2010 Pennsylvania Code
Title 24 - EDUCATION
Chapter 83 - Membership, Contributions and Benefits
8348.4 - Special supplemental postretirement adjustment.

     § 8348.4.  Special supplemental postretirement adjustment.
        (a)  Eligibility.--An annuitant who:
            (1)  retired after October 1, 1975, and before January 1,
        1985;
            (2)  has military service as set forth in section
        8304(b)(1) or (2) (relating to creditable nonschool service);
            (3)  is receiving or will receive retirement pay under 10
        U.S.C. Ch. 67 (relating to retired pay for nonregular
        service) for this military service; and
            (4)  has not purchased nonschool service credit for this
        military service;
     shall be eligible for this special supplemental postretirement
     adjustment.
        (b)  Calculation of adjustment.--The monthly amount of this
     special supplemental postretirement adjustment shall be equal to
     the final average salary multiplied by 2% multiplied by the
     years of this military service divided by 12 multiplied by any
     applicable early retirement or option factors.
        (c)  Adjustment paid.--Upon receipt of a timely request by an
     eligible annuitant, the system shall pay this special
     supplemental postretirement adjustment monthly from the
     effective date of this section.
        (d)  Adjustment enacted after death of annuitant.--No special
     supplemental postretirement adjustment enacted after the death
     of an annuitant shall be payable to the beneficiary or survivor
     annuitant of the deceased annuitant.
        (e)  Future supplemental annuities.--This special
     supplemental postretirement adjustment shall be included in the
     total annuity, and this military service shall be included in
     the total credited service in determining all future
     supplemental annuities.
        (f)  Time limitations.--An annuitant who is eligible for this
     special supplemental postretirement adjustment shall have two
     years from the effective date of this section within which to
     make a request to the system for the adjustment established in
     this section.
        (g)  Court-ordered purchase of nonschool service.--If a court
     of competent jurisdiction rules that an annuitant who is
     receiving or will receive retirement pay under 10 U.S.C. Ch. 67
     for this military service is eligible under section 8304(b)(1)
     or (2) to purchase nonschool service credit for this military
     service, this special supplemental postretirement adjustment
     shall stop with the annuitant's purchase of nonschool service
     credit for this military service, and the total amount of this
     special supplemental postretirement paid to the annuitant from
     the effective date of this section shall be subtracted from any
     increase in the annuity caused by the court-ordered purchase of
     nonschool service credit for this military service.
     (Dec. 18, 1996, P.L.1115, No.167, eff. imd.)

        1996 Amendment.  Act 167 added section 8348.4. Section 3 of
     Act 167 provided that Act 167 shall be retroactive to January 1,
     1974, only for the purpose of determining eligibility to receive
     special supplemental postretirement adjustments, and section 4
     of Act 167 provided that no payments under section 8348.4 shall
     be made to any eligible annuitant for any period of time prior
     to the effective date of Act 167.
        Cross References.  Section 8348.4 is referred to in sections
     8328, 8348.5, 8348.6, 8348.7, 8525 of this title.