Pennsylvania Consolidated Statutes

24 Pa. Cons. Stat. § 8301 (2026)

Mandatory and optional membership in the system and participation in the plan.

✓ current as of May 2026

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CHAPTER 83

MEMBERSHIP, CONTRIBUTIONS AND BENEFITS

Subchapter

A. General Provisions

B. Contributions

C. Benefits

Enactment. Chapter 83 was added October 2, 1975, P.L.298, No.96, effective immediately.

Cross References. Chapter 83 is referred to in sections 8522, 8523, 8524 of this title.

SUBCHAPTER A

GENERAL PROVISIONS

Sec.

8301. Mandatory and optional membership in the system and participation in the plan.

8302. Credited school service.

8303. Eligibility points for retention and reinstatement of service credits.

8303.1. Waiver of adjustments.

8304. Creditable nonschool service.

8305. Classes of service.

8305.1. Election to become a Class T-D member.

8305.2. Election to become a Class T-F member.

8305.3. Election to become a Class T-H member.

8305.4. Election to become a Class DC participant.

8305.5. Election to become Class T-G, Class T-H or Class DC.

8306. Eligibility points.

8307. Eligibility for annuities.

8308. Eligibility for vesting.

8309. Eligibility for death benefits.

8310. Eligibility for refunds.

8311. Eligibility for early retirement.

8312. Eligibility for special early retirement.

8313. Eligibility for limited early retirement.

§ 8301. Mandatory and optional membership in the system and participation in the plan.

(a) Mandatory membership.--Membership in the system shall be mandatory as of the effective date of employment for all school employees except the following:

(1) Any officer or employee of the Department of Education, State-owned educational institutions, community colleges, area vocational-technical schools, technical institutes, or The Pennsylvania State University and who is a member of the State Employees' Retirement System or a member of another retirement program approved by the employer.

(2) Any school employee who is not a member of the system and who is employed on a per diem or hourly basis for less than 80 full-day sessions or 500 hours in any fiscal year or annuitant who returns to school service under the provisions of section 8346(b) (relating to termination of annuities).

(3) Any officer or employee of a governmental entity who subsequent to December 22, 1965 and prior to July 1, 1975 administers, supervises, or teaches classes financed wholly or in part by the Federal Government so long as he continues in such service.

(4) Any part-time school employee who has an individual retirement account pursuant to the Federal act of September 2, 1974 (Public Law 93-406, 88 Stat. 829), known as the Employee Retirement Income Security Act of 1974.

(b) Prohibited membership.--The school employees categorized in subsection (a)(1) and (2) shall not have the right to elect membership in the system and shall not be eligible to participate in the plan.

(c) Optional membership.--The school employees categorized in subsection (a)(3) and, if otherwise eligible, subsection (a)(4) shall have the right to elect membership in the system. Once such election is exercised, membership shall commence from the original date of eligibility and shall continue until the termination of such service.

(d) Mandatory participation in the plan.--A school employee who is a mandatory member of either Class T-G or Class T-H shall also be a mandatory participant in the plan as of the effective date of membership in the system.

(July 9, 1976, P.L.965, No.189, eff. imd.; Aug. 5, 1991, P.L.183, No.23, eff. imd.; Nov. 23, 2010, P.L.1269, No.120, eff. imd.; June 12, 2017, P.L.11, No.5, eff. imd.)

Special Provisions in Appendix. See section 4(4) of Act 96 of 1975 in the appendix to this title for the effective date of provisions relating to membership of part-time employees.

References in Text. Section 27 of Act 16 of 2019 provided that a reference in statute or regulation to "area vocational-technical school" shall be deemed a reference to "area career and technical school," and a reference in statute or regulation to "vocational curriculums" shall be deemed a reference to "career and technical curriculums."

Cross References. Section 8301 is referred to in section 8304 of this title; section 5303.2 of Title 71 (State Government).

Notes of Decisions

Cited in 14 cases (1 in the last 5 years), 1981–2021 · leading case: Pa Sch. Boards Ass'n, Inc. v. Com., Pub. Sch. Employees'Ret. Bd., 863 A.2d 432 (Pa. 2004).

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Pa Sch. Boards Ass'n, Inc. v. Com., Pub. Sch. Employees'Ret. Bd., 863 A.2d 432 (Pa. 2004). “See 24 Pa.C.S. § 8301(a). The 1975 Retirement Code also permitted PSERS members to purchase credit toward their retirement, which would increase their retirement benefits, for certain part-time service rendered prior to the enactment of the 1975 Retirement Code.”

Zimmerman v. Commonwealth, 522 A.2d 43 (Pa. 1987). · cites it 2× “24 Pa.C.S. §§ 8301(a); (c). 1 To elect membership under section 8301(c) appellee must qualify as a “school employee” which is defined as: “Any person engaged in work relating to a public school for any governmental entity and for which work he is receiving regular remuneration…”

Pocono Mountain Sch. Dist. v. Pennsylvania Dep't of Educ., 151 A.3d 129 (Pa. 2016). “§ 17-1724-A(c) (“All employes of a charter school shall be enrolled in [PSERS] in the same manner as set forth in 24 Pa.C.S. § 8301(a) (relating to mandatory and optional membership).”

Pennsylvania Sch. Boards Ass'n v. Pub. Sch. Employees' Ret. Sys., 804 A.2d 737 (Pa. Commw. Ct. 2002). · cites it 2× “—The school employees categorized in subsection (a)(3) and, if otherwise eligible, subsection (a)(4) shall have the right to elect membership in the system.”

Bd. of Sch. Directors for Tredyffrin/Easttown Sch. Dist. v. Pub. Sch. Employees' Ret. Bd., 430 A.2d 1018 (Pa. Commw. Ct. 1981). “24 Pa. C. S. §8301. The former Code compensated non-eligible part-time employees for services in accordance with contracted salary schedules.”

C.E. Robertson v. PSERS & Greater Johnstown Career & Tech. Ctr., 162 A.3d 569 (Pa. Commw. Ct. 2017). · cites it 2× “24 Pa.C.S. § 8301 (text emphasis added). Section 8307(a) of the Retirement Code provides: “An active or an inactive member who attains superannuation age[4] shall be entitled to receive a superannuation annuity upon termination of service and filing of a proper application.”

Danville Area Sch. Dist. v. Danville Area Educ. Ass'n, 700 A.2d 549 (Pa. Commw. Ct. 1997). “24Pa.C.S. § 8301. . Act of December 21, 1992, P.”

Psba v. Psers, 804 A.2d 737 (Pa. Commw. Ct. 2002). · cites it 2× “(c) Optional membership.The school employees categorized in subsection (a)(3) and, if otherwise eligible, subsection (a)(4) shall have the right to elect membership in the system.”

Crimmins v. Commonwealth, Pub. Sch. Employees' Ret. Bd., 685 A.2d 232 (Pa. Commw. Ct. 1996). · cites it 2× “Crimmins was advised that to receive multiple service credit for his years as the School District tax collector, he had to apply to purchase and be credited with school service.”

Grogan v. Pennsylvania Pub. Sch. Employes' Ret. Bd., 711 A.2d 558 (Pa. Commw. Ct. 1998). “…v. Public School Ent-ployees’ Retirement Board, 685 A.2d 232 (Pa.Cmwlth.1996). 3 . 24Pa.C.S.§§ 8101-8534. 4 . 24 Pa.C.S. § 8301.”

Zimmerman v. Commonwealth, Pub. Sch. Employes' Ret. Bd., 489 A.2d 951 (Pa. Commw. Ct. 1985). “24 Pa. C. S. §8301. 24 Pa. C. S. §8102. With respect to this point, the Board argues that, under 24 P.”

Pocono Mtn. SD, Aplt. v. Dept. of Educ. (Pa. 2016). “§17-1724-A(c) (“All employes of a charter school shall be enrolled in [PSERS] in the same manner as set forth in 24 Pa.C.S. §8301(a) (relating to mandatory and optional membership)….”

Show all 14 citing cases →

— 24 Pa. Cons. Stat. § 8301(a) — 5 cases

Zimmerman v. Commonwealth, 522 A.2d 43 (Pa. 1987). “24 Pa.C.S. §§ 8301(a); (c). 1 To elect membership under section 8301(c) appellee must qualify as a “school employee” which is defined as: “Any person engaged in work relating to a public school for any governmental entity and for which work he is receiving regular remuneration…”

Crimmins v. Commonwealth, Pub. Sch. Employees' Ret. Bd., 685 A.2d 232 (Pa. Commw. Ct. 1996). “Crimmins was advised that to receive multiple service credit for his years as the School District tax collector, he had to apply to purchase and be credited with school service.”

— 24 Pa. Cons. Stat. § 8301(b) — 2 cases

Pennsylvania Sch. Boards Ass'n v. Pub. Sch. Employees' Ret. Sys., 804 A.2d 737 (Pa. Commw. Ct. 2002). “—The school employees categorized in subsection (a)(3) and, if otherwise eligible, subsection (a)(4) shall have the right to elect membership in the system.”

Psba v. Psers, 804 A.2d 737 (Pa. Commw. Ct. 2002). “(c) Optional membership.The school employees categorized in subsection (a)(3) and, if otherwise eligible, subsection (a)(4) shall have the right to elect membership in the system.”

— 24 Pa. Cons. Stat. § 8301(c) — 1 case

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