Section 213.24. Contributions for the purchase of credit for creditable school and nonschool service

(a) Source of contributions. As provided in sections 8303 and 8304 of the Retirement Code (relating to eligibility points for retention and reinstatement of service credits; and creditable nonschool service), creditable school and nonschool service shall be purchased entirely by the member, except in the following cases:

(1) In the case of former uncredited school service, when an employer has failed to credit service through administrative error, the employer is required to pay its share of the contributions for the service, although the active member is responsible for the member’s share.

(2) In the case of service rendered by an active member to a county board of school directors, now designated an intermediate unit, the member is only responsible for the purchase of the member’s share for the previous service rendered to the county board of directors.

(3) Except for sabbatical leaves of absence, in the case of approved leaves of absence, the employee is required to pay for the purchase of creditable nonschool service, both the member’s share and the employer’s share if it is purchased after the leave of absence has expired. If the employer reports the leaves currently based on the employee’s salary as if the employee had been in full-time employment during the leave period, the employee is only required to pay the employee share, whereupon the employer has a corresponding liability based on normal contribution rate.

(b) Contributions for purchase of nonintervening military service. The amount due for the purchase of nonintervening military service shall be calculated as follows: The average of the first 3 years’ salaries subsequent to the military service, multiplied by the sum of the member’s basic contribution rate and the normal contribution rate as determined by section 8328 of the Retirement Code (relating to actuarial cost method), relating to Commonwealth and district shares, and multiplied by the number of years or fractional years of military service. All amounts certified by the Board for the purchase of the service shall be in accordance with methods approved by the actuary. Nonintervening military service may not be purchased unless the active member has received at least 3 years of salary and completed at least 3 years of subsequent credited school service as either a Class T-C or Class T-D member.

(c) Contributions for purchase of intervening military service. An active member eligible to purchase credit for intervening military service shall pay the amount due in accordance with the following formula: The member’s basic contribution rate at the time of entry into the active military service multiplied by the member’s then compensation and by years of the military service together with statutory interest during all periods of subsequent school and State service to the date of purchase, if all the amounts due shall be in accordance with methods certified and approved by the actuary.

(d) Contributions for purchase of other creditable nonschool service. An active member shall pay the amount due for creditable nonschool service in accordance with the following formula: The member’s basic contribution rate plus the normal contribution rate, applied to the member’s first year salary of credited school service subsequent to the creditable nonschool service sought to be purchased, multiplied by the number of years or fractional parts of a year of the service purchased, together with statutory interest during all subsequent years of school or State service to the date of purchase. This formula for purchase does not apply in the case of purchase of creditable nonschool service rendered to a county board of school directors. In this event, the member shall only pay the amount due based on the member’s basic contribution rate exclusive of the normal contribution rate.

(e) Retirement Code reference: Section 8324 of the Retirement Code (relating to contributions for purchase of credit for creditable nonschool service).

The provisions of this § 213.24 amended October 16, 1998, effective October 17, 1998, 28 Pa.B. 5226; amended May 10, 2002, effective May 11, 2002, 32 Pa.B. 2326; amended August 1, 2008, effective August 2, 2008, 38 Pa.B. 4083. Immediately preceding text appears at serial pages (288190) to (288192).

Notation

Authority

The provisions of this § 213.24 amended under the Public School Employees’ Retirement Code, 24 Pa.C.S. § § 8502(h) and 8507(d).

Notes of Decisions

Subsection (a) contemplates that employe contributions serve as full payment for employes’ purchases of prior service credits for retirement benefits and, except for instances specified therein, neither mandate nor warrant employer contributions. Board of School Directors for Tredyffrin/Easttown School District v. Public School Employees’ Retirement Board, 430 A.2d 1018 (Pa. Cmwlth. 1981), appeal docketed No. 81-2-266 (Pa. 1981).