5708.4 - Special supplemental postretirement adjustment.

     § 5708.4.  Special supplemental postretirement adjustment.        (a)  Eligibility.--An annuitant who:            (1)  retired after February 28, 1974, and before January        1, 1985;            (2)  has military service as set forth in section        5304(c)(1) or (2) (relating to creditable nonstate service);            (3)  is receiving or will receive retirement pay under 10        U.S.C. Ch. 67 (relating to retired pay for nonregular        service) for this military service; and            (4)  has not purchased nonstate service credit for this        military service;     shall be eligible for this special supplemental postretirement     adjustment.        (b)  Calculation of adjustment.--The monthly amount of this     special supplemental postretirement adjustment shall be equal to     the final average salary multiplied by 2% multiplied by the     years of this military service divided by 12 multiplied by any     applicable early retirement or option factors.        (c)  Adjustment paid.--Upon receipt of a timely request by an     eligible annuitant, the system shall pay this special     supplemental postretirement adjustment monthly from the     effective date of this section.        (d)  Adjustment enacted after death of annuitant.--No special     supplemental postretirement adjustment enacted after the death     of an annuitant shall be payable to the beneficiary or survivor     annuitant of the deceased annuitant.        (e)  Future supplemental annuities.--This special     supplemental postretirement adjustment shall be included in the     total annuity, and this military service shall be included in     the total credited service in determining all future     supplemental annuities.        (f)  Time limitations.--An annuitant who is eligible for this     special supplemental postretirement adjustment shall have two     years from the effective date of this section within which to     make a request to the system for the adjustment established in     this section.        (g)  Court-ordered purchase of nonstate service.--If a court     of competent jurisdiction rules that an annuitant who is     receiving or will receive retirement pay under 10 U.S.C. Ch. 67     for this military service is eligible under section 5304(c)(1)     or (2) to purchase nonstate service credit for this military     service, this special supplemental postretirement adjustment     shall stop with the annuitant's purchase of nonstate service     credit for this military service, and the total amount of this     special supplemental postretirement adjustment paid to the     annuitant from the effective date of this section shall be     subtracted from any increase in the annuity caused by the court-     ordered purchase of nonstate service credit for this military     service.     (Dec. 18, 1996, P.L.1115, No.167, eff. imd.)        1996 Amendment.  Act 167 added section 5708.4. Section 3 of     Act 167 provided that Act 167 shall be retroactive to January 1,     1974, only for the purpose of determining eligibility to receive     special supplemental postretirement adjustments, and section 4     of Act 167 provided that no payments under section 5708.4 shall     be made to any eligible annuitant for any period of time prior     to the effective date of Act 167.        Cross References.  Section 5708.4 is referred to in sections     5508, 5708.5, 5708.6, 5708.7, 5708.8, 5938 of this title.