§ 8304. Creditable nonschool service.
(a) Eligibility.--An active member or a multiple service member who is an active member of the State
Employees' Retirement System shall be eligible to receive Class T-C, Class T-E, Class
T-F, Class T-G or Class T-H service credit for creditable nonschool service and Class
T-D, Class T-E, Class T-F, Class T-G or Class T-H service for intervening military
service, provided the member becomes a Class T-D member pursuant to section 8305.1
(relating to election to become a Class T-D member) or Class T-F member pursuant to
section 8305.2 (relating to election to become a Class T-F member) or 8305 (relating
to classes of service) or Class T-H service pursuant to section 8305.3 (relating to
election to become a Class T-H member), as set forth in subsection (b) provided that
he is not entitled to receive, eligible to receive now or in the future, or is receiving
retirement benefits for such service under a retirement system administered and wholly
or partially paid for by any other governmental agency or by any private employer,
or a retirement program approved by the employer in accordance with section 8301(a)(1)
(relating to mandatory and optional membership), and further provided that such service
is certified by the previous employer and the manner of payment of the amount due
is agreed upon by the member, the employer, and the board.
(b) Limitations on nonschool service.--Creditable nonschool service credit shall be limited to:
(1) Intervening military service, if the member returned to school service before July
1, 2013.
(2) Military service other than intervening military service, activated military service
or service performed during USERRA leave not exceeding five years provided that a
member with multiple service may not purchase more than a total of five years of military
service in both the system and the State Employees' Retirement System.
(3) Service in any public school or public educational institution in any state other
than this Commonwealth or in any territory or area under the jurisdiction of the United
States. This paragraph includes service, prior to July 1, 1965, at a community college
established under the act of August 24, 1963 (P.L.1132, No.484), known as the Community
College Act of 1963.
(4) Service as an administrator, teacher, or instructor in the field of public school
education for any agency or department of the government of the United States whether
or not such area was under the jurisdiction of the United States.
(5) Previous service as an employee of a county board of school directors which employment
was terminated because of the transfer of the administration of such service or of
the entire agency to a governmental entity.
(6) Previous service as a county employee as a nurse. For every three years or major fraction
thereof in previous work experience, an individual may buy one year of creditable
service, not to exceed a total of five years. The purchase of this service shall begin
within three years of the employee's eligibility to purchase this creditable service.
(7) (i) Service for the period of time spent on a maternity leave of absence required by the
employer, which creditable service shall not exceed two years per leave and shall
be applicable only to a maternity leave which was mandatory prior to May 17, 1975.
The purchase of this service shall begin within one year of the employee's eligibility
to purchase the creditable service under this subparagraph as originally enacted by
the act of August 5, 1991 (P.L.183, No.23), entitled "An act amending Titles 24 (Education)
and 71 (State Government) of the Pennsylvania Consolidated Statutes, further providing
for the Public School Employees' Retirement System and the State Employees' Retirement
System; adding and amending certain definitions; further providing for membership
in the systems, for creditable nonschool and nonstate service and the purchase of
credit, for incentives for special early retirement, for contributions to the retirement
funds, for annuities and the rights and duties of annuitants, for health insurance
premium assistance, for board membership and for the re-amortization and management
of the retirement funds."
(ii) Service for the period of time spent on a maternity leave of absence required by the
employer, which creditable service shall not exceed two years per leave and shall
be applicable only to a maternity leave that was mandatory and began after May 16,
1975, and prior to November 1, 1978. The purchase of this service shall begin within
one year of the employee's eligibility to purchase the creditable service under this
subparagraph.
(8) Service in the Cadet Nurse Corps with respect to any period of training as a student
or graduate nurse under a plan approved under section 2 of the act of June 15, 1943
(Public Law 78-73, 57 Stat. 153), if the total period of training under the plan was
at least two years, the credit for such service not to exceed three years.
(c) Limitations on years of credit.--Service listed in subsection (b)(3) and (4) must have been for a period of at least
one school year and credit for such service shall be limited to the lesser of 12 years
or the number of years of school service credited in the system. In no case shall
the total credit for nonschool service other than that listed in subsection (b)(5)
exceed the number of years of school service credited in the system, plus, in the
case of a multiple service member, any additional years of State service credited
in the State Employees' Retirement System. In no case shall a member be permitted
to purchase any service in violation of the limitations of IRC § 415(n).
(Dec. 19, 1984, P.L.1191, No.226, eff. 60 days; Oct. 21, 1988, P.L.844, No.112, eff.
Jan. 1, 1989; Aug. 5, 1991, P.L.183, No.23; June 18, 1998, P.L.685, No.88, eff. imd.;
May 17, 2001, P.L.26, No.9, eff. July 1, 2001; Apr. 23, 2002, P.L.272, No.38, eff.
imd.; Nov. 23, 2010, P.L.1269, No.120, eff. July 1, 2011; July 1, 2013, P.L.174, No.32,
eff. July 1, 2013; Dec. 28, 2015, P.L.529, No.93, eff. imd.; June 12, 2017, P.L.11,
No.5, eff. imd.)
2017 Amendment. Act 5 amended subsec. (a).
2015 Amendment. Act 93 amended subsec. (c).
2013 Amendment. Act 32 amended subsec. (b).
1991 Amendment. See section 31 of Act 23 in the appendix to this title for special provisions relating
to limitations on creditable nonschool service in Cadet Nurse Corps.
Cross References. Section 8304 is referred to in sections 8324, 8348.4 of this title.
Notes of Decisions
Morris v. Pa. Pub. Sch. Emp. Ret. Sys., 538 A.2d 1385 (Pa. Commw. Ct. 1988).
· cites it 14× “52) pursuant to section 8304 of the Public School Employees' Retirement Code (Code), as amended, 24 Pa. C. S. §8304. [2] In January 1984, the System notified Petitioner that it was possible that he was not eligible for benefits from the System for his 3.”
Pennsylvania Sch. Boards Ass'n v. Pub. Sch. Employees' Ret. Sys., 804 A.2d 737 (Pa. Commw. Ct. 2002).
· cites it 6× “24 Pa.C.S. § 8304. . PSBA's interpretation of Section 8303(c) requires the addition of another modifier, "as a member” after “previous school service” , Where the legislature includes specific language in one section of the statute and excludes it from another, the language…”
Cook v. Commonwealth, Pub. Sch. Employees' Ret. Bd., 507 A.2d 911 (Pa. Commw. Ct. 1986).
· cites it 4× “Opinion by Judge Craig, Joan Cook, a member of the Public School Employees’ Retirement System (PSERS), appeals a decision of the Public School Employees’ Retirement Board, which denied her request to purchase service credit for out-of-state teaching service under the Public…”
Finnegan v. Sch. Emp. Ret. Bd., 560 A.2d 848 (Pa. Commw. Ct. 1990).
“Section 8304(c) of the Public School Employees’ Retirement Code, 24 Pa.C.S. § 8304(c) states: Limitations on years of credit.”
Hopkins v. Pub. Sch. Employes' Ret. Bd., 674 A.2d 1197 (Pa. Commw. Ct. 1996).
· cites it 2× “The issue presented is whether Hopkins’ service as a teacher of school-aged students in a youth detention center constitutes service in a “public educational institution” within the meaning of Section 8304(b)(3) of the Public *1198 School Employees’ Retirement Code (Code), as…”
Costello v. State Employes' Ret. Bd., 596 A.2d 260 (Pa. Commw. Ct. 1991).
“…service member. Such election shall occur no later than 30 days after becoming an active member in this system. 2 . 24 Pa.C.S. § 8304(c).”
Hughes v. Pub. Sch. Employes' Ret. Bd., 662 A.2d 701 (Pa. Commw. Ct. 1995).
“The teacher sought the benefit of early retirement on the basis of estoppel, even though section 8304(c) of the Retirement Code, 24 Pa.C.S. § 8304(c), prohibited her from purchasing more than 12 years of service.”
Seliga v. State Employes' Ret. Sys., 682 A.2d 77 (Pa. Commw. Ct. 1996).
· cites it 2× “2 *81 Accordingly, we reverse the order of the Board denying Claimant’s request to purchase nonstate service credit and remand for proceedings in accordance with the foregoing opinion. ORDER AND NOW, this 28th day of August, 1996, the order of the Pennsylvania State Employes’…”
Trakes v. Pub. Sch. Employes' Ret. Sys., 768 A.2d 357 (Pa. Commw. Ct. 2001).
· cites it 2× “Lastly, Trakes asserts that the active member requirement should not be applied to PSERS participants who are receiving workers’ compensation and who wish to purchase military credits pursuant to 24 Pa.C.S. § 8304(b). As presented above, § 8307(c) of the Retirement Code provides…”
Barckley v. State Employes'ret. Bd., 566 A.2d 343 (Pa. Commw. Ct. 1989).
“Panko relied upon Section 8304(b)(4) of the Public School Employees’ Retirement Code, 24 Pa.C.S. § 8304(b)(4) which provides: “[C]reditable nonschool service shall be limited to service as an administrator, teacher, or administrator in the field of public school education for…”
Burris v. State Employes' Ret. Bd., 745 A.2d 704 (Pa. Commw. Ct. 2000).
“2d 793 (1998) (the civilian work performed by the conscientious objector in lieu of induction into the armed forces does not constitute creditable non-intervening active military service under Section 8304(b)(2) of the Public School Employes’ Retirement Code, as amended, 24…”
— 24 Pa. Cons. Stat. § 8304(4) — 1 case
Seliga v. State Employes' Ret. Sys., 682 A.2d 77 (Pa. Commw. Ct. 1996).
“2 *81 Accordingly, we reverse the order of the Board denying Claimant’s request to purchase nonstate service credit and remand for proceedings in accordance with the foregoing opinion. ORDER AND NOW, this 28th day of August, 1996, the order of the Pennsylvania State Employes’…”
— 24 Pa. Cons. Stat. § 8304(a) — 6 cases
Morris v. Pa. Pub. Sch. Emp. Ret. Sys., 538 A.2d 1385 (Pa. Commw. Ct. 1988).
“52) pursuant to section 8304 of the Public School Employees' Retirement Code (Code), as amended, 24 Pa. C. S. §8304. [2] In January 1984, the System notified Petitioner that it was possible that he was not eligible for benefits from the System for his 3.”
Cook v. Commonwealth, Pub. Sch. Employees' Ret. Bd., 507 A.2d 911 (Pa. Commw. Ct. 1986).
“Opinion by Judge Craig, Joan Cook, a member of the Public School Employees’ Retirement System (PSERS), appeals a decision of the Public School Employees’ Retirement Board, which denied her request to purchase service credit for out-of-state teaching service under the Public…”
— 24 Pa. Cons. Stat. § 8304(b) — 2 cases
Trakes v. Pub. Sch. Employes' Ret. Sys., 768 A.2d 357 (Pa. Commw. Ct. 2001).
“Lastly, Trakes asserts that the active member requirement should not be applied to PSERS participants who are receiving workers’ compensation and who wish to purchase military credits pursuant to 24 Pa.C.S. § 8304(b). As presented above, § 8307(c) of the Retirement Code provides…”
— 24 Pa. Cons. Stat. § 8304(b)(2) — 2 cases
Burris v. State Employes' Ret. Bd., 745 A.2d 704 (Pa. Commw. Ct. 2000).
“2d 793 (1998) (the civilian work performed by the conscientious objector in lieu of induction into the armed forces does not constitute creditable non-intervening active military service under Section 8304(b)(2) of the Public School Employes’ Retirement Code, as amended, 24…”
— 24 Pa. Cons. Stat. § 8304(b)(3) — 4 cases
Pennsylvania Sch. Boards Ass'n v. Pub. Sch. Employees' Ret. Sys., 804 A.2d 737 (Pa. Commw. Ct. 2002).
“24 Pa.C.S. § 8304. . PSBA's interpretation of Section 8303(c) requires the addition of another modifier, "as a member” after “previous school service” , Where the legislature includes specific language in one section of the statute and excludes it from another, the language…”
Hopkins v. Pub. Sch. Employes' Ret. Bd., 674 A.2d 1197 (Pa. Commw. Ct. 1996).
“The issue presented is whether Hopkins’ service as a teacher of school-aged students in a youth detention center constitutes service in a “public educational institution” within the meaning of Section 8304(b)(3) of the Public *1198 School Employees’ Retirement Code (Code), as…”
— 24 Pa. Cons. Stat. § 8304(b)(4) — 2 cases
Hopkins v. Pub. Sch. Employes' Ret. Bd., 674 A.2d 1197 (Pa. Commw. Ct. 1996).
“The issue presented is whether Hopkins’ service as a teacher of school-aged students in a youth detention center constitutes service in a “public educational institution” within the meaning of Section 8304(b)(3) of the Public *1198 School Employees’ Retirement Code (Code), as…”
Barckley v. State Employes'ret. Bd., 566 A.2d 343 (Pa. Commw. Ct. 1989).
“Panko relied upon Section 8304(b)(4) of the Public School Employees’ Retirement Code, 24 Pa.C.S. § 8304(b)(4) which provides: “[C]reditable nonschool service shall be limited to service as an administrator, teacher, or administrator in the field of public school education for…”
— 24 Pa. Cons. Stat. § 8304(b)(7) — 2 cases
— 24 Pa. Cons. Stat. § 8304(c) — 4 cases
Finnegan v. Sch. Emp. Ret. Bd., 560 A.2d 848 (Pa. Commw. Ct. 1990).
“Section 8304(c) of the Public School Employees’ Retirement Code, 24 Pa.C.S. § 8304(c) states: Limitations on years of credit.”
Costello v. State Employes' Ret. Bd., 596 A.2d 260 (Pa. Commw. Ct. 1991).
“…service member. Such election shall occur no later than 30 days after becoming an active member in this system. 2 . 24 Pa.C.S. § 8304(c).”
Hughes v. Pub. Sch. Employes' Ret. Bd., 662 A.2d 701 (Pa. Commw. Ct. 1995).
“The teacher sought the benefit of early retirement on the basis of estoppel, even though section 8304(c) of the Retirement Code, 24 Pa.C.S. § 8304(c), prohibited her from purchasing more than 12 years of service.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.