Section 243.6. Creditable nonstate service

(a) Nonintervening military service. Credit for nonintervening military service will be available for all qualified military service actually rendered, as defined in this section, for which purchase shall be requested but, in no event, exceeding 5 years of the service, provided the member has 3 years of credited State service subsequent to the military service for which credit is requested. Members shall be limited to one purchase of not less than 1 year of the nonintervening military service unless the total service actually rendered was less than 1 year.

(b) Ineligibility for nonintervening military service. A member is not eligible for credit for nonintervening military service if the service entitles him to receive now or in the future, or if he is receiving, retirement benefits for service under another governmental agency or private employer, including a retirement program approved by the employer, under section 5301(a)(12) of the code (relating to mandatory and optional membership), irrespective of the fact that the member may have actual military service in excess of the minimum amount necessary to qualify him for a Federal pension. The crediting of nonintervening military service will be available to anyone, including one who is or was in a National Guard or any other reserve component who, at the time of application is uncertain, because of length of service, whether he would be eligible for retirement benefits for the service from the Federal government or any other governmental agency, private employer or employer approved plan provided under section 5301(a)(12) of the code, at that time or in the future; provided that the crediting of the service may be cancelled, and the accumulated deductions attributable thereto, refunded to the member if, at the time of retirement or termination of service, or earlier, if the Board is so notified by the member, it is found that the member would be entitled to retirement benefits from the other public or private pension plans for the military service. The Board may require the member to furnish such information as it deems necessary to determine the eligibility of a member for the purchase of nonintervening military service or for the cancellation thereof.

(c) Active military service. Military service shall be limited to active military service rendered only to the Armed Forces of the United States.

(d) Ineligibility for creditable nonstate service. Creditable nonstate service in any public school or educational institution in any other state or territory or area under United States jurisdiction or service as an administrator, teacher or instructor in the field of education rendered to an agency or department of the United States Government shall exclude service rendered to the CCC, WPA, Peace Corps, VISTA, among others, or service entitling an employe to receive, now or in the future, any private employer or governmental pension or other employer approved pension program funded, in whole or in part, by any such employer. The Board will, in all instances, determine eligibility for creditable nonstate service.

(e) Restrictions. Creditable nonstate service under section 5304(c)(4) of the code (relating to creditable nonstate service) shall be limited to those State employes whose service with prior governmental employers was transferred or absorbed by the Commonwealth under the provisions of prior law.

(f) Active members. Reinstatement of creditable service and the purchase of creditable State and nonstate service shall be available only to active members as set forth in § 241.1 (relating to definitions). The creditable service shall also be available to active multiple service members under sections 5303 and 5304 of the code (relating to retention and reinstatement of service credits). Duplicate purchases of the service in both the Public School Employes’ Retirement System and this System is prohibited.

The provisions of this § 243.6 amended March 12, 1976, 6 Pa.B. 449; amended August 3, 2001, effective August 4, 2001, 31 Pa.B. 4170. Immediately preceding text appears at serial pages (232848) to (232849).

Notation

Notes of Decisions

Field of Education

Because claimant’s duties at the National Science Foundation were very similar to the duties of a college or university administrator and claimant’s decisions regarding funding of research and evaluation of projects had a direct impact on graduate education, claimant’s employment with NSF was creditable nonstate service for which claimant could purchase retirement credit. Seliga v. State Employes’ Retirement System, 682 A.2d 77 (Pa. Cmwlth. 1996).