2010 Pennsylvania Code
Title 24 - EDUCATION
Chapter 83 - Membership, Contributions and Benefits
8302 - Credited school service.

     § 8302.  Credited school service.
        (a)  Computation of credited service.--In computing credited
     school service of a member for the determination of benefits, a
     full-time salaried school employee shall receive one year of
     credit for each school year or the corresponding fraction
     thereof, in accordance with the proportion of the full school
     year for which the required regular member contributions have
     been made, or for which such contributions otherwise required
     for such service were not made solely by reason of any provision
     of this part relating to the limitations under IRC § 401(a)(17)
     or 415(b). A per diem or hourly school employee shall receive
     one year of credited service for each nonoverlapping period of
     12 consecutive months in which he is employed and for which
     contributions are made, or would have been made but for such
     limitations under the IRC, for at least 180 full-day sessions or
     1,100 hours of employment. If such member was employed and
     contributions were made for less than 180 full-day sessions or
     1,100 hours, he shall be credited with a fractional portion of a
     year determined by the ratio of the number of full-day sessions
     or hours of service actually rendered to 180 full-day sessions
     or 1,100 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 service actually rendered in
     relation to the service required as a comparable full-time
     salaried employee. In no case shall a member receive more than
     one year of credited service for any 12 consecutive months or 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)  Approved leaves of absence.--An active member shall
     receive credit for an approved leave of absence provided that:
            (1)  the member returns for a period at least equal to
        the length of the leave or one year, whichever is less, to
        the school district which granted his leave, unless such
        condition is waived by the employer; and
            (2)  the proper contributions are made by the member and
        the employer.
        (b.1)  Optional credit for leave of absence for activated
     military service.--
            (1)  Notwithstanding any other provision of this part to
        the contrary, a member who is granted leave of absence for
        activated military service shall be entitled to exercise any
        one of the following options in regard thereto:
                (i)  He may continue to make payments into the fund
            as provided for in this part during the period of his
            leave of absence for activated military service.
                (ii)  He may discontinue making payments into the
            fund during the period of his leave of absence for
            activated military service. In such event, the employer
            shall continue to make its contributions during this
            period. The employee's retirement rights shall be
            determined by completely disregarding the period of his
            leave of absence for activated military leave for all
            purposes.
            (2)  Any member desiring to exercise option (i) in
        paragraph (1) shall file in writing with the board such an
        election within 60 days after the commencement of his leave
        of absence for activated military service or within 60 days
        after the effective date of this subsection, whichever shall
        later occur. Any member who does not exercise option (i) in
        this manner will be deemed to have exercised option (ii).
            (3)  Any member who has exercised option (ii) in
        paragraph (1), but who, upon the expiration of his leave of
        absence for activated military service, returns to his
        employment and desires to receive the benefits of option (i),
        shall have the right to receive such benefits if he shall
        comply with the following requirements:
                (i)  He shall, within one year after he returns to
            his employment, give written notice to the board of his
            desire to receive the benefits of option (i).
                (ii)  He shall pay into the fund an amount equal to
            the total payments he would have made had he exercised
            option (i), plus statutory interest that would have been
            credited to his members' savings account, had such
            contributions been credited with statutory interest
            during the period the contributions would have been made
            and during all periods of subsequent school and State
            service up to the date of payment. Upon certification of
            the amount due, payment may be made in a lump sum within
            90 days or, in the case of an active member, it may be
            amortized with statutory interest through salary
            deductions or by personal checks in amounts agreed upon
            by the member and board.
        (b.2)  Credited service as retirement incentive.--
     Notwithstanding any provisions of this title to the contrary,
     for the period of May 15, 1992, to August 31, 1993, a member who
     is not an annuitant on May 15, 1992, who terminates school
     service between May 15, 1992, and August 31, 1993, inclusive,
     who will be 55 years of age or older on August 31, 1993, with
     ten or more eligibility points, who files an application for
     retirement before September 1, 1993, and who declares his intent
     to retire prior to April 1, 1993, shall be credited with an
     additional 10% of their credited service.
        (c)  Cancellation of credited service.--All credited service
     shall be cancelled if a member withdraws his accumulated
     deductions.
     (July 22, 1983, P.L.104, No.31, eff. imd.; Dec. 19, 1984,
     P.L.1191, No.226, eff. imd.; Aug. 5, 1991, P.L.183, No.23, eff.
     imd.; Dec. 22, 1992, P.L.1686, No.186, eff. imd.; Apr. 29, 1994,
     P.L.159, No.29, eff. 60 days; Dec. 20, 1995, P.L.689, No.77,
     eff. July 1, 1996; May 17, 2001, P.L.26, No.9, eff. imd.)

        2001 Amendment.  Act 9 amended subsec. (a).
        1994 Amendment.  Act 29 amended subsec. (b.2).
        Cross References.  Section 8302 is referred to in sections
     8327, 8346, 8348.3 of this title.