2010 Pennsylvania Code
Title 24 - EDUCATION
Chapter 83 - Membership, Contributions and Benefits
8344 - Disability annuities.

     § 8344.  Disability annuities.
        (a)  Amount of annuity.--A member who has made application
     for a disability annuity as provided in section 8507(k)
     (relating to rights and duties of school employees and members)
     and has been found to be eligible in accordance with the
     provisions of sections 8307(c) (relating to eligibility for
     annuities) and 8505(c)(1) (relating to duties of board regarding
     applications and elections of members) shall receive a
     disability annuity payable from the effective date of disability
     and continued until a subsequent determination by the board that
     the annuitant is no longer entitled to a disability annuity. The
     disability annuity shall be equal to a standard single life
     annuity if the total number of years of credited service is
     greater than 16.667, otherwise the standard single life annuity
     shall be multiplied by the lesser of the following ratios:
                             Y*/Y or 16.667/Y
     where Y = number of years of credited service and Y* = total
     years of credited service if the member were to continue as a
     school employee until attaining superannuation age, or if the
     member has attained superannuation age then the number of years
     of credited service. In no event shall the disability annuity
     plus any cost-of-living increases be less than $100 for each
     full year of credited service. The member shall be entitled to
     the election of a joint and survivor annuity on that portion of
     the disability annuity to which he is entitled under section
     8342 (relating to maximum single life annuity).
        (b)  Reduction on account of earned income.--Payments on
     account of disability shall be reduced by that amount by which
     the earned income of the annuitant, as reported in accordance
     with section 8508(b) (relating to rights and duties of
     annuitants) for the preceding year together with the disability
     annuity payments for the year, exceeds the greater of $5,000 or
     the last year's salary of the annuitant as a school employee,
     provided that the annuitant shall not receive less than his
     member's annuity or the amount to which he may be entitled under
     section 8342, whichever is greater.
        (c)  Termination and modification of payments.--Payment of
     that portion of the disability annuity in excess of the annuity
     to which the annuitant was entitled on the effective date of
     disability calculated in accordance with section 8342 shall
     cease if the annuitant is no longer eligible under the
     provisions of section 8505(c)(2) or section 8508(b) or (c) and
     if such annuitant on the date of termination of service was
     eligible for an annuity, he may file an application with the
     board for an election of an optional modification of the annuity
     to which he was entitled in accordance with section 8342.
        (d)  Withdrawal of accumulated deductions.--Upon termination
     of disability annuity payments in excess of an annuity
     calculated in accordance with section 8342, a disability
     annuitant who does not return to school service may file an
     application with the board for an amount equal to the
     accumulated deductions standing to his credit at the effective
     date of disability less the total payments received on account
     of his member's annuity.
        (e)  Limitation regarding annual benefit under IRC §
     415(b).--Notwithstanding any provision of this part to the
     contrary, no benefit shall be payable to the extent that such
     benefit exceeds any limitation under IRC § 415(b) in effect with
     respect to governmental plans, as such term is defined in IRC §
     414(d), on the date the benefit payment becomes effective.
     (Apr. 29, 1994, P.L.159, No.29, eff. 60 days; May 17, 2001,
     P.L.26, No.9, eff. imd.)

        2001 Amendment.  Act 9 added subsec. (e).
        1994 Amendment.  Act 29 amended subsec. (a).
        Cross References.  Section 8344 is referred to in section
     8505 of this title.