71 Pa.C.S. Ch. 22

71 Pa.C.S. Ch. 22
in effect

71 Pa.C.S. § 22 Cancellation of service in other retirement systems.

School service and nonschool service that is converted to State service and nonstate service pursuant to 71 Pa.C.S. § 5303.2 shall be canceled in all other retirement systems in which it was previously credited and shall lose all characteristics of school or nonschool service. Benefits and eligibility for benefits in the Public School Employees' Retirement System shall be modified as set forth in this act. The Public School Employees' Retirement Board shall not be obligated to pay benefits pursuant to the Public School Employees' Retirement Code or any other law based upon service converted to State service or nonstate service, except to the extent necessary to fund the benefits provided for under this act. The Public School Employees' Retirement Board shall provide such information regarding its members and former members as requested by the State Employees' Retirement Board for the administration and implementation of this act. § 23. Statements or estimates of benefits. Notwithstanding the provisions of 71 Pa.C.S. § 5903(b), the statement for each member prepared by the State Employees' Retirement Board for the period ending December 31, 2002, and any other statements or estimates of benefits prepared by the board pursuant to the State Employees' Retirement Code from the effective date of this section to June 30, 2003, need not reflect the provisions of this act. § 24. Obligation to make payments within specified time periods. Notwithstanding the provisions of 71 Pa.C.S. Pt. XXV, the obligation of the State Employees' Retirement Board to make payments within specified time periods of the receipt of applications for benefits or other information shall not apply from the effective date of this section to June 30, 2003. § 25. Transfers from Public School Employees' Retirement System. Contributions and other money transferred from the Public School Employees' Retirement System to the State Employees' Retirement System shall retain the same attributes for Federal, State and local tax laws to the extent allowed by law. § 26. Legislative intent. It is the expressed intention of the General Assembly that this act is to provide credit in the State Employees' Retirement System for service credited in the Public School Employees' Retirement System that was not transferred to the State Employees' Retirement System or converted to State service or nonstate service by section 913-B of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929. Service converted or transferred pursuant to section 913-B of that act shall not be creditable in the State Employees' Retirement System more than once and shall not be creditable as State service or nonstate service under this act. Service claimed to be creditable in the State Employees' Retirement System by former employees of the Department of Education that were transferred to the Department of Corrections by section 913-B of that act and that has been denied by the State Employees' Retirement System shall be creditable to the extent allowed by this act, as interpreted by the State Employees' Retirement Board, but to the extent claimed and creditable under this act shall result in a waiver of claims for credit under section 913-B of that act. 2002, DECEMBER 30, P.L.2082, NO.234 § 6. Payments under benefits completion plan. No payments from the plan authorized by 71 Pa.C.S. § 5941 shall be made until the first calendar month beginning 90 days following the receipt by the State Employees' Retirement Board of a determination by the Internal Revenue Service that the plan established by the State Employees' Retirement Board conforms with section 415(m) of the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 415(m)) and such regulations as may have been promulgated thereunder and until the assets of the plan as provided in 71 Pa.C.S. § 5941 are sufficient to satisfy the plan's projected liabilities in the following year. Explanatory Note. Act 234 amended or added sections 5303, 5708.7 and 5941 of Title 71. 2006, OCTOBER 27, P.L.1177, NO.120 § 3. Authority of Auditor General. Nothing in this act shall be construed or deemed to affect the authority of the Auditor General to obtain copies of any record, material or data described with a lawfully conducted audit. Explanatory Note. Act 120 amended sections 5102 and 5902 of Title 71. § 4. Construction of law for release of records, etc. Nothing in this act shall be construed or deemed to imply that the release or making public of any record, material or data described in 71 Pa.C.S. § 5902(e)(2) as not being a public record is a violation of the State Employees' Retirement Board's fiduciary duties.

71 Pa.C.S. § 2201 Transfer of duties.

Beginning on the effective date of this section, the Office of Administration shall perform the duties conducted by the commission and the director under the Civil Service Act, except sections 950 and 951(a), (b) and (c) of the Civil Service Act. Cross References. Section 2201 is referred to in section 2202 of this title.

71 Pa.C.S. § 2202 Duties of Office of Administration.

(a) Duties.--The Office of Administration shall have the power and duty to implement and administer this part as follows: (1) Perform the duties conducted, prior to the effective date of this section, by the commission and the director under section 2201 (relating to transfer of duties). (2) Direct and supervise the administrative work of merit system employment. (3) Appoint staff to classified service positions necessary to carry out the provisions of this part. (4) Provide merit system employment for the Commonwealth in accordance with this part. (5) Advertise, on the Office of Administration's publicly accessible Internet website and in each Office of Administration announcement and advertisement, that: (i) veterans' preference is the law of this Commonwealth; (ii) to determine standing on each certified eligibility list, an additional 10 points shall be applied to the final examination score obtained by a veteran, in accordance with 51 Pa.C.S. § 7103 (relating to additional points in grading civil service examinations); and (iii) the same preferential rating given to veterans under this chapter shall be extended to include spouses of deceased or disabled veterans, in accordance with 51 Pa.C.S. § 7108 (relating to preference of spouses). (6) Administer this part, except for Chapters 30 (relating to State Civil Service Commission and director) and 31 (relating to hearings and records). (7) Request assistance from State departments, agencies, boards or commissions, if necessary. (8) Cooperate with other civil service agencies. (9) Investigate as requested by the Governor or the General Assembly and to report on the investigation. (10) Investigate, notwithstanding any other provision of this part, personnel action taken under this part and hold public hearings, record findings and conclusions and order action to assure observance of this part. (11) Administer oaths and require testimony and the production of documents and records. (12) Appoint a special advisor for veterans' programs who shall be a veteran and who will: (i) ensure compliance under this part with the provisions of 51 Pa.C.S. Pt. V (relating to employment preferences and pensions); and (ii) promote and implement policies to increase the awareness and understanding of the value of recruiting, hiring and retaining veterans for the Commonwealth workforce under this part. (b) Oaths, testimony and documents.--The following shall apply: (1) The Secretary of Administration and any other employee or agency authorized by the secretary shall have the power to administer oaths in matters pertaining to the work of the Office of Administration under this part. (2) The Office of Administration shall have the power to secure by subpoena the attendance and testimony of witnesses and the production of documents and records. (c) Authority of court.--A judge of a court of record shall, upon proper application of the Office of Administration, compel the attendance of witnesses, the production of documents and records and the giving of testimony before the Office of Administration in the same manner as the production of evidence may be compelled before the court.

71 Pa.C.S. § 2203 Regulations.

(a) Authority.--The Office of Administration may promulgate regulations necessary to carry out the provisions of this part. (b) Temporary regulations.-- (1) In order to facilitate the prompt implementation of this part, the Office of Administration may promulgate temporary regulations which shall expire no later than three years following the publication of the temporary regulations. The Office of Administration may promulgate temporary regulations not subject to: (i) Sections 201, 202, 203, 204 and 205 of the act of July 31, 1968 (P.L.769, No.240), referred to as the Commonwealth Documents Law. (ii) Section 204(b) of the act of October 15, 1980 (P.L.950, No.164), known as the Commonwealth Attorneys Act. (iii) The act of June 25, 1982 (P.L.633, No.181), known as the Regulatory Review Act. (2) The authority provided to the Office of Administration to adopt temporary regulations under paragraph (1) shall expire three years following the publication of the temporary regulations. Regulations adopted after this period shall be promulgated as provided by law. 2018 Amendment. Act 71 added section 2203, effective immediately as to subsec. (b) and nine months as to the remainder of the section. See section 3 of Act 71 in the appendix to this title for special provisions relating to continuation of prior law and applicability.

71 Pa.C.S. § 2204 Federal standards.

(a) Duty.--Notwithstanding any other provision of this part, the Commonwealth and its political subdivisions shall take action with respect to matters involving personnel administration as necessary to ensure the continued eligibility of the Commonwealth and its political subdivisions for Federal grants-in-aid. (b) Prohibition.--Notwithstanding any other provision of this part, a State program which is required to have the State program's positions under a merit system because of the receipt of Federal grants-in-aid may not have more positions in the unclassified service than are allowed by Federal merit system standards.

71 Pa.C.S. § 2205 Legislative representation for collective bargaining (Repealed).

2019 Repeal. Section 2205 was repealed November 27, 2019, P.L.667, No.92, effective in 60 days.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=71Fetched: 10/16/2026

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