71 Pa.C.S. Ch. 23

in effect

71 Pa.C.S. § 23 Effect of Act 120 on Part XXV.

Nothing in this act shall be construed or deemed to imply that any interpretation or application of the provisions of 71 Pa.C.S. Pt. XXV or benefits available to members of the State Employees' Retirement System was not in accordance with the provisions of 71 Pa.C.S. Pt. XXV or other applicable law prior to the effective date of this section. It is the express intent of the General Assembly that nothing in this act shall be construed to grant to or be deemed to imply that this act expands, contracts or otherwise affects any contractual rights, either expressed or implied, or any other constitutionally protected rights, in the terms and conditions of the State Employees' Retirement System or other pension or retirement benefits as a State employee, including, but not limited to, benefits, options, rights or privileges established by 71 Pa.C.S. Pt. XXV for any current or former State employees. § 24. Construction and administration of Act 120. This act shall be construed and administered in such a manner that the State Employees' Retirement System will satisfy the requirements necessary to qualify as a qualified pension plan under section 401(a) and other applicable provisions of the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 1 et seq.). The rules, regulations and procedures adopted and promulgated by the State Employees' Retirement Board under 71 Pa.C.S. § 5902(h) may include those necessary to accomplish the purpose of this section.

71 Pa.C.S. § 2301 Examinations requisite for appointment and promotion.

(a) General rule.--Except as otherwise provided in this chapter, the appointment of an individual entering the classified service or promoted in the classified service shall be from an eligible list established as the result of examinations given by the Office of Administration to determine the relative merit of candidates. Examinations may be written and shall be competitive and open to each individual who may be lawfully appointed to the position within the class for which the examinations are held. An individual in an unskilled position shall enter the classified service by promotion without examination in accordance with the following: (1) The individual shall enter the classified service if: (i) The promotion is into a classified position immediately above the individual's own position. (ii) The promotion is based on seniority and meritorious service. (iii) The individual meets the minimum requirements for that position. (iv) The individual satisfactorily completes a six-month probationary period in the classified position. (2) If no individuals in the unskilled positions meet the requirements under paragraph (1), the vacant position may be filled under this chapter. (b) Requirements.--The following apply: (1) An individual applying for a position or promotion in the classified service shall be a resident of this Commonwealth or former resident of this Commonwealth who meets the requirements of this subsection and, if applicable, of the district. (2) A former resident of this Commonwealth shall be eligible if the individual: (i) relocated out of State for academic or employment purposes; (ii) plans to establish Commonwealth residency within six months of beginning employment in the classified service; and (iii) has done one of the following: (A) Graduated from a public, private or nonpublic secondary school in this Commonwealth or satisfied the requirements of sections 1327 and 1327.1 of the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, within five years of applying for a position in the classified service. (B) Satisfied the requirements of sections 1327 and 1327.1 of the Public School Code of 1949 or attended a public, private or nonpublic school in the Commonwealth at least 80% of the time while enrolled in grades one through twelve and attended the school within five years of applying for a position in the classified service. (C) Graduated or attended a public, private or nonpublic secondary school in the Commonwealth or satisfied the requirements of sections 1327 and 1327.1 of the Public School Code of 1949 and graduated from a postsecondary institution in the Commonwealth within five years of applying for a position in the classified service. (3) Notwithstanding any other provision of this chapter, if an appointing authority finds a lack of qualified individuals available for appointment to a particular class or classes of positions, the appointing authority may present evidence of the lack of qualified personnel to the Office of Administration, which may waive the residence requirements for the class or classes of positions. (c) Eligible lists.--The Office of Administration shall prepare the proper State and district eligible lists. If, after an examination has been conducted for a class of positions, there is no individual with legal residence in a district remaining on the register, the Office of Administration shall certify and the appointing authority may make the appointment or promotion from the names of individuals on an appropriate eligible list for the same class of positions of other districts. Qualifications as permitted by law may be specified in the regulations and in the announcements of the examinations. All applications for positions in the classified service shall be subject to the penalties of 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities). (d) Limitation of competition.--The Office of Administration may limit competition in promotion examinations to employees in the classified service who have completed a probationary period in a class or classes designated in the public notice of the examinations and may permit promotions to be accomplished by any one of the following plans: (1) Appointment from open competitive lists. (2) Achieving a place on an eligible list after a promotional examination given at the request of the appointing authority. (3) Promotion based upon meritorious service and seniority to be accomplished by appointment without examination if the individual has completed the probationary period in the next lower position and meets the minimum requirements for the higher position. (e) Preference.--To the extent permitted by law, when all applicants for appointment and promotion to a position in the classified service are equally qualified, preference shall be shown to applicants who are United States citizens over those who are not United States citizens.

71 Pa.C.S. § 2302 Nature of examinations.

(a) General rule.--Examinations shall be conducted to establish employment and promotion lists. Examinations may be: (1) Written or oral. (2) A demonstration of skill. (3) An evaluation of experience and education. (4) A combination of paragraphs (1), (2) and (3) which fairly appraise the fitness and ability of competitors. (b) Method of examination.--The appointing authority shall select the method of examination that will be used for the individual position or the class of positions for which the employment or promotion list is being established. The examinations shall: (1) Be practical in nature. (2) Relate to the duties and responsibilities of the position for which the applicant is being examined. (3) Fairly test the relative capacity and fitness of individuals examined to perform the duties of the position or class of positions to which the individuals seek to be appointed or promoted. (c) Qualifications.--An applicant may be required to possess scholastic education qualifications only if the position for which the applicant is being examined requires professional or technical knowledge, skills and abilities or if the scholastic qualifications are required to ensure the continued eligibility of the Commonwealth for Federal grants-in-aid. No greater credit for experience gained during a provisional, emergency or temporary appointment under this chapter shall be given to an individual in an examination than is given for experience in the same type of work performed in a similar position not under the provisions of this chapter. (d) Military service.--In evaluating experience in order to compute the final rating in an examination to establish eligible lists, an individual discharged other than dishonorably after active service during a war or armed conflict in which the United States engaged, from a branch of the armed forces of the United States or from a women's uniformed service directly connected with the armed forces of the United States, may not be given less credit for experience than would be given for continued experience in the position held at the time of induction into the service. (e) Discriminatory questions prohibited.--No question in an examination shall relate to the race, gender, religion, disability or political or labor union affiliation of the candidate.

71 Pa.C.S. § 2303 Holding examinations and rating competitors.

The Office of Administration shall prepare and hold examinations rating the work of competitors and prepare the resulting eligible lists. Individuals not on the regular staff of the Office of Administration may be called on for assistance.

71 Pa.C.S. § 2304 Public notice of examinations.

The Office of Administration shall give public notice of all examinations for positions or promotions in the classified service at least two weeks in advance of the final date for filing applications.

71 Pa.C.S. § 2305 Ratings of competitors.

(a) Computation of rating.--The final earned rating of an individual competing in an examination shall be attained by computing the ratings for each part or parts of the examination, the qualifying point for which is set by the Office of Administration, according to weights for each test. (b) Notification.--The Office of Administration shall provide notice by e-mail or other communication or method, if available, or, alternatively, by United States mail, to all competitors informing them whether they have attained a place on the eligible list and informing those who have attained a place on the eligible list of the number of individuals who took the examination, the number of individuals on the eligible list and the individual's relative standing on the eligible list.

71 Pa.C.S. § 2306 Establishment of eligible lists.

The Office of Administration shall establish and maintain eligible lists as are necessary or desirable to meet the needs of the service. The eligible lists shall contain the names of each individual who has qualified for and successfully passed the examination. The eligible list shall be arranged in the order of final earned ratings.

71 Pa.C.S. § 2307 Duration of eligible lists.

(a) Duration.--The duration of an eligible list shall be fixed by the Office of Administration. An existing eligible list shall terminate upon the establishment of an appropriate, new, eligible list unless otherwise prescribed by the Office of Administration. (b) Utilization of current eligible lists.--Appointing authorities shall utilize eligible lists from the date of the establishment of the eligible list until exhausted, canceled by the Office of Administration or replaced by more recently prepared eligible lists. (c) Correction and revision.--The Office of Administration may correct clerical errors occurring in connection with the preparation of an eligible list and revise the eligible list accordingly. No individual who has been appointed as the result of certification from the eligible list shall be displaced by the action. (d) Cancellation.--The Office of Administration shall have the power, after giving notice as required in this part and after a public hearing, to cancel the whole or a part of an eligible list on account of illegality or fraud in connection with the eligible list.

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