2010 Pennsylvania Code
Title 24 - EDUCATION
Chapter 85 - Administration and Miscellaneous Provisions
8501 - Public School Employees' Retirement Board.

                                CHAPTER 85
               ADMINISTRATION AND MISCELLANEOUS PROVISIONS

     Subchapter
        A.  Administration
        B.  Retirement Fund and Accounts
        C.  Miscellaneous Provisions

        Enactment.  Chapter 85 was added October 2, 1975, P.L.298,
     No.96, effective immediately.

                               SUBCHAPTER A
                              ADMINISTRATION

     Sec.
     8501.  Public School Employees' Retirement Board.
     8502.  Administrative duties of board.
     8502.1. Health insurance (Deleted by amendment).
     8502.2. Health insurance.
     8503.  Duties of board to advise and report to employers and
            members.
     8504.  Duties of board to report to State Employees'
            Retirement Board.
     8505.  Duties of board regarding applications and elections of
            members.
     8505.1. Installment payments of accumulated deductions.
     8506.  Duties of employers.
     8507.  Rights and duties of school employees and members.
     8508.  Rights and duties of annuitants.
     8509.  Health insurance premium assistance program.
     § 8501.  Public School Employees' Retirement Board.
        (a)  Status and membership.--The board shall be an
     independent administrative board and shall consist of 15
     members: the Secretary of Education, ex officio; the State
     Treasurer, ex officio; two Senators; two members of the House of
     Representatives; the executive secretary of the Pennsylvania
     School Boards Association, ex officio; two to be appointed by
     the Governor, at least one of whom shall not be a school
     employee or an officer or employee of the State; three to be
     elected by the active professional members of the system from
     among their number; one to be elected by annuitants from among
     their number; one to be elected by the active nonprofessional
     members of the system from among their number; and one to be
     elected by members of Pennsylvania public school boards from
     among their number. The appointments made by the Governor shall
     be confirmed by the Senate and each election shall be conducted
     in a manner approved by the board. The terms of the appointed
     and nonlegislative elected members shall be three years. The
     members from the Senate shall be appointed by the President pro
     tempore of the Senate and shall consist of one member from the
     majority and one member from the minority. The members from the
     House of Representatives shall be appointed by the Speaker of
     the House of Representatives and shall consist of one member
     from the majority and one member from the minority. The
     legislative members shall serve on the board for the duration of
     their legislative terms and shall continue to serve until 30
     days after the convening of the next regular session of the
     General Assembly after the expiration of their respective
     legislative terms or until a successor is appointed for the new
     term, whichever occurs first. The chairman of the board shall be
     elected by the board members. Each ex officio member of the
     board and each legislative member of the board may appoint a
     duly authorized designee to act in his stead.
        (b)  Vacancies.--A vacancy occurring during the term of any
     member shall be filled for the unexpired term by a successor
     appointed or elected as the case may be in the same manner as
     his predecessor.
        (c)  Oath of office.--Each member of the board shall take an
     oath of office that he will, so far as it devolves upon him,
     diligently and honestly administer the affairs of said board and
     that he will not knowingly violate or willfully permit to be
     violated any of the provisions of law applicable to this part.
     Such oath shall be subscribed by the member making it and
     certified by the officer before whom it is taken and shall be
     immediately filed in the office of the Secretary of the
     Commonwealth.
        (d)  Compensation and expenses.--The members of the board who
     are members of the system shall serve without compensation.
     Members of the board who are members of the system and who are
     employed by a governmental entity shall not suffer loss of
     salary or wages through serving on the board. The board, on
     request of the employer of any member of the board who is an
     active professional or nonprofessional member of the system, may
     reimburse such employer for the salary or wages of the member,
     or for the cost of employing a substitute for such member, while
     the member is necessarily absent from employment to execute the
     duties of the board. The members of the board who are not
     members of either the school system or the State Employees'
     Retirement System may be paid $100 per day when attending
     meetings and all board members shall be reimbursed for any
     necessary expenses. However, when the duties of the board as
     mandated are not executed, no compensation or reimbursement for
     expenses of board members shall be paid or payable during the
     period in which such duties are not executed.
        (e)  Corporate power and legal advisor.--For the purposes of
     this part, the board shall possess the power and privileges of a
     corporation. The Attorney General of the Commonwealth shall be
     the legal advisor of the board.
     (June 25, 1982, P.L.647, No.183, eff. 60 days; Oct. 21, 1988,
     P.L.844, No.112, eff. imd.; Aug. 5, 1991, P.L.183, No.23, eff.
     imd.; May 17, 2001, P.L.26, No.9, eff. imd.)

        2001 Amendment.  Act 9 amended subsecs. (a) and (b).
        1988 Amendment.  Act 112 amended subsec. (d).
        Transfer of Functions.  The powers and duties of the Attorney
     General and the Department of Justice contained in section
     8501(e) were transferred to the Office of General Counsel by
     section 502 of the act of October 15, 1980 (P.L.950, No.164),
     known as the Commonwealth Attorneys Act, effective January 20,
     1981.