§ 8303. Eligibility points for retention and reinstatement of service credits.
(a) Accrued credited service.--Eligibility points shall be computed in accordance with section 8306 (relating to
eligibility points) with respect to all credited service accrued as of the effective
date of this part.
(b) Future school service.--Every active member of the system shall accrue an eligibility point for each year
of school service rendered subsequent to the effective date of this part.
(b.1) USERRA leave.--A member who is reemployed from USERRA leave or who dies while performing USERRA leave
shall receive eligibility points in accordance with section 8306 for the school service
that would have been performed had the member not performed USERRA leave.
(c) Purchase of previous creditable service.--Every active member of the system or a multiple service member who is an active member
of the State Employees' Retirement System on or after the effective date of this part
may purchase credit and receive eligibility points:
(1) as a member of Class T-C, Class T-E, Class T-F, Class T-G or Class T-H for previous
creditable school service or creditable nonschool service; or
(2) as a member of Class T-D for previous creditable school service, provided the member
elects to become a Class T-D member pursuant to section 8305.1 (relating to election
to become a Class T-D member);
upon written agreement by the member and the board as to the manner of payment of
the amount due for credit for such service; except, that any purchase for reinstatement
of service credit shall be for all service previously credited.
(d) Purchase of previous noncreditable service.--Class T-C and Class T-D members who are active members on the effective date of this
subsection shall have three years from the effective date of this subsection to file
a written application with the board to purchase any previous noncreditable school
service. Class T-C and Class T-D members who are not active members on the effective
date of this subsection but who become active members after the effective date of
this subsection and Class T-E, class T-F, Class T-G and Class T-H members shall have
365 days from entry into the system to file a written application with the board to
purchase any previous noncreditable school service.
(May 17, 2001, P.L.26, No.9, eff. July 1, 2001; Nov. 23, 2010, P.L.1269, No.120, eff.
July 1, 2011; July 1, 2013, P.L.174, No.32, eff. July 1, 2013; June 12, 2017, P.L.11,
No.5, eff. imd.)
2017 Amendment. Act 5 amended subsecs. (c) and (d).
2013 Amendment. Act 32 added subsec. (b.1).
Special Provisions in Appendix. See section 4(1) of Act 96 of 1975 in the appendix to this title for the effective
date of provisions relating to the purchase of credit for previous service.
Notes of Decisions
Pa Sch. Boards Ass'n, Inc. v. Com., Pub. Sch. Employees'Ret. Bd., 863 A.2d 432 (Pa. 2004).
“See 24 Pa.C.S. § 8303(c). From 1975 through 1998, PSERS construed the Code as allowing its active members to purchase credit for prior part-time school service only for those years in which the members had worked 80 or more days or 500 or more hours—i.”
Pennsylvania Sch. Boards Ass'n v. Pub. Sch. Employees' Ret. Sys., 804 A.2d 737 (Pa. Commw. Ct. 2002).
· cites it 2× “The singular issue before us is whether Section 8303(c) of the Retirement Code, 24 Pa.C.S. § 8303(c), permits members of the system to purchase credit for their part-time school service of less than 80 days or 500 hours in any fiscal year.”
Golebieski v. Pub. Sch. Employees Ret. Bd., 636 A.2d 268 (Pa. Commw. Ct. 1993).
· cites it 2× “24 Pa.C.S. § 8303(c). The term “previous school service” is defined in Section 8102 as service which is rendered as a school employee including service rendered in any summer school conducted by a school district of this Commonwealth prior to the member’s most recent entrance…”
Cain v. Pub. Sch. Employes' Ret. Sys., 651 A.2d 660 (Pa. Commw. Ct. 1994).
· cites it 2× “— Every active member of the system or a multiple service member of the State Employees’ Retirement System on or after the effective date of this part may purchase credit and receive eligibility points as a member of Class T-C for previous school service_” 24 Pa.C.S. § 8303(c).…”
Thorpe v. Pub. Sch. Employees' Ret. Bd., 879 A.2d 341 (Pa. Commw. Ct. 2005).
“On appeal here, Thorpe raises the following questions: (1) whether the Board’s decision denying her applications to purchase service credit for the years 1977-78 through 1991-92 is unsupported by substantial record evidence; and (2) whether the Board’s decision denying her…”
Gault v. Pub. Sch. Employes' Ret. Bd., 720 A.2d 1090 (Pa. Commw. Ct. 1998).
“may purchase credit and receive eligibility points as a member of Class TC for previous school service or creditable non-school service upon written agreement by the member and the board as to the manner of payment of the amount due for such credit.”
Psba v. Psers, 804 A.2d 737 (Pa. Commw. Ct. 2002).
· cites it 2× “The singular issue before us is whether Section 8303(c) of the Retirement Code, 24 Pa.C.S. § 8303(c), permits members of the system to purchase credit for their part-time school service of less than 80 days or 500 hours in any fiscal year.”
M.J. Schneider v. PA PSERB, 146 A.3d 802 (Pa. Commw. Ct. 2016).
· cites it 3× “) The remaining issue before the Hearing Examiner was whether the service conducted in Ohio through the Teacher Corps program is of the type that is purchasable under Section 8303 of the Retirement Code, 24 Pa. C.S. § 8303. The Hearing Examiner issued an Opinion and…”
Golebieski v. Pub. Sch. Emp. Ret. Bd., 636 A.2d 268 (Pa. Commw. Ct. 1993).
· cites it 2× “24 Pa.C.S. § 8303(c). The term "previous school service" is defined in Section 8102 as service which is rendered as a school employee including service rendered in any summer school conducted by a school district of this Commonwealth prior to the member's most recent entrance…”
— 24 Pa. Cons. Stat. § 8303(c) — 10 cases
Pa Sch. Boards Ass'n, Inc. v. Com., Pub. Sch. Employees'Ret. Bd., 863 A.2d 432 (Pa. 2004).
“See 24 Pa.C.S. § 8303(c). From 1975 through 1998, PSERS construed the Code as allowing its active members to purchase credit for prior part-time school service only for those years in which the members had worked 80 or more days or 500 or more hours—i.”
Pennsylvania Sch. Boards Ass'n v. Pub. Sch. Employees' Ret. Sys., 804 A.2d 737 (Pa. Commw. Ct. 2002).
“The singular issue before us is whether Section 8303(c) of the Retirement Code, 24 Pa.C.S. § 8303(c), permits members of the system to purchase credit for their part-time school service of less than 80 days or 500 hours in any fiscal year.”
Golebieski v. Pub. Sch. Employees Ret. Bd., 636 A.2d 268 (Pa. Commw. Ct. 1993).
“24 Pa.C.S. § 8303(c). The term “previous school service” is defined in Section 8102 as service which is rendered as a school employee including service rendered in any summer school conducted by a school district of this Commonwealth prior to the member’s most recent entrance…”
Cain v. Pub. Sch. Employes' Ret. Sys., 651 A.2d 660 (Pa. Commw. Ct. 1994).
“— Every active member of the system or a multiple service member of the State Employees’ Retirement System on or after the effective date of this part may purchase credit and receive eligibility points as a member of Class T-C for previous school service_” 24 Pa.C.S. § 8303(c).…”
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