§ 8307. Eligibility for annuities.
(a) Superannuation annuity.--An active or an inactive member who attains superannuation age shall be entitled to
receive a superannuation annuity upon termination of service and filing of a proper
application. All members must begin receiving a superannuation annuity by the member's
required beginning date.
(b) Withdrawal annuity.--
(1) A vestee in Class T-C or Class T-D with five or more eligibility points or an active
or inactive Class T-C or Class T-D member who terminates school service having five
or more eligibility points shall, upon filing a proper application, be entitled to
receive an early annuity.
(2) A vestee in Class T-E or Class T-F with ten or more eligibility points or an active
or inactive Class T-E or Class T-F member who terminates school service having ten
or more eligibility points shall, upon filing a proper application, be entitled to
receive an early annuity.
(3) A vestee in Class T-G or Class T-H with ten or more eligibility points or an active
or inactive Class T-G or Class T-H member who terminates school service having ten
or more eligibility points shall, upon filing a proper application, be entitled to
receive an early annuity.
(c) Disability annuity.--An active or inactive member who has credit for at least five years of service shall,
upon filing of a proper application, be entitled to a disability annuity if he becomes
mentally or physically incapable of continuing to perform the duties for which he
is employed and qualifies for an annuity in accordance with the provisions of section
8505(c)(1) (relating to duties of board regarding applications and elections of members
and participants).
(Apr. 29, 1994, P.L.159, No.29, eff. 60 days; May 17, 2001, P.L.26, No.9, eff. July
1, 2001; Nov. 23, 2010, P.L.1269, No.120, eff. July 1, 2011; Dec. 28, 2015, P.L.529,
No.93, eff. imd.; June 12, 2017, P.L.11, No.5, eff. imd.)
2001 Amendment. See section 36.1 of Act 9 in the appendix to this title for special provisions relating
to applicability of amendment to Public School Employees' Retirement System members.
Special Provisions in Appendix. See section 4(5) of Act 96 of 1975 in the appendix to this title for the effective
date of provisions relating to eligibility for disability annuities.
Cross References. Section 8307 is referred to in sections 8305.5, 8306, 8309, 8342, 8343, 8344, 8347,
8507 of this title.
Notes of Decisions
Burns v. Pub. Sch. Employees' Ret. Bd., 853 A.2d 1146 (Pa. Commw. Ct. 2004).
· cites it 2× “24 Pa.C.S. § 8307(b). Burns asserts, since both sub-sections (b) (early annuity) and (c) (disability annuity) use the term “member”, which by definition includes vestees, he should be entitled to apply for a disability annuity as a vestee.”
Trakes v. Pub. Sch. Employes' Ret. Sys., 768 A.2d 357 (Pa. Commw. Ct. 2001).
· cites it 7× “24 Pa.C.S. § 8307. Given that Claimants in the above captioned matters raise a common issue, this Court consolidated these appeals by order dated September 20, 1999 for collective disposition.”
Homer v. Pub. Sch. Employes' Ret. Bd., 692 A.2d 632 (Pa. Commw. Ct. 1997).
· cites it 2× “On October 27, 1988, the PSERS medical staff made a disability determination in accordance with Section 24 Pa.C.S. § 8307(c) 12 and § 8505(c)(1) 13 .”
Cutshall v. Pub. Sch. Employees' Ret. Bd., 452 A.2d 622 (Pa. Commw. Ct. 1982).
“A disability annuity is available to a member of the system with five years of service who before superannuation age becomes mentally or physically incapable of continuing to perform the duties for which he is employed without regard to the cause of his incapacity.”
— 24 Pa. Cons. Stat. § 8307(a) — 2 cases
— 24 Pa. Cons. Stat. § 8307(b) — 1 case
Burns v. Pub. Sch. Employees' Ret. Bd., 853 A.2d 1146 (Pa. Commw. Ct. 2004).
“24 Pa.C.S. § 8307(b). Burns asserts, since both sub-sections (b) (early annuity) and (c) (disability annuity) use the term “member”, which by definition includes vestees, he should be entitled to apply for a disability annuity as a vestee.”
— 24 Pa. Cons. Stat. § 8307(c) — 4 cases
Burns v. Pub. Sch. Employees' Ret. Bd., 853 A.2d 1146 (Pa. Commw. Ct. 2004).
“24 Pa.C.S. § 8307(b). Burns asserts, since both sub-sections (b) (early annuity) and (c) (disability annuity) use the term “member”, which by definition includes vestees, he should be entitled to apply for a disability annuity as a vestee.”
Trakes v. Pub. Sch. Employes' Ret. Sys., 768 A.2d 357 (Pa. Commw. Ct. 2001).
“24 Pa.C.S. § 8307. Given that Claimants in the above captioned matters raise a common issue, this Court consolidated these appeals by order dated September 20, 1999 for collective disposition.”
Homer v. Pub. Sch. Employes' Ret. Bd., 692 A.2d 632 (Pa. Commw. Ct. 1997).
“On October 27, 1988, the PSERS medical staff made a disability determination in accordance with Section 24 Pa.C.S. § 8307(c) 12 and § 8505(c)(1) 13 .”
Cutshall v. Pub. Sch. Employees' Ret. Bd., 452 A.2d 622 (Pa. Commw. Ct. 1982).
“A disability annuity is available to a member of the system with five years of service who before superannuation age becomes mentally or physically incapable of continuing to perform the duties for which he is employed without regard to the cause of his incapacity.”
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