§ 8303.1. Waiver of adjustments.
(a) Allowance.--Upon appeal by an affected member, beneficiary or survivor annuitant, the board may
waive an adjustment or any portion of an adjustment made under section 8534(b) (relating
to fraud and adjustment of errors) if in the opinion of the board or the board's designated
representative:
(1) the adjustment or portion of the adjustment will cause undue hardship to the member,
beneficiary or survivor annuitant;
(2) the adjustment was not the result of erroneous information supplied by the member,
beneficiary or survivor annuitant;
(3) the member had no knowledge or notice of the error before adjustment was made, and
the member, beneficiary or survivor annuitant took action with respect to their benefits
based on erroneous information provided by the system; and
(4) the member, beneficiary or survivor annuitant had no reasonable grounds to believe
the erroneous information was incorrect before the adjustment was made.
(b) Time period.--In order to obtain consideration of a waiver under this section, the affected member,
beneficiary or survivor annuitant must appeal to the board in writing within 30 days
after receipt of notice that benefits have been adjusted or, if no notice was given,
within 30 days after the adjustment was known or should have been known to the affected
member, beneficiary or survivor annuitant. For any adjustments made prior to the effective
date of this subsection for which the member, beneficiary or survivor annuitant appealed
to the board and was denied, an appeal under this section must be filed within 90
days of the effective date of this subsection.
(June 18, 1998, P.L.685, No.88, eff. imd.)
1998 Amendment. Act 88 added section 8303.1.
Notes of Decisions
White v. Pub. Sch. Employees' Ret. Bd., 11 A.3d 1 (Pa. Commw. Ct. 2010).
· cites it 4× “24 Pa.C.S. § 8303.1. . The accelerated option was part of the 1975 Retirement Code, but was repealed by the Act of April 29, 1994, P.”
L. Volpe v. PSERB (Pa. Commw. Ct. 2017).
· cites it 7× “1(a) of the Public School Employees’ Retirement Code (Retirement Code), 24 Pa. C.S. § 8303.1(a); and (3) ordered that Petitioner’s account be calculated as a frozen annuity based on a retirement date of July 11, 1998, followed by a non-emergency return to service effective…”
J.E. Lebron v. PSERB (Pa. Commw. Ct. 2020).
· cites it 3× “1 of the Retirement Code, 24 Pa.C.S. § 8303.1. After review, we affirm in part, reverse in part, and vacate and remand in part.”
— 24 Pa. Cons. Stat. § 8303.1(a) — 3 cases
White v. Pub. Sch. Employees' Ret. Bd., 11 A.3d 1 (Pa. Commw. Ct. 2010).
“24 Pa.C.S. § 8303.1. . The accelerated option was part of the 1975 Retirement Code, but was repealed by the Act of April 29, 1994, P.”
L. Volpe v. PSERB (Pa. Commw. Ct. 2017).
“1(a) of the Public School Employees’ Retirement Code (Retirement Code), 24 Pa. C.S. § 8303.1(a); and (3) ordered that Petitioner’s account be calculated as a frozen annuity based on a retirement date of July 11, 1998, followed by a non-emergency return to service effective…”
J.E. Lebron v. PSERB (Pa. Commw. Ct. 2020).
“1 of the Retirement Code, 24 Pa.C.S. § 8303.1. After review, we affirm in part, reverse in part, and vacate and remand in part.”
— 24 Pa. Cons. Stat. § 8303.1(a)(3) — 2 cases
White v. Pub. Sch. Employees' Ret. Bd., 11 A.3d 1 (Pa. Commw. Ct. 2010).
“24 Pa.C.S. § 8303.1. . The accelerated option was part of the 1975 Retirement Code, but was repealed by the Act of April 29, 1994, P.”
L. Volpe v. PSERB (Pa. Commw. Ct. 2017).
“1(a) of the Public School Employees’ Retirement Code (Retirement Code), 24 Pa. C.S. § 8303.1(a); and (3) ordered that Petitioner’s account be calculated as a frozen annuity based on a retirement date of July 11, 1998, followed by a non-emergency return to service effective…”
— 24 Pa. Cons. Stat. § 8303.1(a)(4) — 1 case
White v. Pub. Sch. Employees' Ret. Bd., 11 A.3d 1 (Pa. Commw. Ct. 2010).
“24 Pa.C.S. § 8303.1. . The accelerated option was part of the 1975 Retirement Code, but was repealed by the Act of April 29, 1994, P.”
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