2010 Pennsylvania Code
Title 24 - EDUCATION
Chapter 91 - Miscellaneous Provisions
9101 - Status of program relative to Public School Employees' Retirement Code.

                                CHAPTER 91
                         MISCELLANEOUS PROVISIONS

     Sec.
     9101.  Status of program relative to Public School Employees'
            Retirement Code.
     9102.  Construction of part.

        Enactment.  Chapter 91 was added May 17, 2001, P.L.26, No.9,
     effective immediately.
     § 9101.  Status of program relative to Public School Employees'
                Retirement Code.
        (a)  General rule.--The program shall be an approved health
     insurance program for purposes of section 8505(i) (relating to
     duties of board regarding applications and elections of members)
     and shall be an approved insurance carrier for purposes of
     section 8509 (relating to health insurance premium assistance
     program).
        (b)  State guarantee.--The program shall not be subject to
     the provisions of section 8531 (relating to State guarantee).
        (c)  Hold harmless.--Neither the Commonwealth nor the board,
     including their respective officers, directors and employees,
     shall be liable for any claims, demands, actions or liability of
     any nature, including, but not limited to, attorney fees and
     court costs, based upon or arising out of the operation of the
     program, whether incurred directly or indirectly. The eligible
     participants who enroll and participate in the program shall be
     deemed to agree, on behalf of themselves and their heirs,
     successors and assigns, to hold harmless the Commonwealth and
     the board, including their respective officers, directors and
     employees, from any claims, demands, actions or liability of any
     nature, whether directly or indirectly, including attorney fees
     and court costs, based upon or arising out of the operation of
     the program.
        (d)  No recourse.--Under no circumstances shall the assets of
     the Commonwealth or those that comprise the Public School
     Employees' Retirement Fund as set forth in section 8522
     (relating to Public School Employees' Retirement Fund) be liable
     for or used to pay any claims, demands, actions or liability of
     any nature, whether directly or indirectly, including, but not
     limited to, attorney fees and court costs, based upon or arising
     out of the operation of the program.
        (e)  Reservation of immunities.--Nothing contained in this
     part shall be construed as a waiver of the Commonwealth's or
     board's immunities, defenses, rights or actions arising out of
     their sovereign status or from the Eleventh Amendment to the
     Constitution of the United States.