Section 243.10. Eligibility for annuities

(a) An active member or an inactive member on leave without pay, whose original date of membership is prior to October 7, 1975, who achieves superannuation age, irrespective of service, shall be eligible to receive a superannuation annuity or death benefit based thereon. An active member or an inactive member on leave without pay, whose effective date of original membership is October 7, 1975, or thereafter, shall be entitled to a superannuation annuity or death benefit only if he has 3 or more years of credited State or School service or State and School service.

(b) An annuity shall be based upon proper eligibility points only and, in the event a vestee or active member does not have sufficient eligibility points to qualify for benefits, he shall be entitled to a refund of his accumulated deductions standing at the time the application for benefits is made, or sooner, if the member provides prior notification to the Board.

(c) This section shall apply in the case of cancellation of eligibility points under the provisions of § 243.4(a) (relating to credited State service) and in any other case where the Board finds that the State or nonstate service was improperly credited.

The provisions of this § 243.10 adopted March 12, 1976, 6 Pa.B. 449.