2010 Pennsylvania Code
Title 24 - EDUCATION
Chapter 83 - Membership, Contributions and Benefits
8301 - Mandatory and optional membership.

                                CHAPTER 83
                  MEMBERSHIP, CONTRIBUTIONS AND BENEFITS

     Subchapter
        A.  General Provisions
        B.  Contributions
        C.  Benefits

        Enactment.  Chapter 83 was added October 2, 1975, P.L.298,
     No.96, effective immediately.
        Cross References.  Chapter 83 is referred to in sections
     8522, 8523, 8524 of this title.

                               SUBCHAPTER A
                            GENERAL PROVISIONS

     Sec.
     8301.  Mandatory and optional membership.
     8302.  Credited school service.
     8303.  Eligibility points for retention and reinstatement of
            service credits.
     8303.1. Waiver of adjustments.
     8304.  Creditable nonschool service.
     8305.  Classes of service.
     8305.1. Election to become a Class T-D member.
     8306.  Eligibility points.
     8307.  Eligibility for annuities.
     8308.  Eligibility for vesting.
     8309.  Eligibility for death benefits.
     8310.  Eligibility for refunds.
     8311.  Eligibility for early retirement.
     8312.  Eligibility for special early retirement.
     8313.  Eligibility for limited early retirement.
     § 8301.  Mandatory and optional membership.
        (a)  Mandatory membership.--Membership in the system shall be
     mandatory as of the effective date of employment for all school
     employees except the following:
            (1)  Any officer or employee of the Department of
        Education, State-owned educational institutions, community
        colleges, area vocational-technical schools, technical
        institutes, or the Pennsylvania State University and who is a
        member of the State Employees' Retirement System or a member
        of another retirement program approved by the employer.
            (2)  Any school employee who is employed on a per diem or
        hourly basis for less than 80 full-day sessions or 500 hours
        in any fiscal year or annuitant who returns to school service
        under the provisions of section 8346(b) (relating to
        termination of annuities).
            (3)  Any officer or employee of a governmental entity who
        subsequent to December 22, 1965 and prior to July 1, 1975
        administers, supervises, or teaches classes financed wholly
        or in part by the Federal Government so long as he continues
        in such service.
            (4)  Any part-time school employee who has an individual
        retirement account pursuant to the Federal act of September
        2, 1974 (Public Law 93-406, 88 Stat. 829), known as the
        Employee Retirement Income Security Act of 1974.
        (b)  Prohibited membership.--The school employees categorized
     in subsection (a)(1) and (2) shall not have the right to elect
     membership in the system.
        (c)  Optional membership.--The school employees categorized
     in subsection (a)(3) and, if otherwise eligible, subsection
     (a)(4) shall have the right to elect membership in the system.
     Once such election is exercised, membership shall commence from
     the original date of eligibility and shall continue until the
     termination of such service.
     (July 9, 1976, P.L.965, No.189, eff. imd.; Aug. 5, 1991,
     P.L.183, No.23, eff. imd.)

        1991 Amendment.  Act 23 amended subsec. (a).
        Part-Time Employees.  See section 4(4) of Act 96 of 1975 in
     the appendix to this title for the effective date of provisions
     relating to membership of part-time employees.
        Cross References.  Section 8301 is referred to in section
     8304 of this title; section 5303.2 of Title 71 (State
     Government).