Pennsylvania Consolidated Statutes

24 Pa. Cons. Stat. § 8307 (2026)

 Eligibility for annuities.

✓ current as of May 2026
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§ 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
Cited in 6 cases, 1982–2017 · leading case: Burns v. Pub. Sch. Employees' Ret. Bd., 853 A.2d 1146 (Pa. Commw. Ct. 2004).
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.”
Baillie v. Pub. Sch. Employees' Ret. Bd., 993 A.2d 944 (Pa. Commw. Ct. 2010). “PSERS also found that Baillie never separated from service.”
C.E. Robertson v. PSERS & Greater Johnstown Career & Tech. Ctr., 162 A.3d 569 (Pa. Commw. Ct. 2017). · cites it 8× “” 24 Pa.C.S. § 8307(a) (emphasis added). Section 8346(a) of the Retirement Code further provides that if, after a termination of service, "an annuitant returns to school service.”
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
Baillie v. Pub. Sch. Employees' Ret. Bd., 993 A.2d 944 (Pa. Commw. Ct. 2010). “PSERS also found that Baillie never separated from service.”
C.E. Robertson v. PSERS & Greater Johnstown Career & Tech. Ctr., 162 A.3d 569 (Pa. Commw. Ct. 2017). “” 24 Pa.C.S. § 8307(a) (emphasis added). Section 8346(a) of the Retirement Code further provides that if, after a termination of service, "an annuitant returns to school service.”
— 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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