Pennsylvania Consolidated Statutes

24 Pa. Cons. Stat. § 8101 (2026)

Short title of part.

✓ current as of May 2026

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PART IV

RETIREMENT FOR SCHOOL EMPLOYEES

Chapter

81. Preliminary Provisions

83. Membership, Contributions and Benefits

84. School Employees' Defined Contribution Plan

85. Administration and Miscellaneous Provisions

Enactment. Part IV was added October 2, 1975, P.L.298, No.96, effective immediately.

Special Provisions in Appendix. See sections 3 and 4 of Act 96 of 1975 in the appendix to this title for special provisions relating to the applicability and effective date of Part IV and continuation of former provisions of law.

See sections 16 and 17 of Act 29 of 1994 in the appendix to this title for special provisions relating to contractual rights of payees and members.

See sections 9, 11 and 13 of Act 77 of 1995 in the appendix to this title for special provisions relating to construction and administration of school employees' provisions, references to Internal Revenue Code of 1986, qualified pension plans and termination of annuities.

See sections 1, 28, 32, 33, 34, 35, 36 and former section 23 of Act 9 of 2001 in the appendix to this title for special provisions relating to legislative intent, effect on current members of limitation on benefits, obligation to make payments within specified time periods, funding liability for additional benefits, requirements for qualification as qualified pension plan, applicability of limitations on benefits, construction and administration of act and severability.

See sections 18, 19, 20, 25 and 26 of Act 38 of 2002 in the appendix to this title for special provisions relating to recertification to Budget Secretary and employers, school real estate tax millage rate, calculation of actuarial value, transfers from Public School Employees' Retirement System and legislative intent.

See sections 12, 13, 14, 15, 16, 17, 18, 19, 20, 21 and 22 of Act 120 of 2010 in the appendix to this title for special provisions relating to continuation of contribution rates, applicability to pension obligation bonds, certain public officials held harmless, construction of calculation or actuarial method, restoration of service credit or retirement benefits, effect of Act 120 on Part IV, construction and administration of Act 120, qualification of Public School Employees' Retirement System under Internal Revenue Code of 1986, Class T-E or Class T-F membership limited, changes in accrued liability of Public School Employees' Retirement System and determination of Class T-E or Class T-F service credit.

See sections 13, 14, 15, 16, 17, 18, 19, 20 and 21 of Act 32 of 2013 in the appendix to this title for special provisions relating to applicability, member statements, payments, authority of board, restoration of service credit or retirement benefits, effect of Act 32 on Part IV, construction and administration of Act 32, qualifications under Internal Revenue Code of 1986 and references to Internal Revenue Code of 1986.

See sections 24, 25, 26 and 27 of Act 93 of 2015 in the appendix to this title for special provisions relating to references to Internal Revenue Code of 1986, requirements for qualification as qualified pension plan, construction of law and applicability of law.

See sections 401, 402, 405, 410 and 412 of Act 5 of 2017 in the appendix to this title for special provisions relating to applicability, construction of calculation or actuarial method, construction and administration of Act 5, Class T-G membership limited and determination of Class T-G or Class T-H service credit.

CHAPTER 81

PRELIMINARY PROVISIONS

Sec.

8101. Short title of part.

8102. Definitions.

8103. Construction of part.

8103.1. Notice to members.

8103.2. Reference to Public School Employees' Retirement System.

8104. Severability of provisions.

Enactment. Chapter 81 was added October 2, 1975, P.L.298, No.96, effective immediately.

§ 8101. Short title of part.

This part shall be known and may be cited as the "Public School Employees' Retirement Code."

Notes of Decisions

Cited in 27 cases (3 in the last 5 years), 1981–2024 · leading case: Pennsylvania Fed'n of Teachers v. Sch. Dist., 484 A.2d 751 (Pa. 1984).

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Pennsylvania Fed'n of Teachers v. Sch. Dist., 484 A.2d 751 (Pa. 1984). · cites it 2× “[2] The order of the Commonwealth Court permanently enjoined the enforcement of Act 31 insofar as it increased the "basic contribution rate" under the Public School Employees' Retirement Code, 24 Pa.C.S. § 8101 et seq., ("Code") for employees who were members of the Public…”

City of Philadelphia v. Dist. Council 33, 598 A.2d 256 (Pa. 1991). · cites it 2× “96), 24 Pa.C.S. § 8101, et seq. As the City points out, these three employee retirement systems were not intended to address the subsequently revealed critical need for all local government employee retirement systems throughout the Commonwealth to be maintained on an…”

Pa Sch. Boards Ass'n, Inc. v. Com., Pub. Sch. Employees'Ret. Bd., 863 A.2d 432 (Pa. 2004). “This appeal arises from a declaratory judgment action challenging appellee Public School Employees’ Retirement System’s (“PSERS”) interpretation of Section 8303(c) of the Public School Employees’ Retirement Code, 24 Pa.C.S. § 8101 et seq., as authorizing active members of the…”

Kirsch v. Pub. Sch. Employees' Ret. Bd., 985 A.2d 671 (Pa. 2009). “lowing reasons, we affirm the Commonwealth Court, finding the statute allows only the salary corresponding with the position held at the school district during the approved leave be credited to the retiree’s retirement earnings; inclusion of increased, union-provided…”

Dep't of the Auditor Gen. v. State Employees' Ret. Sys., 836 A.2d 1053 (Pa. Commw. Ct. 2003). “§§ 5101 — 5956, and PSERS is an independent agency which administers the provision of retirement benefits to employees under the Public School Employees’ Retirement Code, 24 Pa.C.S. §§ 8101 — 8535. SERS and PSERS finance the retirement benefits through the management and…”

Cardella v. Pub. Sch. Employees' Ret. Bd., 827 A.2d 1277 (Pa. Commw. Ct. 2003). “Recently, significant changes were made to the Public School Employees’ Retirement Code (Retirement Code), 24 Pa.C.S. § 8101 et seq. Specifically, Section 8305.”

Hoerner v. Commonwealth, 684 A.2d 112 (Pa. 1996). “The issues before this Court are (1) whether increases in a party’s salary during his last year of employment pursuant to negotiated termination agreements constitute “severance payments” which are excludable from “compensation” for purposes of computing the party’s “final…”

Beardsley v. State Employes' Ret. Bd., 691 A.2d 1016 (Pa. Commw. Ct. 1997). “dited service as retirement incentive,” provides an additional 10% credit to a state employee who terminates State service between February 1, 1991, and December 31, 1991, inclusive, who is, during such period, 55 years of age or older or will attain 55 years of age between…”

Off. of Admin. & Pa. State Police v. State Employees' Ret. Bd., 180 A.3d 740 (Pa. 2018). “2009), in which we decided the same issue under the companion Public School Employees Retirement Code, 24 Pa.C.S. §§ 8101 - 9102 ("PSERC"), also applies here.”

Mento v. Pub. Sch. Employees' Ret. Sys., 72 A.3d 809 (Pa. Commw. Ct. 2013). “24 Pa.C.S.§§ 8101 — 8535. . The MSD Act 93 Agreement sets forth the wages, benefits and conditions of employment for MSD’s educational administrative employees.”

Demko v. Luzerne Cnty. Cmty. Coll., 113 F. Supp. 2d 722 (M.D. Penn. 2000). “5 Demko next cites the Public School Employees’ Retirement Code (“PSERC”), 24 Pa. Cons.Stat. Ann. § 8101 et seq., as authority for the College to enter into a contract for a time certain.”

City of Philadelphia v. Dist. Council 33, 581 A.2d 916 (Pa. 1990). “96), 24 Pa.C.S. § 8101, et seq. As the City points out, these three employee retirement systems were not intended to address the subsequently revealed critical need for all local government employee retirement systems throughout the Commonwealth to be maintained on an…”

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