Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 83 - Membership, Contributions and Benefits
Section 8303.1 - Waiver of adjustments

§ 8303.1. Waiver of adjustments.
(a) Allowance.--Upon appeal by an affected member, beneficiary or survivor annuitant, the board may waive an adjustment or any portion of an adjustment made under section 8534(b) (relating to fraud and adjustment of errors) if in the opinion of the board or the board's designated representative:
(1) the adjustment or portion of the adjustment will cause undue hardship to the member, beneficiary or survivor annuitant;
(2) the adjustment was not the result of erroneous information supplied by the member, beneficiary or survivor annuitant;
(3) the member had no knowledge or notice of the error before adjustment was made, and the member, beneficiary or survivor annuitant took action with respect to their benefits based on erroneous information provided by the system; and
(4) the member, beneficiary or survivor annuitant had no reasonable grounds to believe the erroneous information was incorrect before the adjustment was made.
(b) Time period.--In order to obtain consideration of a waiver under this section, the affected member, beneficiary or survivor annuitant must appeal to the board in writing within 30 days after receipt of notice that benefits have been adjusted or, if no notice was given, within 30 days after the adjustment was known or should have been known to the affected member, beneficiary or survivor annuitant. For any adjustments made prior to the effective date of this subsection for which the member, beneficiary or survivor annuitant appealed to the board and was denied, an appeal under this section must be filed within 90 days of the effective date of this subsection. (June 18, 1998, P.L.685, No.88, eff. imd.)
1998 Amendment. Act 88 added section 8303.1.

Structure Pennsylvania Consolidated & Unconsolidated Statutes

Pennsylvania Consolidated & Unconsolidated Statutes

Title 24 - EDUCATION

Chapter 83 - Membership, Contributions and Benefits

Extra - Chapter Notes

Section 8301 - Mandatory and optional membership in the system and participation in the plan

Section 8302 - Credited school service

Section 8303 - Eligibility points for retention and reinstatement of service credits

Section 8303.1 - Waiver of adjustments

Section 8304 - Creditable nonschool service

Section 8305 - Classes of service

Section 8305.1 - Election to become a Class T-D member

Section 8305.2 - Election to become a Class T-F member

Section 8305.3 - Election to become a Class T-H member

Section 8305.4 - Election to become a Class DC participant

Section 8305.5 - Election to become Class T-G, Class T-H or Class DC

Section 8306 - Eligibility points

Section 8307 - Eligibility for annuities

Section 8308 - Eligibility for vesting

Section 8309 - Eligibility for death benefits

Section 8310 - Eligibility for refunds

Section 8311 - Eligibility for early retirement

Section 8312 - Eligibility for special early retirement

Section 8313 - Eligibility for limited early retirement

Section 8321 - Regular member contributions for current service

Section 8322 - Joint coverage member contributions

Section 8322.1 - Pickup contributions

Section 8323 - Member contributions for creditable school service

Section 8324 - Contributions for purchase of credit for creditable nonschool service and noncreditable school service

Section 8325 - Incomplete payments

Section 8325.1 - Annual compensation limit under IRC § 401(a)(17)

Section 8326 - Contributions by the Commonwealth

Section 8327 - Payments by employers

Section 8327.1 - Nonparticipating employer withdrawal liablity

Section 8328 - Actuarial cost method

Section 8329 - Payments on account of social security deductions from appropriations

Section 8330 - Appropriations by the Commonwealth

Section 8341 - Return of accumulated deductions

Section 8342 - Maximum single life annuity

Section 8343 - Reduction of annuities on account of social security old-age insurance benefits

Section 8344 - Disability annuities

Section 8345 - Member's options

Section 8346 - Termination of annuities

Section 8347 - Death benefits

Section 8348 - Supplemental annuities

Section 8348.1 - Additional supplemental annuities

Section 8348.2 - Further additional supplemental annuities

Section 8348.3 - Supplemental annuities commencing 1994

Section 8348.4 - Special supplemental postretirement adjustment

Section 8348.5 - Supplemental annuities commencing 1998

Section 8348.6 - Supplemental annuities commencing 2002

Section 8348.7 - Supplemental annuities commencing 2003

Section 8349 - Payment of benefits from the system