(a) General rule.--Notwithstanding any other provision of this part, whenever a member elects to withdraw his total accumulated deductions pursuant to section 5311(a) (relating to eligibility for refunds) or 5701 (relating to return of total accumulated deductions) or elects to receive a portion of his benefit payable as a lump sum pursuant to section 5705(a)(4)(iii) or (a.1) (relating to member's options), the member may elect to receive the amount in not more than four installments.
(b) Payment of first installment.--The payment of the first installment shall be made in the amount and within seven days of the date specified by the member, except as follows:
(1) Upon receipt of a member's application to withdraw his total accumulated deductions as provided in section 5311(a) or 5701 and upon receipt of all required data from the head of the department and, if the member has Class G, Class H, Class I, Class J, Class K, Class L, Class M or Class N service, any data required from the county retirement system or pension plan to which the member was a contributor before being transferred to State employment, the board shall not be required to pay the first installment prior to 45 days after the filing of the application and the receipt of the data or the date of termination of service, whichever is later.
(2) In the case of an election as provided in section 5705(a)(4)(iii) or (a.1) by a member terminating service within 60 days prior to the end of a calendar year and upon receipt of all required data from the head of the department and, if the member has Class G, Class H, Class I, Class J, Class K, Class L, Class M or Class N service, any data required from the county retirement system or pension plan to which the member was a contributor before being transferred to State employment, the board shall not be required to pay the first installment prior to 21 days after the later of the filing of the application and the receipt of the data or the date of termination of service, but, unless otherwise directed by the member, the payment shall be made no later than 45 days after the filing of the application and the receipt of the data or the date of termination of service, whichever is later.
(3) In the case of an election as provided in section 5705(a)(4)(iii) or (a.1) by a member who is not terminating service within 60 days prior to the end of a calendar year and upon receipt of all required data from the head of the department and, if the member has Class G, Class H, Class I, Class J, Class K, Class L, Class M or Class N service, any data required from the county retirement system or pension plan to which the member was a contributor before being transferred to State employment, the board shall not be required to pay the first installment prior to 45 days after the filing of the application and the receipt of the data or the date of termination of service, whichever is later.
(c) Payment of subsequent installments.--The payment of subsequent installments shall be made at the time annuity checks are payable for the month and year specified by the member.
(d) Statutory interest.--Any lump sum, including a lump sum payable pursuant to section 5705.1 (relating to payment of accumulated deductions resulting from more than one class of service), or installment payable shall include statutory interest credited to the date of payment, except in the case of a member, other than a vestee or special vestee, who has not filed his application prior to 90 days following his termination of service.
(June 13, 1985, P.L.40, No.19, eff. 180 days; June 25, 1997, P.L.369, No.41, eff. imd.; June 22, 1999, P.L.75, No.12, eff. imd.; Nov. 23, 2010, P.L.1269, No.120, eff. imd.; June 12, 2017, P.L.11, No.5, eff. imd.)
2017 Amendment. Act 5 amended subsecs. (a), (b) and (d).
1997 Amendment. See section 6 of Act 41 in the appendix to this title for special provisions relating to limitation of special vestee status.
1985 Amendment. Act 19 added section 5905.1.
Cross References. Section 5905.1 is referred to in section 5705.1 of this title.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 59 - Administration, Funds, Accounts, General Provisions
Section 5901 - The State Employees' Retirement Board
Section 5902 - Administrative duties of the board
Section 5904 - Duties of the board to report to the Public School Employees' Retirement Board
Section 5905 - Duties of the board regarding applications and elections of members and participants
Section 5905.1 - Installment payments of accumulated deductions
Section 5906 - Duties of heads of departments
Section 5907 - Rights and duties of State employees, members and participants
Section 5908 - Rights and duties of annuitants
Section 5909 - Stress test of system
Section 5931 - Management of fund and accounts
Section 5932 - State Employees' Retirement Fund
Section 5933 - Members' savings account
Section 5934 - State accumulation account
Section 5935 - Annuity reserve account
Section 5936 - State Police benefit account
Section 5937 - Enforcement officers' benefit account
Section 5938 - Supplemental annuity account
Section 5939 - Interest reserve account
Section 5940 - Northern Ireland-related investments
Section 5941 - Benefits completion plan
Section 5951 - State guarantee regarding the system
Section 5952 - State supervision
Section 5953 - Taxation, attachment and assignment of funds
Section 5953.1 - Approval of domestic relations orders
Section 5953.2 - Irrevocable beneficiary
Section 5953.3 - Irrevocable survivor annuitant
Section 5953.4 - Amendment of approved domestic relations orders
Section 5953.5 - Transfer of domestic relations orders against county pension plans
Section 5953.6 - Irrevocable successor payee
Section 5954 - Fraud and adjustment of errors
Section 5955 - Construction of part
Section 5955.1 - Construction of part with respect to older workers protection
Section 5955.2 - Construction of part with respect to the Internal Revenue Code
Section 5956 - Provisions severable
Section 5957 - Independent Fiscal Office study
Section 5958 - Public Pension Management and Asset Investment Review Commission