if the member has received, is entitled        to receive, eligible to receive now or in the future or is        receiving retirement benefits for such service or has        retirement credit or has now or acquires in the future        retirement credit under a retirement system administered and        wholly or partially paid for by any other governmental agency        or by any private employer or a retirement program approved        by the employer in accordance with section 5301(a)(12). In        the event that State service credit is granted for New Jersey        State Police and Middle Atlantic-Great Lakes Organized Crime        Law Enforcement Network service and the member subsequently        receives credit for such service that is prohibited by this        paragraph, the State service credited shall be canceled and        any member contributions made pursuant to paragraph (3) shall        be refunded to the member.            (9)  In the event the member is or was an annuitant, any        annuity paid or payable during the period of such service        with the New Jersey State Police and the Middle Atlantic-        Great Lakes Organized Crime Law Enforcement Network shall be        canceled retroactive to the date the member began service        with the New Jersey State Police and Middle Atlantic-Great        Lakes Organized Crime Law Enforcement Network, any such        annuity payments made to the member shall be repaid by the        member, and the provisions of section 5706 (relating to        termination of annuities) shall apply if applicable. The        amount payable shall be certified in each case by the board        and shall be paid in a lump sum within 30 days or, in the        case of an active member, may be amortized with statutory        interest through salary deductions in amounts agreed upon by        the member and the board and shall be credited to the        members' savings account. The amount of annuity repayments so        determined by the board shall be the obligation of the member        who requested credit for New Jersey State Police and Middle        Atlantic-Great Lakes Organized Crime Law Enforcement Network        service, and in no event shall such amount be an obligation        of the Office of Attorney General and the Middle Atlantic-        Great Lakes Organized Crime Law Enforcement Network.            (10)  In no event shall a member be eligible to receive        credit for service to the State of New Jersey or service        credited in the New Jersey Retirement System other than        service rendered to the New Jersey State Police and the        Middle Atlantic-Great Lakes Organized Crime Law Enforcement        Network.        (g)  Credit for employees of Juvenile Court Judges'     Commission.--An employee of the Juvenile Court Judges'     Commission who elects membership in an independent retirement     program approved by the employer under section 5301(f) shall     have all service credited pursuant to section 5302(a) (relating     to credited State service) for State service with the Juvenile     Court Judges' Commission on or after the effective date of the     interagency transfer canceled and thereafter ineligible to be     credited as State service. Additionally, all creditable State     service and nonstate service reinstated or purchased while an     employee of the Juvenile Court Judges' Commission shall be     canceled. Such employees shall be prohibited from receiving     credited service for State service performed while a member of     an alternate retirement system approved by an employer.        (h)  Purchase of certain service credit; Delaware River Joint     Free Bridge Commission.--            (1)  An active member who is an employee of the Delaware        River Joint Toll Bridge Commission on the effective date of        this subsection shall be eligible to obtain State service        credit for the other one-half of the member's service as an        employee of the former Delaware River Joint Free Bridge        Commission after September 1, 1973, and before July 1, 1987,        for which the member has received one-half year of State        service credit for each year of service upon payment of the        required contribution by the member.            (2)  In order to elect the service credit, an active        member shall file an application with the board no later than        three years after the effective date of this subsection.            (3)  The contribution to be paid by a member for the        service credit shall be determined by the board to be equal        to the amount paid as employee contributions to the fund by        the member as an employee of the former Delaware River Joint        Free Bridge Commission during the time period for which        service credit is being purchased together with statutory        interest to date of purchase.            (4)  Upon application for the service credit, the member        shall pay the contribution to the board in a lump sum within        30 days or the contribution may be amortized with statutory        interest through salary deductions over a period not to        exceed three years as agreed upon by the member and the        board.            (5)  In no event shall the service be creditable if the        member has received, is entitled to receive, eligible to        receive now or in the future or is receiving retirement        benefits for such service or has retirement credit or has now        or acquires in the future retirement credit under a        retirement system administered and wholly or partially paid        for by any other governmental agency or by any private        employer or a retirement program approved by the employer in        accordance with section 5301(a)(12). In the event that State        service credit is granted for the service and the member        subsequently receives credit for the service that is        prohibited by this paragraph, the State service credited        shall be canceled and any member contributions and interest        paid by the member under paragraphs (3) and (4) shall be        refunded to the member by the board.     (June 13, 1985, P.L.40, No.19, eff. imd.; July 13, 1987,     P.L.296, No.53, eff. imd.; Aug. 5, 1991, P.L.183, No.23, eff.     imd.; Oct. 5, 1994, P.L.518, No.76, eff. imd.; June 25, 1997,     P.L.369, No.41, eff. imd.; June 22, 1999, P.L.75, No.12, eff.     imd.; May 17, 2001, P.L.26, No.9, eff. July 1, 2001; Apr. 23,     2002, P.L.272, No.38, eff. imd.; Dec. 30, 2002, P.L.2082,     No.234, eff. 60 days)        2002 Amendments.  Act 38 added subsecs. (b)(1.2) and (g) and     Act 234 added subsec. (h).        2001 Amendment.  Act 9 amended subsec. (b).        1997 Amendment.  See section 6 of Act 41 in the appendix to     this title for special provisions relating to limitation of     special vestee status.        1994 Amendment.  Act 76 added subsec. (f).        1991 Amendment.  Act 23 added subsec. (e).        1987 Amendment.  Act 53 added subsec. (d), retroactive to     September 9, 1985.     § 5303.1.  Election to convert county service to State service.        (a)  General rule.--County employees who are transferred to     State employment pursuant to 42 Pa.C.S. § 1905 (relating to     county-level court administrators) may elect to convert their     county service in the retirement system or pension plan in which     they were contributors immediately prior to the transfer to     State employment.        (b)  Time for making election.--The election to convert     county service to State service must be made by filing written     notice with the board within 90 days after the transfer to State     employment. An election to convert service shall be effective     when filed with the board but shall not be effective before the     date of transfer to State employment. An election to convert     county service to State service shall be irrevocable.        (c)  Effect of failure to make election.--Failure to elect to     convert county service to State service within the election     period set forth in subsection (b) shall result in the county     service not being converted to State service. Transferred     employees who do not elect to convert county service to State     service shall not have the opportunity to make a subsequent     conversion election should they later obtain different     employment in the unified judicial system or other State     employment eligible for membership in the system.        (d)  Effect of election.--An election to convert county     service to State service shall convert all county service in the     retirement system or pension plan in which the transferred     employee was a member immediately before the transfer to State     employment, even if not performed as a judicial system employee     of the county. The election shall not convert service in other     retirement systems or pension plans that is not credited in the     county plan from which the member is transferred. Once the     conversion occurs, the converted service shall lose all     attributes and characteristics as county service and shall be     State service as set forth in this part.     (June 22, 1999, P.L.75, No.12, eff. imd.)        1999 Amendment.  Act 12 added section 5303.1. See sections     19, 22(b), 23 and 25 of Act 12 in the appendix to this title for     special provisions relating to required membership in State     Employees' Retirement System, contributions left in county     retirement system, cancellation of previously credited county     service and determination of final average salary.        Cross References.  Section 5303.1 is referred to in sections     5102, 5302, 5303, 5306, 5507, 5906, 5907, 5953.5 of this title.     § 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.     § 5304.  Creditable nonstate service.        (a)  Eligibility.--An active member or a multiple service     member who is a school employee and an active member of the     Public School Employees' Retirement System shall be eligible for     Class A service credit for creditable nonstate service as set     forth in subsections (b) and (c) except that intervening     military service shall be credited in the class of service for     which the member was eligible at the time of entering into     military service and for which he makes the required     contributions and except that a multiple service member who is a     school employee and an active member of the Public School     Employees' Retirement System shall not be eligible to purchase     service credit for creditable nonstate service set forth in     subsection (c)(5).        (a.1)  Additional eligibility upon transferring nonschool     service.--A State employee who converts nonschool service from     the Public School Employees' Retirement System to the system     pursuant to section 5303.2 (relating to election to convert     school service to State service) shall receive one year or     fractional part of a year of nonstate service credit for each     year or fractional part of a year, as the case may be, of     nonschool service credited in the Public School Employees'     Retirement System, provided, however, that no more than one year     of State and nonstate service of all classes will be credited     for any one calendar year. Converted nonschool service shall be     credited as Class A as set forth in section 5306(d) (relating to     classes of service).        (b)  Limitations on eligibility.--An active member or a     multiple service member who is a school employee and an active     member of the Public School Employees' Retirement System shall     be eligible to receive credit for nonstate service provided that     he does not have credit for such service in the system or in the     school system and is not entitled to receive, eligible to     receive now or in the future, or is receiving retirement     benefits for such service in the system or under a retirement     system administered and wholly or partially paid for by any     other governmental agency or by any private employer, or a     retirement program approved by the employer in accordance with     section 5301(a)(12) (relating to mandatory and optional     membership), and further provided, that such service is     certified by the previous employer and contributions are agreed     upon and made in accordance with section 5505 (relating to     contributions for the purchase of credit for creditable nonstate     service).        (c)  Limitations on nonstate service.--Creditable nonstate     service credit shall be limited to:            (1)  intervening military service;            (2)  military service other than intervening military        service and military service purchasable under section        5302(d) (relating to credited State service) not exceeding        five years, provided that a member with multiple service may        not purchase more than a total of five years of military        service in both the system and the Public School Employees'        Retirement System;            (3)  in the case of an academic administrator, teacher or        instructor employed in the Department of Education, the State        System of Higher Education, any State-owned educational        institution or The Pennsylvania State University, provided        that the total amount of service creditable under this        paragraph shall not exceed the lesser of ten years or the        number of years of active membership in the system as an        academic administrator, teacher or instructor in the        Department of Education, State System of Higher Education,        any State-owned educational institution or The Pennsylvania        State University:                (i)  nonstudent service as an academic administrator,            teacher or instructor in any public school or public            educational institution in any state other than this            Commonwealth; or                (ii)  nonstudent service as an academic            administrator, teacher or instructor in the field of            education for any agency or department of the Federal            Government, whether or not such area was under the            jurisdiction of the United States;            (4)  previous service with a governmental agency other        than the Commonwealth which employment with said agency was        terminated because of the transfer by statute of the        administration of such service or of the entire agency to the        Commonwealth;            (5)  service as a temporary Federal employee assigned to        an air quality control complement for the Pennsylvania        Department of Environmental Resources at any time during the        period of 1970 through 1975. This service time may be        purchased only if the member makes an election to purchase        within one year of the effective date of this paragraph, and        the member shall pay an amount which is equal to the full        actuarial cost of the increased benefit obtained by virtue of        the purchase as provided in section 5505(f);            (6)  service in the Cadet Nurse Corps with respect to any        period of training as a student or graduate nurse under a        plan approved under section 2 of the act of June 15, 1943        (Public Law 78-73, 57 Stat. 153), if the total period of        training under such plan was at least two years, the credit        for such service not to exceed three years;            (7)  service prior to July 1, 1971, at a community        college established under the act of August 24, 1963        (P.L.1132, No.484), known as the Community College Act of        1963; or            (8)  service as a justice of the peace prior to January        1970.        (c.1)  Nonstate service exception.--Notwithstanding the     limitations on eligibility enumerated in subsection (c)(3), any     person who was an officer or employee in the Office of the     Chancellor of the State System of Higher Education at any time     between July 1, 1983, and August 4, 1991, inclusive, and was an     active member during that period or has continued as an active     member without interruption of service since August 4, 1991,     shall be eligible to purchase creditable nonstate service under     this section, subject to the same terms, conditions and     limitations, including the calculation of the amount and method     of paying for the purchase, as was enjoyed by officers and     employees of the Department of Education between July 1, 1983,     and August 4, 1991. Service rendered in the Chancellor's Office     for purposes of the purchase of creditable nonstate service     under this subsection shall be deemed to be service as an     officer or employee in the Department of Education.        (d)  Limitation on years of credit.--In no case shall the     total credit for nonstate service other than that listed in     subsection (c)(1), (4) and (5) exceed the number of years of     State service credited in the system, plus, in the case of a     multiple service member, any additional years of school service     credited in the Public School Employees' Retirement System.        (e)  Purchase of nonintervening military service.--     (Repealed).        (f)  Temporary expansion of intervening military service.--            (1)  For active military service rendered between August        2, 1990, and the effective date of this a