42 Pa.C.S. Ch. 19

in effect

42 Pa.C.S. § 19 Required membership in State Employees' Retirement System.

County employees transferred to State employment pursuant to 42 Pa.C.S. § 1905 who are annuitants of the State Employees' Retirement System shall be required to be active members of the State Employees' Retirement System and shall have their annuities stopped pursuant to 71 Pa.C.S. §§ 5301(d) and 5706, governing annuitants of the State Employees' Retirement System who return to State service. Upon subsequent termination and application for annuity, the transferred State Employees' Retirement System annuitants shall have their benefits calculated according to the provisions of 71 Pa.C.S. Pt. XXV, regarding annuities after subsequent termination. For purposes of calculating eligibility points for the application of 71 Pa.C.S. § 5706(c)(1), only eligibility points earned after the date of transfer may be included unless the member has converted county service to State service pursuant to 71 Pa.C.S. § 5303.1. If a former annuitant has converted county service to State service, the eligibility points subsequent to the most recent receipt of an annuity that is not returned to the State Employees' Retirement System as a result of the converted service shall also be included in calculating the eligibility points under 71 Pa.C.S. § 5706(c)(1). § 20. Membership terms and conditions. Except as otherwise set forth in this act, county employees who are transferred to State employment pursuant to 42 Pa.C.S. § 1905 shall be subject to the terms and conditions of 71 Pa.C.S. Pt. XXV in the same manner and extent as any other individual commencing State employment who is eligible for the benefits and obligations of Class A membership with a superannuation age of 60 years. § 21. Notification of transfer and certification of credited service. Upon the filing by a county employee transferred to State employment pursuant to 42 Pa.C.S. § 1905 of an election to convert county service to State service, the State Employees' Retirement Board shall notify the appropriate county retirement system or pension plan administrator. Within 30 days of notification, the county retirement system or pension plan administrator shall certify to the State Employees' Retirement Board the total amount of service credited to the electing member's account, and such information on how it was earned or acquired, in the county retirement system or pension plan, including, but not limited to, the nature of the underlying service or legal authority on which the credit was based and the dates covered by the credit as requested by the State Employees' Retirement Board. The administrators, employees, trustees and fiduciaries of all retirement systems or pension plans operated for the transferred employees shall provide whatever information and records are requested by the State Employees' Retirement System within 30 days of the request for the transferred employees. If a county retirement system or pension plan fails to provide the information required by this section, the county shall be subject to a penalty of $100 per day for each of the transferred employees until the information is provided.

42 Pa.C.S. § 1901 Court Administrator of Pennsylvania.

The Supreme Court shall appoint and may remove a Court Administrator of Pennsylvania. Cross References. Section 1901 is referred to in section 102 of this title; section 101 of Title 2 (Administrative Law and Procedure).

42 Pa.C.S. § 1902 Administrative Office of Pennsylvania Courts.

A reference in any statute to the Administrative Office of Pennsylvania Courts shall be deemed a reference to the Court Administrator of Pennsylvania who shall, either personally, by deputy, by other duly authorized personnel of the system, or by duly authorized agent, exercise the powers and perform the duties by statute vested in and imposed upon the Administrative Office. Cross References. Section 1902 is referred to in section 102 of this title.

42 Pa.C.S. § 1903 Staff.

The Supreme Court may appoint such subordinate administrators and staff as may be necessary and proper for the prompt and proper disposition of the business of all courts and magisterial district judges. (Nov. 30, 2004, P.L.1618, No.207, eff. 60 days) 2004 Amendment. See section 29 of Act 207 in the appendix to this title for special provisions relating to construction of law.

42 Pa.C.S. § 1904 Availability of criminal charge information in child custody proceedings.

(a) Establishment of criminal charge information system.--The Administrative Office shall establish and maintain an information system to enable a parent who is a party to a custody proceeding or order to have access to information about the criminal charges filed against the other parent to the custody proceeding or order. The criminal charge information that shall be available for access under this section is limited to the information requested by those parents involved in a custody proceeding or order and for which an application has been filed and verified for access as provided for in this section. (b) Criminal charges enumerated.--The criminal charge information that shall be available on the information system shall be limited to the offenses listed in 23 Pa.C.S. § 5329(a) (relating to consideration of criminal conviction). (c) Application for access to criminal charge information.--To obtain information about charges covered in 23 Pa.C.S. § 5329(a), a parent who has been awarded custody or partial custody or who is a party to a custody proceeding must file an application for access to the information with the office of the prothonotary in the county where the proceeding or order was filed. (1) A person who knowingly gives false information with the intent to gain information provided for under this section commits an offense under 18 Pa.C.S. § 4904(a) (relating to unsworn falsification to authorities). (2) The application must be filed with the prothonotary by one of the following methods: (i) In person, at the office of the prothonotary, by the parent who is filing the application. The applicant must have a valid form of photoidentification available for the inspection of the prothonotary. (ii) By mailing a notarized application using first class mail. (iii) By including the application with the original complaint, initial response or any other pleading or motion filed with the prothonotary. (3) The Administrative Office shall develop the application for access to the criminal charge information system. The following information shall be included in the application: (i) Docket number of original court filing. (ii) Date of filing. (iii) Date of birth of all children involved in the custody proceeding or order. (iv) A personal access code. (v) A notice to the parent that additional information relating to criminal history record information is available, as provided for in 18 Pa.C.S. Ch. 91 (relating to criminal history record information). (vi) A statement verifying that: (A) the person who is filing for access to the criminal charge information system is the actual person listed on the application; (B) to the best of the applicant's knowledge and belief, all the information included in the application is true and correct; and (C) the applicant is a party to the custody proceeding or order that is listed on the application. (vii) A warning as to the penalty under 18 Pa.C.S. § 4904. (viii) Any additional information that it is determined to be necessary to expedite the verification of the application and to provide access to the system, as determined by the Administrative Office. (4) Applications shall be made available through county prothonotaries. (d) Verification of application.--The prothonotary shall verify and transmit the application to the Administrative Office within six business days. (1) Verification consists of checking court records to determine whether there exists an active custody proceeding or valid custody order remaining in effect. (2) The Administrative Office shall determine how the application is to be transmitted. (e) Access.-- (1) Except as provided in this subsection, the charge information system shall be accessible by telephone during regular business hours to parents who have filed a verified application and have been entered into the system. Information relating to the regular business hours of the Administrative Office shall be included with the application. (2) The Administrative Office may interrupt the system for necessary maintenance, the processing and updating of information and the removal of names upon the termination of a custody order. (3) Personal access codes shall remain valid until the youngest child involved in the custody proceeding or order reaches the age of 18. (f) Time for providing access.--The Administrative Office shall provide for access to the criminal charge information system for each qualified individual within one business day of its receipt of the application. Access to the criminal charge information system shall be provided by a telephone service which requires an established fee to be paid by the caller at a cost not to exceed 50¢ per minute. (g) Funds generated.--Funds transmitted to the Administrative Office under sections 1725(c)(2) (relating to establishment of fees and charges) and 1725.1(a.1) (relating to costs) for the implementation of this section and telephone tolls collected under subsection (f) shall be utilized in the following order of priority: (1) To annually operate the system under this section. (2) To build a surplus fund of $50,000 to deal with emergencies and computer upgrading in the operation of the system under this section. (3) To repay to the General Fund appropriations made to operate the system under this section. (4) To the General Fund for use under section 2333(b) of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929. (h) Information available to parent.-- (1) After applying and qualifying to obtain the criminal charge information provided by the system, a parent may request information by telephone as to whether the other parent has been charged with any offense listed in 23 Pa.C.S. § 5329(a). (2) The parent shall also be entitled to criminal history record information as provided for in 18 Pa.C.S. Ch. 91, and the parent shall be informed of the availability. (3) Criminal charge information shall be retained on the system for the period of time as provided for the retention of criminal charges and records under 18 Pa.C.S. Ch. 91 and then only until the youngest child involved in the custody proceeding or order reaches 18 years of age. At no time shall information be retained on the system beyond what is permitted under 18 Pa.C.S. Ch. 91. (i) Information available to counsel and the court.--Information available under this act shall be available to counsel for either parent and to judges who are presiding over custody proceedings involving either parent. (j) Imposition of cost prohibited.--No cost shall be assessed for applying for or acquiring information under this section, except: (1) The cost of telephone toll charges shall be assessed. (2) Costs shall be assessed as provided for in 18 Pa.C.S. Ch. 91. (k) Disclosure restricted.--The contents of all applications and the inquiries made by all parents shall be confidential and shall only be disclosed as authorized in this section. (l) Definition.--As used in this section, the term "parent" means a party to a custody proceeding who has been granted custody, partial custody or visitation with a child or who is a party to a custody proceeding. (Oct. 7, 1996, P.L.691, No.119, eff. 120 days; Nov. 23, 2010, P.L.1106, No.112, eff. 60 days) 2010 Amendment. Act 112 amended subsecs. (b), (c) and (h). 1996 Amendment. Act 119 added section 1904. Cross References. Section 1904 is referred to in sections 1725, 1725.1 of this title; section 5330 of Title 23 (Domestic Relations).

42 Pa.C.S. § 1905 County-level court administrators.

(a) Transition.--Effective on a date established by the Supreme Court, the offices of district court administrators, deputy court administrators, special courts administrators, associate and assistant court administrators and similar positions as currently designated by the Administrative Office of Pennsylvania Courts upon the advice of the respective president judges of the courts of common pleas shall be included within the State judicial personnel system, and the individuals holding such offices shall be compensated by the Commonwealth through the Administrative Office of Pennsylvania Courts from funds appropriated for such purpose. On the established date, individuals holding such offices shall become State employees, and their status as employees of the respective counties shall cease. (b) Compensation.--The Administrative Office of Pennsylvania Courts shall establish salaries and other compensation for those individuals entering the State judicial personnel system pursuant to subsection (a). (c) Compensation plan.--The Administrative Office of Pennsylvania Courts, with the approval of the Supreme Court, shall, consistent with section 1724 (relating to personnel of the system), establish a plan for use on an ongoing basis for compensation of those individuals entering the State judicial personnel system pursuant to subsection (a) and their successors. (d) Vacancies.-- (1) If a vacancy occurs in an office included in the State judicial personnel system pursuant to subsection (a), the vacancy shall be filled by the president judge or, in districts where there are administrative judges, by the president judge after consultation with the administrative judges. (2) The Court Administrator of Pennsylvania, with the approval of the Supreme Court, shall establish standards and qualifications for individuals appointed to fill vacancies under paragraph (1). (e) Reports to appropriations committees.--Consistent with the requirements of section 3531 (relating to budget implementation data), the Court Administrator of Pennsylvania shall make monthly reports to the Chairman and Minority Chairman of the Appropriations Committee of the Senate and the Chairman and Minority Chairman of the Appropriations Committee of the House of Representatives of expenditures for compensation and related expenditures for individuals who are compensated by the Commonwealth pursuant to this section. (June 22, 1999, P.L.75, No.12, eff. imd.) 1999 Amendment. Act 12 added section 1905. See the preamble and sections 18, 19, 20, 21, 22, 24 and 28 of Act 12 in the appendix to this title for special provisions relating to legislative intent, applicability to county court administrators, required membership in State Employees' Retirement System, membership terms and conditions, notification of transfer and certification of credited service, termination of employment and continuation of contributions in county retirement system, transfer of inactive participants or contributors or employees on leave and nonseverability or invalidation. Cross References. Section 1905 is referred to in sections 2392, 2397 of this title; sections 5102, 5301, 5302, 5303.1, 5507, 5903, 5906, 5907, 5953.5 of Title 71 (State Government).

42 Pa.C.S. § 1906 Senior judge operational support grants (Expired).

2017 Expiration. Section 1906 expired June 30, 2017. See Act 79 of 2012.

42 Pa.C.S. § 1906.1 Senior judge operational support grant program.

(a) Continuation.--The Court Administrator of Pennsylvania shall continue the program to defray the costs imposed on counties by the rules of judicial administration for facilities and staff for senior judges assigned to the courts of common pleas. (b) Availability.--Grants shall be made available to counties based on the level of operational support provided by a county to: (1) Senior judges formerly of the judicial district in which the county is situated who are regularly or periodically assigned in that county or who are assigned under section 4544 (relating to convening multicounty investigating grand jury). (2) Visiting senior judges. (c) Purpose.--Grants shall reimburse counties for operational support provided by the county during the preceding calendar year. Grants shall be calculated based on use of judicial chambers, utilization of the services of a law clerk and utilization of the services of a secretary, which chambers or services are deemed adequate and appropriate by the Administrative Office as follows: (1) Use of judicial chambers shall be reimbursed at the rate of $60 per day, billable in one-half-day increments. (2) Utilization of services of a law clerk shall be reimbursed at $20 per hour. (3) Utilization of services of a secretary shall be reimbursed at $12 per hour. (d) Reimbursement.-- (1) Counties shall be reimbursed upon timely application by the board of commissioners or, in the absence of a board of commissioners, the executive authority of the county or, in the case of a county which is coterminous with a city of the first class, the mayor of the city of the first class. (2) The application shall be certified by the president judge of the judicial district in which the county is situated and shall include such documentation as may be required by the Administrative Office. (3) The due dates for applications for operational support provided during each calendar year shall be established by the Court Administrator of Pennsylvania. (e) Minimum standards.--The Administrative Office shall set forth minimum standards regarding adequacy, appropriateness and quality of judicial chambers and services required to qualify for reimbursement. (f) Reduction.--In the event that the total reimbursement qualifying for payment for any calendar year exceeds the amount appropriated by the General Assembly for such purpose, the Court Administrator of Pennsylvania shall proportionally reduce the grant for each county so that the total of all grants does not exceed the amount appropriated. (g) Limit on grant amount.--No county shall receive more than 20% of the amount appropriated for senior judge operational support grants in any fiscal year. (h) Report.--Not later than 60 days following payment of grants for any year, the Court Administrator of Pennsylvania shall make a report to the Appropriations Committee of the Senate and the Appropriations Committee of the House of Representatives setting forth the payments made to counties and the services provided. (Oct. 30, 2017, P.L.802, No.49, eff. imd.) 2017 Amendment. Act 49 added section 1906.1. See section 3 of Act 49 in the appendix to this title for special provisions relating to applicability.

42 Pa.C.S. § 1907 Deteriorated real property education and training program for judges.

The Administrative Office of Pennsylvania Courts may develop and implement annual and ongoing education and training programs for judges, including magisterial district judges, regarding the laws of this Commonwealth relating to deteriorated real property and the economic impact that such properties have upon municipalities. The education and training program shall include, but not be limited to: (1) The importance and connection of code violations and crime. (2) Time-in-fact violations as they relate to code violations. (3) Conduct of witnesses in prosecuting code violations. (4) Limiting continuances in code violations. (5) Use of indigency hearings in the prosecution of code violations. (Oct. 27, 2010, P.L.875, No.90, eff. 180 days) 2010 Amendment. Act 90 added section 1907.

42 Pa.C.S. § 1908 Child abuse and domestic abuse education and training program for judges and court personnel.

(a) Program.--The Administrative Office of Pennsylvania Courts may develop and implement an ongoing education and training program for judges, magisterial district judges and relevant court personnel, including guardians ad litem, counsel for children, masters and mediators regarding child abuse. The education and training program shall include all aspects of the maltreatment of children, including all of the following: (1) Sexual abuse. (2) Physical abuse. (3) Psychological and emotional abuse. (4) Implicit and explicit bias. (5) Trauma and neglect. (6) The impact of child abuse and domestic violence on children. (b) Best practices.--The education and training program under subsection (a) shall include the latest best practices from evidence-based, peer-reviewed research by recognized experts, including Statewide family violence experts, in the types of child abuse specified under subsection (a). The Administrative Office of Pennsylvania Courts shall design the education and training program under subsection (a) to educate and train relevant court personnel on all of the factors listed under 23 Pa.C.S. § 5328(a) (relating to factors to consider when awarding custody) and improve the ability of courts to make appropriate custody decisions that are in the best interest of the child, including education and training regarding the impact of child abuse, domestic abuse and trauma on a victim, specifically a child, and situations when one party attempts to turn a child against another party. (c) Federal grant funding.--The Administrative Office of Pennsylvania Courts shall design the education and training program under subsection (a) to conform with the requirements for increased Federal grant funding under 34 U.S.C. § 10446(k) (relating to State grants). (Apr. 15, 2024, P.L.24, No.8, eff. 120 days) 2024 Amendment. Act 8 added section 1908. See section 1 of Act 8 in the appendix to this title for special provisions relating to findings and declarations.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=42Fetched: 10/16/2026