5505 - Contributions for the purchase of credit for creditable nonstate service.

     § 5505.  Contributions for the purchase of credit for creditable                nonstate service.        (a)  Source of contributions.--The total contributions to     purchase credit for creditable nonstate service of an active     member or eligible school employee shall be paid either by the     member, the member's previous employer, or by some agreed upon     combination of the member, his previous employer, and, if     specifically provided, the Commonwealth.        (b)  Nonintervening military service.--            (1)  The amount due for the purchase of credit for        military service other than intervening military service        shall be determined by applying the member's basic        contribution rate, the additional contribution rate plus the        Commonwealth normal contribution rate for active members at        the time of entry, subsequent to such military service, of        the member into State service to his average annual rate of        compensation over the first three years of such subsequent        State service and multiplying the result by the number of        years and fractional part of a year of creditable        nonintervening military service being purchased together with        statutory interest during all periods of subsequent State and        school service to date of purchase. Upon application for        credit for such service, payment shall be made in a lump sum        within 30 days or in the case of an active member or eligible        school employee who is an active member of the Public School        Employees' Retirement System it may be amortized with        statutory interest through salary deductions in amounts        agreed upon by the member and the board. The salary deduction        amortization plans agreed to by members and the board may        include a deferral of payment amounts and statutory interest        until the termination of school service or State service as        the board in its sole discretion decides to allow. The board        may limit salary deduction amortization plans to such terms        as the board in its sole discretion determines. In the case        of an eligible school employee who is an active member of the        Public School Employees' Retirement System, the agreed upon        salary deductions shall be remitted to the Public School        Employees' Retirement Board, which shall certify and transfer        to the board the amounts paid. Application may be filed for        all such military service credit upon completion of three        years of subsequent State service and shall be credited as        Class A service.            (2)  Applicants may purchase credit as follows:                (i)  one purchase of the total amount of creditable            nonintervening military service; or                (ii)  one purchase per 12-month period of a portion            of creditable nonintervening military service.        The amount of each purchase shall be not less than one year        of creditable nonintervening military service.        (c)  Intervening military service.--Contributions on account     of credit for intervening military service shall be determined     by the member's contribution rate, the additional contribution     rate which shall be applied only to those members who began     service on or after the effective date of this amendatory act     and compensation at the time of entry of the member into active     military service, together with statutory interest during all     periods of subsequent State and school service to date of     purchase. Upon application for such credit the amount due shall     be certified in the case of each member by the board in     accordance with methods approved by the actuary, and     contributions may be made by:            (1)  regular monthly payments during active military        service; or            (2)  a lump sum payment within 30 days of certification;        or            (3)  salary deductions in amounts agreed upon by the        member or eligible school employee who is an active member of        the Public School Employees' Retirement System and the board.     The salary deduction amortization plans agreed to by members and     the board may include a deferral of payment amounts and     statutory interest until the termination of school service or     State service as the board in its sole discretion decides to     allow. The board may limit salary deduction amortization plans     to such terms as the board in its sole discretion determines. In     the case of an eligible school employee who is an active member     of the Public School Employees' Retirement System, the agreed     upon salary deductions shall be remitted to the Public School     Employees' Retirement Board, which shall certify and transfer to     the board the amounts paid.        (d)  Nonmilitary and nonmagisterial service.--Contributions     on account of credit for creditable nonstate service other than     military and magisterial service shall be determined by applying     the member's basic contribution rate, the additional     contribution rate plus the Commonwealth normal contribution rate     for active members at the time of entry subsequent to such     creditable nonstate service of the member into State service to     his compensation at the time of entry into State service and     multiplying the result by the number of years and fractional     part of a year of creditable nonstate service being purchased     together with statutory interest during all periods of     subsequent State and school service to the date of purchase.     Upon application for credit for such service payment shall be     made in a lump sum within 30 days or in the case of an active     member or eligible school employee who is an active member of     the Public School Employees' Retirement System it may be     amortized with statutory interest through salary deductions in     amounts agreed upon by the member and the board. The salary     deduction amortization plans agreed to by members and the board     may include a deferral of payment amounts and statutory interest     until the termination of school service or State service as the     board in its sole discretion decides to allow. The board may     limit salary deduction amortization plans to such terms as the     board in its sole discretion determines. In the case of an     eligible school employee who is an active member of the Public     School Employees' Retirement System, the agreed upon salary     deduction shall be remitted to the Public School Employees'     Retirement Board, which shall certify and transfer to the board     the amounts paid.        (e)  Philadelphia magisterial service.--Contributions on     account of credit for service as a magistrate of the City of     Philadelphia shall be determined by the board to be equal to the     amount he would have paid as employee contributions together     with statutory interest to date of purchase had he been a State     employee during his period of service as a magistrate of the     City of Philadelphia. The amount so determined by the State     Employees' Retirement Board to be paid into the State Employees'     Retirement System shall be the obligation of the judge who     requested credit for previous service as a magistrate of the     City of Philadelphia; in no event shall such amount be an     obligation of the City of Philadelphia or the City of     Philadelphia retirement system.        (f)  Temporary Federal service.--Contributions on account of     credit for service as a temporary Federal employee assigned to     an air quality control complement for the Department of     Environmental Resources during the period of 1970 through 1975,     as authorized in section 5304(c)(5) (relating to creditable     nonstate service), shall be equal to the full actuarial cost of     the increased benefit obtained by virtue of the purchase. The     increased benefit attributable to the purchased service shall be     the difference between:            (1)  the annual amount of a standard single life annuity,        beginning at the earliest possible superannuation age,        calculated assuming no future salary increases, assuming        credit for the service to be purchased; and            (2)  the annual amount of a standard single life annuity,        calculated on the same basis, but excluding credit for the        service to be purchased.     The earliest possible superannuation age shall be the age at     which the member becomes first eligible for superannuation     retirement assuming continued full-time service and credit for     the amount of service which the member has elected to purchase,     or the current attained age of the member, whichever is later.     The full actuarial cost of the increased benefit attributable to     the purchased service shall be the actuarial present value of a     deferred annuity equal to the amount of the increased benefit     determined above, beginning at the earliest possible     superannuation age and payable for life, calculated using a     preretirement interest assumption of 1.5%, a postretirement     interest assumption of 4%, no preretirement mortality assumption     and standard postretirement mortality assumptions. The purchase     payment shall be made in lump sum by the member within 30 days     of certification by the board of the required purchase amount or     may be amortized through salary deductions in amounts agreed     upon by the member and the board with interest payable on the     unpaid balance at the rate applicable to the most recently     issued 30-year bonds of the United States Treasury Department.        (g)  Justice of the peace service.--Contributions on account     of credit for service as a justice of the peace shall be     determined by the board to be equal to the amount he would have     paid as employee contributions together with statutory interest     to date of purchase had he been a State employee during his     period of service as a justice of the peace for the Commonwealth     plus the amount determined by applying the Commonwealth normal     contribution rate for active members at the beginning of the     district justice system as of January 1970 to the starting     salary of the district justice for the magisterial district in     which the member was elected dating from the beginning of the     district justice system as of January 1970 and multiplying the     result by the number of years and fractional part of a year of     creditable service being purchased together with statutory     interest from entry into State service as a district justice to     the date of purchase. The amount so determined by board to be     paid into the system shall be the obligation of the justice who     requested credit for previous service as a justice of the peace     for the Commonwealth prior to 1970. A justice of the peace     desiring to purchase his or her service time prior to 1970 shall     have been elected or appointed a district justice any time     during or after 1970. The class of service credit a member shall     receive upon entry into the system shall be determined by the     time of his entry into the district justice system. It shall be     incumbent upon the district justice to certify to the board with     a copy of his commission or commissions the amount of time that     he served the Commonwealth as a justice of the peace. The salary     dollar amount that shall be used in the formula for determining     the member's contributions shall be equal to the starting salary     of the district justice for the magisterial district in which he     was elected, dating from the beginning of the district justice     system as of January 1970. In no event shall such an amount be     the obligation of the Commonwealth or the county in which the     justice served.        (h)  County service.--For purposes of this section, Class G,     Class H, Class I, Class J, Class K, Class L, Class M and Class N     service shall be disregarded in determining when a member enters     State service or the period of subsequent State service.     (Oct. 7, 1975, P.L.348, No.101, eff. imd.; July 22, 1983,     P.L.104, No.31, eff. imd.; June 13, 1985, P.L.40, No.19, eff.     imd.; Oct. 21, 1988, P.L.844, No.112, eff. Jan. 1, 1989; Aug. 5,     1991, P.L.183, No.23, eff. imd.; Apr. 29, 1994, P.L.159, No.29,     eff. 60 days; June 22, 1999, P.L.75, No.12, eff. imd.; May 17,     2001, P.L.26, No.9, eff. July 1, 2001)        2001 Amendment.  Act 9 amended subsecs. (b), (c) and (d).        1999 Amendment.  Act 12 added subsec. (h). See section 26 of     Act 12 in the appendix to this title for special provisions     relating to Federal, State and local tax laws.        1991 Amendment.  Act 23 added subsec. (g).        1988 Amendment.  Act 112 added subsec. (f).        1983 Amendment.  See section 10 of Act 31 in the appendix to     this title for special provisions relating to waiver of     actuarial note requirement for retirement bills.        References in Text.  The Department of Environmental     Resources, referred to in subsec. (f), was abolished by Act 18     of 1995. Its functions were transferred to the Department of     Conservation and Natural Resources and the Department of     Environmental Protection.        Cross References.  Section 5505 is referred to in sections     5303, 5304, 5903, 5904, 5933 of this title.