71 Pa.C.S. Ch. 33

71 Pa.C.S. Ch. 33
in effect

71 Pa.C.S. § 33 Requirements for qualification as qualified pension plan.

* * * (b) State employees.--Nothing in this act which amends or supplements provisions of 71 Pa.C.S. Pt. XXV in relation to requirements for qualification of the State Employees' Retirement System as a qualified pension plan under the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. §§ 401(a) and 415(b)) nor any construction of 71 Pa.C.S. Pt. XXV, as so amended or supplemented, or any rules or regulations adopted under 71 Pa.C.S. Pt. XXV shall create in any member of the system or in any other person claiming an interest in the account of any such member a contractual right, either express or implied. The provisions of 71 Pa.C.S. Pt. XXV shall remain subject to the Internal Revenue Code of 1986, as amended, and regulations thereunder as the same may hereafter be amended, and the General Assembly reserves to itself such further exercise of its legislative power to amend or supplement such provisions as may from time to time be required in order to maintain the qualification of such system as a qualified pension plan under section 401(a) of the Internal Revenue Code of 1986.

71 Pa.C.S. § 3301 Transfer of records.

(a) Transfer.--The following, which are in effect on the effective date of this section, shall be transferred from the commission to the Office of Administration on the effective date of this section: (1) Each eligible list previously established or certified. (2) All books, records and documents in paper and electronic form and format. (3) All supplies, materials, equipment and computer hardware and software relating to or used in connection with a merit system in the service of the Commonwealth. (b) Eligible list.-- (1) Each eligible list shall be used for appointments by the Office of Administration in the same manner as provided in this part until examinations have been selected or conducted by the Office of Administration and new eligible lists have been prepared. (2) Individuals whose names remain on an existing eligible list shall be retained on the eligible list for at least 180 days from the date the eligible list was established until the eligible list is replaced by a more recently prepared eligible list. (3) If applications have been filed for examinations or examinations have been held, but no eligible list established in connection with a merit system in the service of the Commonwealth is in effect on the effective date of this section, the applications and examinations transferred to the Office of Administration shall have the same force and effect as if the applications had been filed or the examinations had been held by the Office of Administration. Special Provisions in Appendix. Act 71 of 2018 added section 3301, effective immediately. See section 3 of Act 71 of 2018 in the appendix to this title for special provisions relating to continuation of prior law and applicability.

71 Pa.C.S. § 3302 Status of certain employees.

An individual occupying a position in the classified service which, on the day preceding the effective date of this section, was under a type of merit system, including a merit system by virtue of the Civil Service Act, shall be accorded the status the individual held on that date. Nothing in this part shall be construed to remove from the classified service any position which was in the classified service in the service of this Commonwealth immediately prior to the effective date of this section.

71 Pa.C.S. § 3303 Veterans' preference.

Nothing in this part shall be construed to repeal or supersede the provisions of 51 Pa.C.S. Pt. V (relating to employment preferences and pensions).

71 Pa.C.S. § 3304 Audits of application of veterans' preference.

The commission shall conduct audits of appointments and changes in employment in the classified service to ensure strict compliance with 51 Pa.C.S. Pt. V (relating to employment preferences and pensions).
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