2010 Pennsylvania Code
Title 24 - EDUCATION
Chapter 83 - Membership, Contributions and Benefits
8304 - Creditable nonschool service.

     § 8304.  Creditable nonschool service.
        (a)  Eligibility.--An active member or a multiple service
     member who is an active member of the State Employees'
     Retirement System shall be eligible to receive Class T-C service
     credit for creditable nonschool service and Class T-D service
     for intervening military service, provided the member becomes a
     Class T-D member pursuant to section 8305.1 (relating to
     election to become a Class T-D member) or 8305 (relating to
     classes of service), as set forth in subsection (b) provided
     that he is not entitled to receive, eligible to receive now or
     in the future, or is receiving retirement benefits for such
     service 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 8301(a)(1) (relating to
     mandatory and optional membership), and further provided that
     such service is certified by the previous employer and the
     manner of payment of the amount due is agreed upon by the
     member, the employer, and the board.
        (b)  Limitations on nonschool service.--Creditable nonschool
     service credit shall be limited to:
            (1)  Intervening military service.
            (2)  Military service other than intervening military
        service and activated military 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 State Employees' Retirement
        System.
            (3)  Service in any public school or public educational
        institution in any state other than this Commonwealth or in
        any territory or area under the jurisdiction of the United
        States. This paragraph includes service, prior to July 1,
        1965, 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.
            (4)  Service as an administrator, teacher, or instructor
        in the field of public school education for any agency or
        department of the government of the United States whether or
        not such area was under the jurisdiction of the United
        States.
            (5)  Previous service as an employee of a county board of
        school directors which employment was terminated because of
        the transfer of the administration of such service or of the
        entire agency to a governmental entity.
            (6)  Previous service as a county employee as a nurse.
        For every three years or major fraction thereof in previous
        work experience, an individual may buy one year of creditable
        service, not to exceed a total of five years. The purchase of
        this service shall begin within three years of the employee's
        eligibility to purchase this creditable service.
            (7)  (i)  Service for the period of time spent on a
            maternity leave of absence required by the employer,
            which creditable service shall not exceed two years per
            leave and shall be applicable only to a maternity leave
            which was mandatory prior to May 17, 1975. The purchase
            of this service shall begin within one year of the
            employee's eligibility to purchase the creditable service
            under this subparagraph as originally enacted by the act
            of August 5, 1991 (P.L.183, No.23), entitled "An act
            amending Titles 24 (Education) and 71 (State Government)
            of the Pennsylvania Consolidated Statutes, further
            providing for the Public School Employees' Retirement
            System and the State Employees' Retirement System; adding
            and amending certain definitions; further providing for
            membership in the systems, for creditable nonschool and
            nonstate service and the purchase of credit, for
            incentives for special early retirement, for
            contributions to the retirement funds, for annuities and
            the rights and duties of annuitants, for health insurance
            premium assistance, for board membership and for the re-
            amortization and management of the retirement funds."
                (ii)  Service for the period of time spent on a
            maternity leave of absence required by the employer,
            which creditable service shall not exceed two years per
            leave and shall be applicable only to a maternity leave
            that was mandatory and began after May 16, 1975, and
            prior to November 1, 1978. The purchase of this service
            shall begin within one year of the employee's eligibility
            to purchase the creditable service under this
            subparagraph.
            (8)  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 the plan was at least two years, the credit
        for such service not to exceed three years.
        (c)  Limitations on years of credit.--Service listed in
     subsection (b)(3) and (4) must have been for a period of at
     least one school year and credit for such service shall be
     limited to the lesser of 12 years or the number of years of
     school service credited in the system. In no case shall the
     total credit for nonschool service other than that listed in
     subsection (b)(5) exceed the number of years of school service
     credited in the system, plus, in the case of a multiple service
     member, any additional years of State service credited in the
     State Employees' Retirement System.
     (Dec. 19, 1984, P.L.1191, No.226, eff. 60 days; Oct. 21, 1988,
     P.L.844, No.112, eff. Jan. 1, 1989; Aug. 5, 1991, P.L.183,
     No.23; June 18, 1998, P.L.685, No.88, eff. imd.; May 17, 2001,
     P.L.26, No.9, eff. July 1, 2001; Apr. 23, 2002, P.L.272, No.38,
     eff. imd.)

        2002 Amendment.  Act 38 amended subsec. (a).
        1998 Amendment.  Act 88 amended subsec. (b)(7).
        1991 Amendment.  Act 23 amended subsec. (b), effective in 90
     days as to par. (7) and immediately as to the remainder of the
     subsection. See section 31 of Act 23 in the appendix to this
     title for special provisions relating to limitations on
     creditable nonschool service in Cadet Nurse Corps.
        Cross References.  Section 8304 is referred to in sections
     8324, 8348.4 of this title.