8327 - Payments by employers.

     § 8327.  Payments by employers.        (a)  General rule.--Each employer, including the Commonwealth     as employer of employees of the Department of Education, State-     owned colleges and universities, Thaddeus Stevens State School     of Technology, Pennsylvania State Oral School for the Deaf,     Scotland School for Veterans' Children, and the Pennsylvania     State University, shall make payments to the fund each quarter     in an amount equal to one-half the sum of the percentages, as     determined under section 8328 (relating to actuarial cost     method), applied to the total compensation during the pay     periods in the preceding quarter of all its employees who were     members of the system during such period, including members on     activated military service leave. In the event a member on     activated military service leave does not return to service for     the necessary time or receives an undesirable, bad conduct or     dishonorable discharge or does not elect to receive credit for     activated military service under section 8302(b.1)(3) (relating     to credited school service), the contributions made by the     employer on behalf of such member shall be returned with     valuation interest upon application by the employer.        (b)  Deduction from appropriations.--            (1)  To facilitate the payment of amounts due from any        employer to the fund through the State Treasurer and to        permit the exchange of credits between the State Treasurer        and any employer, the Secretary of Education and the State        Treasurer shall cause to be deducted and paid into the fund        from the amount of any moneys due to any employer on account        of any appropriation for schools or other purposes amounts        equal to the employer and pickup contributions which an        employer is required to pay to the fund, as certified by the        board, and as remains unpaid on the date such appropriations        would otherwise be paid to the employer. Such amount shall be        credited to the appropriate accounts in the fund.            (2)  To facilitate the payments of amounts due from any        charter school, as defined in Article XVII-A of the act of        March 10, 1949 (P.L.30, No.14), known as the Public School        Code of 1949, to the fund through the State Treasurer and to        permit the exchange of credits between the State Treasurer        and any employer, the Secretary of Education and the State        Treasurer shall cause to be deducted and paid into the fund        from any funds appropriated to the Department of Education        for basic education of the chartering school district of a        charter school and public school employees' retirement        contributions amounts equal to the employer and pickup        contributions which a charter school is required to pay to        the fund, as certified by the board, and as remains unpaid on        the date such appropriations would otherwise be paid to the        chartering school district or charter school. Such amounts        shall be credited to the appropriate accounts in the fund.        Any reduction in payments to a chartering school district        made pursuant to this section shall be deducted from the        amount due to the charter school district pursuant to the        Public School Code of 1949.        (c)  Payments by employers after June 30, 1995.--After June     30, 1995, each employer, including the Commonwealth as employer     of employees of the Department of Education, State-owned     colleges and universities, Thaddeus Stevens State School of     Technology, Pennsylvania State Oral School for the Deaf,     Scotland School for Veterans' Children and The Pennsylvania     State University, shall make payments to the fund each quarter     in an amount computed in the following manner:            (1)  For an employer that is a school entity, the amount        shall be the sum of the percentages as determined under        section 8328 applied to the total compensation during the pay        periods in the preceding quarter of all employees who were        active members of the system during such period, including        members on activated military service leave. In the event a        member on activated military service leave does not return to        service for the necessary time or receives an undesirable,        bad conduct or dishonorable discharge or does not elect to        receive credit for activated military service under section        8302(b.1)(3), the contribution made by the employer on behalf        of such member shall be returned with valuation interest upon        application by the employer.            (2)  For an employer that is not a school entity, the        amount computed under subsection (a).            (3)  For any employer, whether or not a school entity, in        computing the amount of payment due each quarter, there shall        be excluded from the total compensation referred to in this        subsection and subsection (a) any amount of compensation of a        noneligible member on the basis of which member contributions        have not been made by reason of the limitation under IRC §        401(a)(17). Any amount of contribution to the fund paid by        the employer on behalf of a noneligible member on the basis        of compensation which was subject to exclusion from total        compensation in accordance with the provisions of this        paragraph shall, upon the board's determination or upon        application by the employer, be returned to the employer with        valuation interest.     (June 13, 1985, P.L.40, No.19, eff. imd.; Aug. 5, 1991, P.L.183,     No.23, eff. imd.; Apr. 29, 1994, P.L.159, No.29, eff. July 1,     1995; 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. (b).        1995 Amendment.  Act 77 amended subsec. (c).        1994 Amendment.  See section 18 of Act 29 in the appendix to     this title for special provisions relating to applicability to     1995-1996 and succeeding school years.        1991 Amendment.  Act 23 amended subsec. (a).        2009 Partial Repeal.  Section 7 of Act 50 of 2009 provided     that section 8327 is repealed insofar as it is inconsistent with     Act 50.        References in Text.  Section 14 of Act 57 of 1997 provided     that a statutory reference to the Thaddeus Stevens State School     of Technology, referred to in subsecs. (a) and (c), shall be     deemed to be a reference to the Thaddeus Stevens College of     Technology.        Cross References.  Section 8327 is referred to in sections     8502, 8506 of this title.