(a) Election by joint coverage annuitants.--Any annuitant who is a joint coverage member who was receiving an annuity prior to July 1, 1962, may elect to receive his annuity without reduction on account of social security old-age insurance benefits: Provided, That he shall file such election with the board prior to July 1, 1974 and shall make a lump sum payment within 60 days of receipt of the certification of the amount due.
(b) Periodic earnings statements by disability annuitants.--It shall be the duty of an annuitant receiving a disability annuity prior to the attainment of superannuation age to furnish a written statement within 30 days of the close of each calendar year of all earned income during that year and information showing whether or not he is able to engage in a gainful occupation and such other information as may be required by the board. On failure, neglect, or refusal to furnish such information for the period of the preceding year, the board may refuse to make further payments due to disability to such annuitant until he has furnished such information to the satisfaction of the board. Should such refusal continue for six months, all of his rights to the disability annuity payments in excess of any annuity to which he is otherwise entitled shall be forfeited from the date of his last written statement to the board. Any moneys received in excess of those to which he was entitled shall be deducted from the present value of the annuity to which he is otherwise entitled.
(c) Medical examinations of disability annuitants.--Should any disability annuitant refuse to submit to a medical examination by a physician or physicians at the request of the board, his payments due to disability shall be discontinued until the withdrawal of such refusal. Should such refusal continue for a period of six months, all of his rights to the disability annuity payments in excess of any annuity to which he is otherwise entitled shall be forfeited.
(d) Continuances of disability annuities.--In all instances, the member shall have the burden of establishing continued disability.
(Aug. 5, 1991, P.L.183, No.23, eff. imd.; Apr. 29, 1994, P.L.159, No.29, eff. 60 days; Apr. 23, 2002, P.L.272, No.38, eff. Jan. 1, 2003)
2002 Amendment. Act 38 amended subsec. (b).
1994 Amendment. Act 29 amended subsecs. (b) and (c).
1991 Amendment. Act 23 added subsec. (d).
Cross References. Section 5908 is referred to in section 5704 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