(a) General rule.--An active member of the system shall accrue one eligibility point for each year of credited service as a member of the system or if a multiple service member, as a member of the State Employees' Retirement System. A member shall accrue an additional two-thirds of an eligibility point for each year of Class D-3 credited service under the State Employees' Retirement System. In the case of a fractional part of a year of credited service, a member shall accrue the corresponding fractional portion of an eligibility point.
(a.1) USERRA leave.--A member or participant who is reemployed from USERRA leave or who dies while performing USERRA leave shall be granted the eligibility points that he would have accrued had he continued in his school office or employment instead of performing USERRA leave. If a school employee who is reemployed from USERRA leave makes the member or mandatory pickup participant contributions to be granted school service credit for the USERRA leave, no additional eligibility points may be granted.
(b) Transitional rule.--For the purposes of the transition:
(1) In determining whether a member, other than a disability annuitant who returns to school service after June 30, 2001, upon termination of the disability annuity, who is not a school employee or a State employee on June 30, 2001, and July 1, 2001, and who has previous school service, has the five eligibility points required by the definition of "vestee" in sections 8102 (relating to definitions), 8307 (relating to eligibility for annuities), 8308 (relating to eligibility for vesting) and 8345 (relating to member's options), only eligibility points earned by performing credited school service, USERRA leave or credited State service as an active member of the State Employees' Retirement System after June 30, 2001, shall be counted until such member earns one eligibility point by performing credited school service or, if a multiple service member, credited State service after June 30, 2001, at which time all eligibility points as determined under subsection (a) shall be counted.
(2) A member subject to paragraph (1) shall be considered to have satisfied any requirement for five eligibility points contained in this part if the member has at least ten eligibility points determined under subsection (a).
(May 17, 2001, P.L.26, No.9, eff. July 1, 2001; July 1, 2013, P.L.174, No.32, eff. July 1, 2013; June 12, 2017, P.L.11, No.5, eff. imd.)
Cross References. Section 8306 is referred to in sections 8102, 8303 of this title.
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 ยง 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