Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 53 - Membership, Credited Service, Classes of Service, and Eligibility for Benefits
Section 5307 - Eligibility points


(a) General rule.--An active member of the system shall accrue one eligibility point for each year of credited service as a member of the system and if a multiple service member as a member of the Public School Employees' Retirement System. A member shall accrue an additional two-thirds of an eligibility point for each year of Class D-3 credited service. In the case of a fractional part of a year of credited service, a member shall accrue the corresponding fractional portion of eligibility points to which the class of service entitles him. A State employee who is performing State service solely as a participant in the plan shall accrue eligibility points at the same rate and manner as if the State employee was performing State service credited as a member of Class A-5. No eligibility points shall accrue in the system or the plan for service as a school employee credited as Class DC service in the Public School Employees' Retirement System.
(a.1) USERRA leave.--A member of the system or participant in the plan who is reemployed from USERRA leave or who dies while performing USERRA leave shall be granted the eligibility points that he would have accrued had he continued in his State office or employment instead of performing USERRA leave. In the event that a State employee who is reemployed from USERRA leave makes the member contributions or mandatory pickup participant contributions to be granted State service credit for the USERRA leave, no additional eligibility points will be granted.
(b) Transitional rule.--
(1) In determining whether a member who is not a State employee or school employee on June 30, 2001, and July 1, 2001, and who has previous State service (except a disability annuitant who returns to State service after June 30, 2001, upon termination of the disability annuity) has the five eligibility points required by sections 5102 (relating to definitions), 5308(b) (relating to eligibility for annuities), 5309 (relating to eligibility for vesting), 5704(b) (relating to disability annuities) and 5705(a) (relating to member's options), only eligibility points earned by performing credited State service, USERRA leave or credited school service as an active member of the Public School Employees' Retirement System after June 30, 2001, shall be counted until such member earns one eligibility point by performing credited State service or, if a multiple service member, credited school service as an active member of the Public School Employees' Retirement System after June 30, 2001, at which time all eligibility points as determined pursuant to subsection (a) shall be counted.
(2) Any member to whom paragraph (1) applies shall be considered to have satisfied any requirement for five eligibility points contained in this part if the member:
(i) has ten or more eligibility points as determined pursuant to subsection (a); or
(ii) has Class G, Class H, Class I, Class J, Class L, Class M or Class N service and has eight or more eligibility points as determined pursuant to subsection (a).
(c) Application of eligibility points.--Eligibility points accrued for service as either a member of the system or a participant in the plan may be used to determine the eligibility for benefits from either the system or the plan unless the provision is restricted to eligibility points accrued from specific types of State service. Eligibility points accrued from service as an active member of the Public School Employees' Retirement System shall apply only if a State employee has elected multiple service. Eligibility points accrued by a State employee for service solely as a participant in the plan for which he received a total distribution of accumulated total defined contributions shall not apply when determining eligibility for benefits from the system or the plan resulting from any State service subsequently credited in the system or performed after the total distribution.
(May 17, 2001, P.L.26, No.9, eff. July 1, 2001; Oct. 24, 2012, P.L.1436, No.181, eff. Dec. 31, 2012; June 12, 2017, P.L.11, No.5, eff. imd.)

Cross References. Section 5307 is referred to in sections 5303, 5809 of this title.

Structure Pennsylvania Consolidated & Unconsolidated Statutes

Pennsylvania Consolidated & Unconsolidated Statutes

Title 71 - STATE GOVERNMENT

Chapter 53 - Membership, Credited Service, Classes of Service, and Eligibility for Benefits

Extra - Chapter Notes

Section 5301 - Mandatory and optional membership in the system and participation in the plan

Section 5302 - Credited State service

Section 5303 - Retention and reinstatement of service credits

Section 5303.1 - Election to convert county service to State service

Section 5303.2 - Election to convert school service to State service

Section 5304 - Creditable nonstate service

Section 5305 - Social security integration credits

Section 5305.1 - Eligibility for actuarial increase factor

Section 5306 - Classes of service

Section 5306.1 - Election to become a Class AA member

Section 5306.2 - Elections by members of the General Assembly

Section 5306.3 - Election to become a Class A-4 member

Section 5306.4 - Election to become a Class A-6 member or solely a participant in the plan

Section 5306.5 - Election by active members to become a Class A-5 member, Class A-6 member or plan participant

Section 5306.6 - Election to purchase nonintervening military service

Section 5307 - Eligibility points

Section 5308 - Eligibility for annuities

Section 5308.1 - Eligibility for special early retirement

Section 5308.2 - Eligibility for limited early retirement

Section 5309 - Eligibility for vesting

Section 5309.1 - Eligibility for special vesting

Section 5310 - Eligibility for death benefits

Section 5311 - Eligibility for refunds