(a) Contributions for service.--The Commonwealth or other employer of an active participant shall make employer defined contributions for service of an active participant that shall be credited to the active participant's individual investment account. Employer defined contributions shall be recorded and accounted for separately from participant contributions.
(b) Contributions resulting from participants reemployed from USERRA leave.--When a State employee reemployed from USERRA leave makes the mandatory pickup participant contributions permitted to be made for the USERRA leave, the Commonwealth or other employer by whom the State employee is employed at the time the participant contributions are made shall make whatever employer defined contributions would have been made under this section had the employee making the participant contributions continued to be employed in the participant's State office or position instead of performing USERRA leave. The employer defined contributions shall be placed in the participant's individual investment account as otherwise provided by this part.
(c) Limitations on contributions.--No contributions may be allowed that would cause a violation of the limitations related to contributions applicable to governmental plans contained in IRC ยง 415 or in other provisions of law. In the event that any disallowed contributions are made, any employer defined contributions in excess of the limitations and investment earnings on the contributions, but minus investment fees and administrative charges applied against those contributions, shall be refunded to the employer by the board.
(Oct. 29, 2020, P.L.775, No.94, eff. imd.)
2020 Amendment. Act 94 amended subsec. (c). See section 4 of Act 94 in the appendix to this title for special provisions relating to applicability.
Cross References. Section 5806 is referred to in sections 5102, 5302 of this title.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 58 - State Employees' Defined Contribution Plan
Section 5803 - Individual investment accounts
Section 5804 - Participant contributions
Section 5805 - Mandatory pickup participant contributions
Section 5806 - Employer defined contributions
Section 5807 - Eligibility for benefits
Section 5810 - Termination of distributions
Section 5812 - Powers and duties of board
Section 5813 - Responsibility for investment loss
Section 5814 - Investments based on participant's investment allocation choices