8502 - Administrative duties of board.

     § 8502.  Administrative duties of board.        (a)  Employees.--            (1)  Effective 30 days after the effective date of this        paragraph, the positions of secretary, assistant secretary        and investment professional shall be placed under the        unclassified service provisions of the act of August 5, 1941        (P.L.752, No.286), known as the Civil Service Act, as those        positions are vacated. All other positions of the board shall        be placed in either the classified or unclassified service        according to the definition of the terms under the Civil        Service Act.            (2)  Notwithstanding any other provision of law, the        compensation of investment professionals shall be established        by the board. The compensation of all other officers and        employees of the board who are not covered by a collective        bargaining agreement shall be established by the board        consistent with the standards of compensation established by        the Executive Board of the Commonwealth.        (b)  Professional personnel.--The board shall contract for     the services of a chief medical examiner, an actuary, investment     advisors, counselors, an investment coordinator, and such other     professional personnel as it deems advisable.        (c)  Expenses.--The board shall, through the Governor, submit     to the General Assembly annually a budget covering the     administrative expenses of this part. Such expenses as approved     by the General Assembly in an appropriation bill shall be paid     from investment earnings of the fund. Concurrently with its     administrative budget, the board shall also submit to the     General Assembly annually a list of proposed expenditures which     the board intends to pay through the use of directed     commissions, together with a list of the actual expenditures     from the past year actually paid by the board through the use of     directed commissions. All such directed commission expenditures     shall be made by the board for the exclusive benefit of the     system and its members.        (d)  Meetings.--The board shall hold at least six regular     meetings annually and such other meetings as it may deem     necessary.        (e)  Records.--            (1)  The board shall keep a record of all its proceedings        which shall be open to inspection by the public, except as        otherwise provided in this part or by other law.            (2)  Any record, material or data received, prepared,        used or retained by the board or its employees, investment        professionals or agents relating to an investment shall not        constitute a public record subject to public inspection under        the act of June 21, 1957 (P.L.390, No.212), referred to as        the Right-to-Know Law, if, in the reasonable judgment of the        board, the inspection would:                (i)  in the case of an alternative investment or            alternative investment vehicle involve the release of            sensitive investment or financial information relating to            the alternative investment or alternative investment            vehicle which the fund was able to obtain only upon            agreeing to maintain its confidentiality;                (ii)  cause substantial competitive harm to the            person from whom sensitive investment or financial            information relating to the investment was received; or                (iii)  have a substantial detrimental impact on the            value of an investment to be acquired, held or disposed            of by the fund, or would cause a breach of the standard            of care or fiduciary duty set forth in this part.            (3)  (i)  The sensitive investment or financial            information excluded from inspection under paragraph            (2)(i), to the extent not otherwise excluded from            inspection, shall constitute a public record subject to            public inspection under the Right-to-Know Law once the            board is no longer required by its agreement to maintain            confidentiality.                (ii)  The sensitive investment or financial            information excluded from inspection under paragraph            (2)(ii), to the extent not otherwise excluded from            inspection, shall constitute a public record subject to            public inspection under the Right-to-Know Law once:                    (A)  the inspection no longer causes substantial                competitive harm to the person from whom the                information was received; or                    (B)  the entity in which the investment was made                is liquidated;            whichever is later.                (iii)  The sensitive investment or financial            information excluded from inspection under paragraph            (2)(iii), to the extent not otherwise excluded from            inspection, shall constitute a public record subject to            public inspection under the Right-to-Know Law once:                    (A)  the inspection no longer has a substantial                detrimental impact on the value of an investment of                the fund and would not cause a breach of the standard                of care or fiduciary duty set forth in this part; or                    (B)  the entity in which the investment was made                is liquidated;            whichever is later.            (4)  Except for the provisions of paragraph (3), nothing        in this subsection shall be construed to designate any        record, material or data received, prepared, used or retained        by the board or its employees, investment professionals or        agents relating to an investment as a public record subject        to public inspection under the Right-to-Know Law.            (5)  Notwithstanding the provisions of this subsection,        the following information regarding an alternative investment        vehicle shall be subject to public inspection under the        Right-to-Know Law:                (i)  The name, address and vintage year of the            alternative investment vehicle.                (ii)  The identity of the manager of the alternative            investment vehicle.                (iii)  The dollar amount of the commitment made by            the system to the alternative investment vehicle.                (iv)  The dollar amount of cash contributions made by            the system to the alternative investment vehicle since            inception.                (v)  The dollar amount of cash distributions received            by the system from the alternative investment vehicle            since inception.                (vi)  The net internal rate of return of the            alternative investment vehicle since inception, provided            that the system shall not be required to disclose the net            internal rate of return under circumstances in which,            because of the limited number of portfolio assets            remaining in the alternative investment vehicle, the            disclosure could reveal the values of specifically            identifiable remaining portfolio assets to the detriment            of the alternative investment.                (vii)  The aggregate value of the remaining portfolio            assets attributable to the system's investment in the            alternative investment vehicle, provided that the system            shall not be required to disclose the value under            circumstances in which, because of the limited number of            portfolio assets remaining in the alternative investment            vehicle, the disclosure could reveal the values of            specifically identifiable remaining portfolio assets to            the detriment of the alternative investment.                (viii)  The dollar amount of total management fees            and costs paid to the alternative investment vehicle by            the system on an annual fiscal year-end basis.        (f)  Functions.--The board shall perform such other functions     as are required for the execution of this part and shall have     the right to inspect the employment records of employers.        (g)  Performance of employer duties.--In the event the     employer fails to comply with the procedures as mandated in     section 8506 (relating to duties of employers), the board shall     perform such duties and bill the employer who shall pay for the     cost of same. In the event the employer is delinquent in payment     of contributions in accordance with section 8327 (relating to     payments by employers), the board shall notify the Secretary of     Education and the State Treasurer of such delinquency.        (h)  Regulations and procedures.--The board shall, with the     advice of the Attorney General and the actuary, adopt and     promulgate rules and regulations for the uniform administration     of the system. The actuary shall approve in writing all     computational procedures used in the calculation of     contributions and benefits, and the board shall by resolution     adopt such computational procedures, prior to their application     by the board. Such rules, regulations and computational     procedures as so adopted from time to time and as in force and     effect at any time, together with such tables as are adopted and     published pursuant to subsection (j) as necessary for the     calculation of annuities and other benefits, shall be as     effective as if fully set forth in this part. Any actuarial     assumption specified in or underlying any such rule, regulation     or computational procedure and utilized as a basis for     determining any benefit shall be applied in a uniform manner.        (i)  Data.--The board shall keep in convenient form such data     as are stipulated by the actuary in order that an annual     actuarial valuation of the various accounts can be completed     within six months of the close of each fiscal year. The board     shall have final authority over the means by which data is     collected, maintained and stored and in so doing shall protect     the rights of its membership as to privacy and confidentiality.        (j)  Actuarial investigation and valuation.--The board shall     have the actuary make an annual valuation of the various     accounts within six months of the close of each fiscal year. In     the fiscal year 1975 and in every fifth year thereafter, the     board shall have the actuary conduct an actuarial investigation     and evaluation of the system based on data including the     mortality, service, and compensation experience provided by the     board annually during the preceding five years concerning the     members and beneficiaries. The board shall by resolution adopt     such tables as are necessary for the actuarial valuation of the     fund and calculation of contributions, annuities, and other     benefits based on the reports and recommendations of the     actuary. Within 30 days of their adoption, the secretary of the     board shall cause those tables which relate to the calculation     of annuities and other benefits to be published in the     Pennsylvania Bulletin in accordance with the provisions of 45     Pa.C.S. § 725(a) (relating to additional contents of     Pennsylvania Bulletin) and, unless the board specifies therein a     later effective date, such tables shall become effective on such     publication. The board shall include a report on the significant     facts, recommendations and data developed in each five-year     actuarial investigation and evaluation of the system in the     annual financial statement published pursuant to the     requirements of subsection (n) for the fiscal year in which such     investigation and evaluation were concluded.        (k)  Certification of employer contributions.--The board     shall, each year in addition to the itemized budget required     under section 8330 (relating to appropriations by the     Commonwealth), certify to the employers and the Commonwealth the     employer contribution rate expressed as a percentage of members'     payroll necessary for the funding of prospective annuities for     active members and the annuities of annuitants, and certify the     rates and amounts of the normal contributions as determined     pursuant to section 8328(b) (relating to actuarial cost method),     accrued liability contributions as determined pursuant to     section 8328(c), supplemental annuities contribution rate as     determined pursuant to section 8328(d) and the experience     adjustment factor as determined pursuant to section 8328(e) and     premium assistance contributions as determined pursuant to     section 8328(f), which shall be paid to the fund and credited to     the appropriate accounts. These certifications shall be regarded     as final and not subject to modification by the Budget     Secretary.        (l)  Commonwealth payments.--The board shall within 30 days     following the end of each quarter determine the amount due to     the fund from the Commonwealth during that quarter and submit at     that time a requisition for the amount determined to be due from     the Commonwealth to the State Treasurer.        (m)  Member contributions and interest.--The board shall     cause each member's contributions, including payroll deductions,     pickup contributions and all other payments, including, but not     limited to, amounts collected by the State Employees' Retirement     System for the reinstatement of previous school service or     creditable nonschool service and amounts paid to return benefits     paid after the date of return to school service or entering     State service representing lump sum payments made pursuant to     section 8345(a)(4)(iii) (relating to member's options) and     member's annuity payments, but not including other benefits     returned pursuant to section 8346(a.1) (relating to termination     of annuities), to be credited to the account of such member and     shall pay all such amounts into the fund. Such contributions     shall be credited with statutory interest until date of     termination of service, except in the case of a vestee, who     shall have such interest credited until the effective date of     retirement or until the return of his accumulated deductions, if     he so elects; and in the case of a multiple service member who     shall have such interest credited until termination of service     in both the school and the State systems.        (n)  Annual financial statement.--The board shall prepare and     have published, on or before January 1 of each year, a financial     statement as of the fiscal year ending June 30 of the previous     year showing the condition of the fund and the various accounts,     including, but not limited to, the board's accrual and     expenditure of directed commissions, and setting forth such     other facts, recommendations and data as may be of use in the     advancement of knowledge concerning annuities and other benefits     provided by this part. The board shall submit said financial     statement to the Governor and shall make copies available to the     employers for the use of the school employees and the public.        (o)  Independent audit.--The board shall provide for an     annual audit of the system by an independent certified public     accounting firm, which audit shall include the board's accrual     and expenditure of directed commissions.        (p)  Transfer of employer contributions.--The board shall,     upon receipt of a written request from a public employee     retirement system of a county of the third class and upon     receipt of written verification that a member of the fund who     withdrew contributions upon termination of employment will     deposit the employee's contributions with the retirement system     of a county of the third class, transfer, within 30 days, to the     retirement system of the county of the third class the full     amount of employer contributions and the accumulated interest on     such contributions credited to the former member's account. This     subsection shall apply only where the transfer of employment     from the public school district to the county was not voluntary     on the part of the employee.     (June 25, 1982, P.L.647, No.183, eff. 60 days; July 22, 1983,     P.L.104, No.31, eff. imd.; Feb. 9, 1984, P.L.25, No.10, eff.     imd.; Dec. 19, 1984, P.L.1191, No.226, eff. imd.; Aug. 5, 1991,     P.L.183, No.23, eff. imd.; Apr. 29, 1994, P.L.159, No.29, eff.     imd.; Dec. 20, 1995, P.L.689, No.77, eff. 60 days; Apr. 2, 1998,     P.L.229, No.41, eff. imd.; June 18, 1998, P.L.685, No.88, eff.     imd.; May 17, 2001, P.L.26, No.9, eff. July 1, 2001; Nov. 9,     2006, P.L.1371, No.148, eff. imd.)        2006 Amendment.  Act 148 amended subsec. (e). See sections 3,     4, 5 and 6 of Act 148 in the appendix to this title for special     provisions relating to authority of Auditor General,     construction of law, application of law and fees.        2001 Amendment.  Act 9 amended subsec. (m). See section 31 of     Act 9 in the appendix to this title for special provisions     relating to recertification to Budget Secretary and employers.        1998 Amendments.  Act 41 amended subsec. (a) and Act 88     amended subsec. (a).        1995 Amendment.  Act 77 amended subsecs. (h) and (j).        Transfer of Functions.  The powers and duties of the Attorney     General and the Department of Justice contained in section     8502(h) were transferred to the Office of General Counsel by     section 502 of the act of October 15, 1980 (P.L.950, No.164),     known as the Commonwealth Attorneys Act, effective January 20,     1981.        Special Provisions in Appendix.  See section 18 of Act 38 of     2002 in the appendix to this title for special provisions     relating to recertification to Budget Secretary and employers.        References in Text.  The act of June 21, 1957 (P.L.390,     No.212), referred to as the Right-to-Know Law, referred to in     subsec. (e), was repealed by the act of Feb. 14, 2008 (P.L.6,     No.3), known as the Right-to-Know Law.