§ 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
Chapter 83 - Membership, Contributions and Benefits
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 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 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