8304 - Creditable nonschool service.

     § 8304.  Creditable nonschool service.        (a)  Eligibility.--An active member or a multiple service     member who is an active member of the State Employees'     Retirement System shall be eligible to receive Class T-C service     credit for creditable nonschool service and Class T-D service     for intervening military service, provided the member becomes a     Class T-D member pursuant to section 8305.1 (relating to     election to become a Class T-D member) or 8305 (relating to     classes of service), as set forth in subsection (b) provided     that he is not entitled to receive, eligible to receive now or     in the future, or is receiving retirement benefits for such     service under a retirement system administered and wholly or     partially paid for by any other governmental agency or by any     private employer, or a retirement program approved by the     employer in accordance with section 8301(a)(1) (relating to     mandatory and optional membership), and further provided that     such service is certified by the previous employer and the     manner of payment of the amount due is agreed upon by the     member, the employer, and the board.        (b)  Limitations on nonschool service.--Creditable nonschool     service credit shall be limited to:            (1)  Intervening military service.            (2)  Military service other than intervening military        service and activated military service not exceeding five        years provided that a member with multiple service may not        purchase more than a total of five years of military service        in both the system and the State Employees' Retirement        System.            (3)  Service in any public school or public educational        institution in any state other than this Commonwealth or in        any territory or area under the jurisdiction of the United        States. This paragraph includes service, prior to July 1,        1965, at a community college established under the act of        August 24, 1963 (P.L.1132, No.484), known as the Community        College Act of 1963.            (4)  Service as an administrator, teacher, or instructor        in the field of public school education for any agency or        department of the government of the United States whether or        not such area was under the jurisdiction of the United        States.            (5)  Previous service as an employee of a county board of        school directors which employment was terminated because of        the transfer of the administration of such service or of the        entire agency to a governmental entity.            (6)  Previous service as a county employee as a nurse.        For every three years or major fraction thereof in previous        work experience, an individual may buy one year of creditable        service, not to exceed a total of five years. The purchase of        this service shall begin within three years of the employee's        eligibility to purchase this creditable service.            (7)  (i)  Service for the period of time spent on a            maternity leave of absence required by the employer,            which creditable service shall not exceed two years per            leave and shall be applicable only to a maternity leave            which was mandatory prior to May 17, 1975. The purchase            of this service shall begin within one year of the            employee's eligibility to purchase the creditable service            under this subparagraph as originally enacted by the act            of August 5, 1991 (P.L.183, No.23), entitled "An act            amending Titles 24 (Education) and 71 (State Government)            of the Pennsylvania Consolidated Statutes, further            providing for the Public School Employees' Retirement            System and the State Employees' Retirement System; adding            and amending certain definitions; further providing for            membership in the systems, for creditable nonschool and            nonstate service and the purchase of credit, for            incentives for special early retirement, for            contributions to the retirement funds, for annuities and            the rights and duties of annuitants, for health insurance            premium assistance, for board membership and for the re-            amortization and management of the retirement funds."                (ii)  Service for the period of time spent on a            maternity leave of absence required by the employer,            which creditable service shall not exceed two years per            leave and shall be applicable only to a maternity leave            that was mandatory and began after May 16, 1975, and            prior to November 1, 1978. The purchase of this service            shall begin within one year of the employee's eligibility            to purchase the creditable service under this            subparagraph.            (8)  Service in the Cadet Nurse Corps with respect to any        period of training as a student or graduate nurse under a        plan approved under section 2 of the act of June 15, 1943        (Public Law 78-73, 57 Stat. 153), if the total period of        training under the plan was at least two years, the credit        for such service not to exceed three years.        (c)  Limitations on years of credit.--Service listed in     subsection (b)(3) and (4) must have been for a period of at     least one school year and credit for such service shall be     limited to the lesser of 12 years or the number of years of     school service credited in the system. In no case shall the     total credit for nonschool service other than that listed in     subsection (b)(5) exceed the number of years of school service     credited in the system, plus, in the case of a multiple service     member, any additional years of State service credited in the     State Employees' Retirement System.     (Dec. 19, 1984, P.L.1191, No.226, eff. 60 days; Oct. 21, 1988,     P.L.844, No.112, eff. Jan. 1, 1989; Aug. 5, 1991, P.L.183,     No.23; June 18, 1998, P.L.685, No.88, eff. imd.; May 17, 2001,     P.L.26, No.9, eff. July 1, 2001; Apr. 23, 2002, P.L.272, No.38,     eff. imd.)        2002 Amendment.  Act 38 amended subsec. (a).        1998 Amendment.  Act 88 amended subsec. (b)(7).        1991 Amendment.  Act 23 amended subsec. (b), effective in 90     days as to par. (7) and immediately as to the remainder of the     subsection. See section 31 of Act 23 in the appendix to this     title for special provisions relating to limitations on     creditable nonschool service in Cadet Nurse Corps.        Cross References.  Section 8304 is referred to in sections     8324, 8348.4 of this title.