Pennsylvania Consolidated Statutes

71 Pa. Cons. Stat. § 5101 (2026)

Short title.

✓ current as of May 2026

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PART XXV

RETIREMENT FOR STATE EMPLOYEES

AND OFFICERS

Chapter

51. Preliminary Provisions

53. Membership, Credited Service, Classes of Service, and Eligibility for Benefits

55. Contributions

57. Benefits

58. State Employees' Defined Contribution Plan

59. Administration, Funds, Accounts, General Provisions

Enactment. Part XXV was added March 1, 1974, P.L.125, No.31, effective immediately.

Special Provisions in Appendix. See sections 2, 3 and 4 of Act 31 of 1974 in the appendix to this title for special provisions relating to the applicability and effective date of Part XXV and continuation of former provisions of law.

See sections 16 and 17 of Act 29 of 1994 in the appendix to this title for special provisions relating to contractual rights of alternate payees and contractual rights of alternate payees and members.

See sections 10, 11 and 13 of Act 77 of 1995 in the appendix to this title for special provisions relating to construction and administration of State employees' provisions, references to Internal Revenue Code of 1986, qualified pension plans and termination of annuities.

See sections 19 and 20 of Act 12 of 1999 in the appendix to this title for special provisions relating to required membership in State Employees' Retirement System and membership terms and conditions.

See sections 1, 23, 26, 28, 32, 33, 34, 35 and 36 of Act 9 of 2001 in the appendix to this title for special provisions relating to legislative intent, effect on current members of limitation on benefits, references to Internal Revenue Code, obligation to make payments within specified time periods, funding liability for additional benefits, requirements for qualification as qualified pension plan, applicability of limitations on benefits, construction and administration of act and severability.

See sections 21, 22, 23, 24, 25 and 26 of Act 38 of 2002 in the appendix to this title for special provisions relating to determination of final average salary, cancellation of service in other retirement systems, statements or estimates of benefits, obligation to make payments within specified time periods, transfers from Public School Employees' Retirement System and legislative intent.

See sections 12, 12.1, 13, 14, 15, 16, 23, 24, 25, 26, 27, 28 and 28.1 of Act 120 of 2010 in the appendix to this title for special provisions relating to continuation of contribution rates, effect on State Police, applicability to pension obligation bonds, certain public officials held harmless, construction of calculation or actuarial method, restoration of service credit or retirement benefits, effect of Act 120 on Part XXV, construction and administration of Act 120, qualification of State Employees' Retirement System under Internal Revenue Code of 1986, Class A-3 or Class A-4 membership limited, changes in accrued liability of State Employees' Retirement System, Class A-3 or Class A-4 member eligibility and construction of law.

See sections 12(2), 13, 14, 15, 16, 17, 18, 19, 20 and 21 of Act 181 of 2012 in the appendix to this title for special provisions relating to applicability, computation of benefits, member statements, obligation to make payments within specified time periods, restoration of service credits or retirement benefits, Pennsylvania State Police, construction of law, construction and administration of Act 181, requirements for qualification as qualified pension plan and references to Internal Revenue Code of 1986 or 38 U.S.C. Ch. 43.

See sections 24, 28, 29 and 30 of Act 93 of 2015 in the appendix to this title for special provisions relating to references to Internal Revenue Code of 1986, requirements for qualification as qualified pension plan, construction of law and applicability of law.

See sections 401, 402, 404, 406, 412.1, 413 and 415 of Act 5 of 2017 in the appendix to this title for special provisions relating to applicability, construction of calculation or actuarial method, accrued liability funding, construction related to Federal law, determination of Class A-5 or Class A-6 service credit, provisions held invalid and obligation to make payments within specified time periods.

CHAPTER 51

PRELIMINARY PROVISIONS

Sec.

5101. Short title.

5102. Definitions.

5103. Notice to members and participants.

5104. Reference to State Employees' Retirement System.

Enactment. Chapter 51 was added March 1, 1974, P.L.125, No.31, effective immediately.

§ 5101. Short title.

This part shall be known and may be cited as the "State Employees' Retirement Code."

Notes of Decisions

Cited in 38 cases, 1976–2018 · leading case: Smith v. Smith, 938 A.2d 246 (Pa. 2007).

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Smith v. Smith, 938 A.2d 246 (Pa. 2007). · cites it 4× “Before, during, and after the marriage, Husband was employed by the Commonwealth of Pennsylvania in the Department of Corrections, accruing pension benefits through the Pennsylvania State Employees Retirement System ("SERS"), as established pursuant to the State Employees'…”

Goodheart v. Casey, 565 A.2d 757 (Pa. 1989). · cites it 2× “NOTES [1] The core of the controversy in both appeals was the validity of a statutory provision, 71 Pa.C.S. § 5101, et seq., (cited as the State Employees Retirement Code of 1974), eliminating certain options for retirement contribution and increasing contribution rates for…”

Ass'n of Pennsylvania State Coll. & Univ. Faculties v. State Sys. of Higher Educ., 479 A.2d 962 (Pa. 1984). · cites it 2× “This is a direct appeal from an order of the Commonwealth Court declaring unconstitutional and permanently enjoining the enforcement of an amendment to the State Employees' Retirement Code ("Code"), 71 Pa.C.S. § 5101 et seq., requiring each member of the State Employees'…”

McKenna v. State Employees' Ret. Bd., 433 A.2d 871 (Pa. 1981). · cites it 2× “[9] *330 In 1974, the Legislature established a new retirement system, the State Employees' Retirement Code (Code of 1974), 71 Pa.C.S. § 5101 et seq. This Code of 1974 abandoned the Compensation Commission's final average salary freeze.”

Pa Sch. Boards Ass'n, Inc. v. Com., Pub. Sch. Employees'Ret. Bd., 863 A.2d 432 (Pa. 2004). “See 71 Pa.C.S. § 5101 et seq. Finally, PSERS argues that its interpretation of the Code provision it is charged to administer is, at a minimum, reasonable, and it is therefore entitled to deference under settled law.”

Pennsylvania State Univ. v. State Employees' Ret. Bd., 880 A.2d 757 (Pa. Commw. Ct. 2005). · cites it 2× “In accordance with the provisions of the Retirement Code, 71 Pa.C.S. §§ 5101 et seq., and by special legislation amending that statute, employees of [PSU] are eligible, but not required, to *761 participate in the retirement plan administered and operated by SERS.”

Marshall v. State Employees' Ret. Sys., 887 A.2d 351 (Pa. Commw. Ct. 2005). · cites it 2× “[2] 71 Pa.C.S. §§ 5101 5956. [3] The Retirement Code defines a DRO as: Any judgment, decree or order, including approval of a property settlement agreement, entered .”

Catania v. Com., State Emp. Ret., 450 A.2d 1342 (Pa. 1982). “, 71 Pa.C.S. § 5101, et seq. (Supp. 1981-82).”

Dep't of the Auditor Gen. v. State Employees' Ret. Sys., 836 A.2d 1053 (Pa. Commw. Ct. 2003). “SERS is an independent Commonwealth agency which administers the provision of retirement benefits to state employees and elected officials under the State Employees’ Retirement Code, 71 Pa.C.S. §§ 5101 — 5956, and PSERS is an independent agency which administers the provision of…”

Commonwealth v. Pennsylvania State Troopers Ass'n, 23 A.3d 966 (Pa. 2011). “71 Pa.C.S. § 5101. Section 5802(b)(2) of the SERC is found in a chapter of this Part concerning “Membership, Credited Service, Classes of Service, and Eligibility for Benefits.”

United Brokers Mortg. Co. v. Fid. Philadelphia Trust Co., 363 A.2d 817 (Pa. Commw. Ct. 1976). “The defendant, State Employees’ Retirement Board was created by the State Employees’ Retirement Code, 71 Pa. C.S. §5101 et seq. The legislation characterizes it as an independent administrative board of the, Commonwealth with seven members including the State Treasurer and six…”

White v. Employes'Ret. Sys., 565 A.2d 839 (Pa. Commw. Ct. 1989). · cites it 2× “The Supreme Court, which had accepted plenary jurisdiction, observed that the plaintiff-judges fell into three classes: (1) those who had completed ten years of judicial service after June 22, 1972 (the effective date of the 1972 modifications) but before March 1, 1974 (the…”

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