Pennsylvania Consolidated Statutes

24 Pa. Cons. Stat. § 8313 (2026)

Eligibility for limited early retirement.

✓ current as of May 2026

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§ 8313. Eligibility for limited early retirement.

Notwithstanding any provisions of this title to the contrary, the following early retirement provisions shall be applicable to eligible members:

(1) Any member who, during the period of time from the effective date of this section through July 10, 1998:

(i) has credit for at least 30 eligibility points;

(ii) terminates school service; and

(iii) files an application for an annuity with an effective date of retirement not later than July 11, 1998,

shall be entitled to receive a maximum single life annuity calculated pursuant to section 8342 (relating to maximum single life annuity) without any reduction by virtue of an effective date of retirement which is under the superannuation age.

(2) Any member who, during the period of time from April 1, 1999, through June 30, 1999:

(i) has credit for at least 30 eligibility points;

(ii) terminates school service; and

(iii) files an application for an annuity with an effective date of retirement not later than July 1, 1999,

shall be entitled to receive a maximum single life annuity calculated pursuant to section 8342 without any reduction by virtue of an effective date of retirement which is under the superannuation age.

(Apr. 2, 1998, P.L.229, No.41, eff. imd.)

1998 Amendment. Act 41 added section 8313.

Notes of Decisions

Cited in 2 cases, 2001–2017 · leading case: Forman v. Pub. Sch. Employes' Ret. Bd., 778 A.2d 778 (Pa. Commw. Ct. 2001).

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Forman v. Pub. Sch. Employes' Ret. Bd., 778 A.2d 778 (Pa. Commw. Ct. 2001). · cites it 2× “24 Pa.C.S. § 8313 (Act 41). 2 . Our scope of review is limited to determining whether the decision is constitutionally infirm or not supported by substantial evidence, or whether PSERB committed an error of law.”

L. Volpe v. PSERB (Pa. Commw. Ct. 2017). “) On April 2, 1998, Section 8313 of the Retirement Code, 24 Pa. C.S. § 8313, took effect, which provided PSERS members who met certain criteria, including at least 30 years of service, to retire prior to reaching superannuation age without any reduction of the maximum single…”

— 24 Pa. Cons. Stat. § 8313(l)(iii) — 1 case

Forman v. Pub. Sch. Employes' Ret. Bd., 778 A.2d 778 (Pa. Commw. Ct. 2001). “24 Pa.C.S. § 8313 (Act 41). 2 . Our scope of review is limited to determining whether the decision is constitutionally infirm or not supported by substantial evidence, or whether PSERB committed an error of law.”

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