2010 Pennsylvania Code
Title 24 - EDUCATION
Chapter 85 - Administration and Miscellaneous Provisions
8507 - Rights and duties of school employees and members.

     § 8507.  Rights and duties of school employees and members.
        (a)  Information on new employees.--Upon his assumption of
     duties, each new school employee shall furnish his employer with
     a complete record of his previous school or State service, or
     creditable nonschool service, proof of his date of birth, his
     home address, his current status in the system and in the State
     Employees' Retirement System and such other information as the
     board may require. Willful failure to provide the information
     required by this subsection to the extent available or the
     provision of erroneous information upon entrance into the system
     shall result in the forfeiture of the right of the member to
     subsequently assert any right to benefits based on erroneous
     information or on any of the required information which he
     failed to provide. In any case in which the board finds that a
     member is receiving an annuity based on false information, the
     additional amounts received predicated on such false information
     together with statutory interest doubled and compounded shall be
     deducted from the present value of any remaining benefits to
     which the member is legally entitled and such remaining benefits
     shall be correspondingly decreased.
        (b)  Application for membership.--A new employee who is not
     currently a member of the system and whose membership is
     mandatory or a new employee whose membership in the system is
     not mandatory but who desires to become a member of the system
     shall execute an application for membership and a nomination of
     beneficiary.
        (c)  Multiple service membership.--Any active member who was
     formerly an active member in the State Employees' Retirement
     System may elect to become a multiple service member. Such
     election shall occur no later than 365 days after becoming an
     active member in this system.
        (d)  Credit for previous service or change in membership
     status.--Any active member or multiple service member who is a
     State employee who desires to receive credit for his previous
     school service or creditable nonschool service to which he is
     entitled, or a member of Class T-A or Class T-B who desires to
     become a member of Class T-C, or a joint coverage member who
     desires to become a full coverage member shall so notify the
     board. Upon written agreement by the member and the board as to
     the manner of payment of the amount due, the member shall
     receive credit for such service as of the date of such agreement
     subject to the provisions of section 8325 (relating to
     incomplete payments).
        (e)  Beneficiary for death benefits.--Every member shall
     nominate a beneficiary by written designation filed with the
     board to receive the death benefit or the benefit payable under
     the provisions of Option 1. Such nomination may be changed at
     any time by the member by written designation filed with the
     board. A member may also nominate a contingent beneficiary or
     beneficiaries to receive the death benefit or the benefit
     payable under the provisions of Option 1.
        (f)  Termination of service.--Each member who terminates
     school service and who is not then a disability annuitant shall
     execute on or before the date of termination of service a
     written application, duly attested by the member or his legally
     constituted representative, electing to do one of the following:
            (1)  Withdraw his accumulated deductions.
            (2)  Vest his retirement rights and if he is a joint
        coverage member, and so desires, elect to become a full
        coverage member and agree to pay within 30 days of the date
        of termination of service the lump sum required.
            (3)  Receive an immediate annuity, and may, if he is a
        joint coverage member, elect to become a full coverage member
        and agree to pay within 30 days of date of termination of
        service the lump sum required.
        (g)  Vesting of retirement rights.--If a member elects to
     vest his retirement rights, he shall nominate a beneficiary by
     written designation filed with the board and he may anytime
     thereafter withdraw the accumulated deductions standing to his
     credit or, if he has five or more eligibility points, apply for
     an annuity.
        (h)  Vestees attaining superannuation age.--Upon attainment
     of superannuation age a vestee shall execute and file within 90
     days an application for an annuity. Any application filed after
     such 90 day period shall be effective as of the date it is filed
     with the board, subject to the provisions of section 8505(g)
     (relating to duties of board regarding applications and
     elections of members). If a vestee does not file an application
     within seven years after attaining superannuation age, he shall
     be deemed to have elected to receive his accumulated deductions
     upon attainment of superannuation age.
        (i)  Failure to apply for annuity.--If a member is eligible
     to receive an annuity and does not file a proper application
     within 90 days of termination of service, he shall be deemed to
     have elected to vest, and his annuity will become effective as
     of the date an application is filed with the board or the date
     designated on the application whichever is later.
        (j)  Nomination of beneficiary or survivor annuitant.--A
     member who is eligible and elects to receive a reduced annuity
     under Option 1, 2, 3, or 4, shall nominate a beneficiary or a
     survivor annuitant, as the case may be, by written designation
     filed with the board at the time of his retirement. A member who
     has elected Option 1, may change his designated beneficiary at
     any time. A member having designated a survivor annuitant at
     time of retirement shall not be permitted to nominate a new
     survivor annuitant unless such survivor annuitant predeceases
     him or unless the member is awarded a divorce or becomes married
     subsequent to the election of the option. In such cases, the
     annuitant shall have the right to reelect an option and to
     nominate a beneficiary or a new survivor annuitant and to have
     his annuity recomputed to be actuarially equivalent as of the
     date of recomputation to the annuity in effect immediately prior
     to the recomputation. In no other case shall a benefit plan be
     changed by an annuitant.
        (k)  Disability annuities.--If service of a member is
     terminated due to his physical or mental incapacity for the
     performance of duty, in lieu of an application and election
     under subsection (f), an application for a disability annuity
     may be executed by him or by a person legally authorized to act
     on his behalf.
     (July 22, 1983, P.L.104, No.31, eff. imd.; Dec. 19, 1984,
     P.L.1191, No.226, eff. imd.; Apr. 29, 1994, P.L.159, No.29, eff.
     60 days; May 17, 2001, P.L.26, No.9, eff. July 1, 2001)

        2001 Amendment.  Act 9 amended subsecs. (c) and (g). See
     sections 29 and 36.1 of Act 9 in the appendix to this title for
     special provisions relating to election of multiple service
     membership in Public School Employees' Retirement System and
     applicability of amendment to Public School Employees'
     Retirement System members.
        1994 Amendment.  Act 29 amended subsecs. (f), (h) and (k).
        1984 Amendment.  Act 226 reenacted subsec. (b), retroactive
     to January 1, 1983.
        Cross References.  Section 8507 is referred to in sections
     8342, 8344 of this title.