8302 - Credited school service.

     § 8302.  Credited school service.        (a)  Computation of credited service.--In computing credited     school service of a member for the determination of benefits, a     full-time salaried school employee shall receive one year of     credit for each school year or the corresponding fraction     thereof, in accordance with the proportion of the full school     year for which the required regular member contributions have     been made, or for which such contributions otherwise required     for such service were not made solely by reason of any provision     of this part relating to the limitations under IRC § 401(a)(17)     or 415(b). A per diem or hourly school employee shall receive     one year of credited service for each nonoverlapping period of     12 consecutive months in which he is employed and for which     contributions are made, or would have been made but for such     limitations under the IRC, for at least 180 full-day sessions or     1,100 hours of employment. If such member was employed and     contributions were made for less than 180 full-day sessions or     1,100 hours, he shall be credited with a fractional portion of a     year determined by the ratio of the number of full-day sessions     or hours of service actually rendered to 180 full-day sessions     or 1,100 hours, as the case may be. A part-time salaried     employee shall be credited with the fractional portion of the     year which corresponds to the service actually rendered in     relation to the service required as a comparable full-time     salaried employee. In no case shall a member receive more than     one year of credited service for any 12 consecutive months or a     member who has elected multiple service receive an aggregate in     the two systems of more than one year of credited service for     any 12 consecutive months.        (b)  Approved leaves of absence.--An active member shall     receive credit for an approved leave of absence provided that:            (1)  the member returns for a period at least equal to        the length of the leave or one year, whichever is less, to        the school district which granted his leave, unless such        condition is waived by the employer; and            (2)  the proper contributions are made by the member and        the employer.        (b.1)  Optional credit for leave of absence for activated     military service.--            (1)  Notwithstanding any other provision of this part to        the contrary, a member who is granted leave of absence for        activated military service shall be entitled to exercise any        one of the following options in regard thereto:                (i)  He may continue to make payments into the fund            as provided for in this part during the period of his            leave of absence for activated military service.                (ii)  He may discontinue making payments into the            fund during the period of his leave of absence for            activated military service. In such event, the employer            shall continue to make its contributions during this            period. The employee's retirement rights shall be            determined by completely disregarding the period of his            leave of absence for activated military leave for all            purposes.            (2)  Any member desiring to exercise option (i) in        paragraph (1) shall file in writing with the board such an        election within 60 days after the commencement of his leave        of absence for activated military service or within 60 days        after the effective date of this subsection, whichever shall        later occur. Any member who does not exercise option (i) in        this manner will be deemed to have exercised option (ii).            (3)  Any member who has exercised option (ii) in        paragraph (1), but who, upon the expiration of his leave of        absence for activated military service, returns to his        employment and desires to receive the benefits of option (i),        shall have the right to receive such benefits if he shall        comply with the following requirements:                (i)  He shall, within one year after he returns to            his employment, give written notice to the board of his            desire to receive the benefits of option (i).                (ii)  He shall pay into the fund an amount equal to            the total payments he would have made had he exercised            option (i), plus statutory interest that would have been            credited to his members' savings account, had such            contributions been credited with statutory interest            during the period the contributions would have been made            and during all periods of subsequent school and State            service up to the date of payment. Upon certification of            the amount due, payment may be made in a lump sum within            90 days or, in the case of an active member, it may be            amortized with statutory interest through salary            deductions or by personal checks in amounts agreed upon            by the member and board.        (b.2)  Credited service as retirement incentive.--     Notwithstanding any provisions of this title to the contrary,     for the period of May 15, 1992, to August 31, 1993, a member who     is not an annuitant on May 15, 1992, who terminates school     service between May 15, 1992, and August 31, 1993, inclusive,     who will be 55 years of age or older on August 31, 1993, with     ten or more eligibility points, who files an application for     retirement before September 1, 1993, and who declares his intent     to retire prior to April 1, 1993, shall be credited with an     additional 10% of their credited service.        (c)  Cancellation of credited service.--All credited service     shall be cancelled if a member withdraws his accumulated     deductions.     (July 22, 1983, P.L.104, No.31, eff. imd.; Dec. 19, 1984,     P.L.1191, No.226, eff. imd.; Aug. 5, 1991, P.L.183, No.23, eff.     imd.; Dec. 22, 1992, P.L.1686, No.186, eff. imd.; Apr. 29, 1994,     P.L.159, No.29, eff. 60 days; Dec. 20, 1995, P.L.689, No.77,     eff. July 1, 1996; May 17, 2001, P.L.26, No.9, eff. imd.)        2001 Amendment.  Act 9 amended subsec. (a).        1994 Amendment.  Act 29 amended subsec. (b.2).        Cross References.  Section 8302 is referred to in sections     8327, 8346, 8348.3 of this title.