Pennsylvania Consolidated Statutes

71 Pa. Cons. Stat. § 5306.2 (2026)

Elections by members of the General Assembly.

✓ current as of May 2026

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§ 5306.2. Elections by members of the General Assembly.

(a) General rule.--A member of the General Assembly who on the effective date of this section is eligible for Class D-4 membership may elect to become a member of Class D-4. The election to become a Class D-4 member must be made by the member of the General Assembly by filing written notice with the board before July 1, 2001, or before the member terminates State service as a member of the General Assembly, whichever occurs first.

(b) Effect of election.--Membership as a Class D-4 member shall become effective on July 1, 2001, and shall remain in effect until the termination of service as a member of the General Assembly or an election is made to become a member of Class A-5 or Class A-6 or solely a participant in the plan under section 5306.5 (relating to election by active members to become a Class A-5 member, Class A-6 member or plan participant). Upon termination and a subsequent reemployment, the member's class of service shall be credited in the class of service otherwise provided for in this part, and the State employee's eligibility for participation in the plan shall be as provided in this part.

(c) Effect of failure to make election.--A member of the General Assembly who is a member of Class A as a result of failure to elect to become a member of another class or who is a member of another class other than Class D-4 as a result of electing membership in such class for legislative service shall not be eligible to receive or elect a different class of service for such legislative service either during the period of legislative service or upon termination and subsequent employment unless the State employee elects to become a member of Class A-5 or Class A-6 or solely a participant in the plan under section 5306.5.

(May 17, 2001, P.L.26, No.9, eff. imd.; June 12, 2017, P.L.11, No.5, eff. imd.)

2017 Amendment. Act 5 amended subsecs. (b) and (c).

2001 Amendment. Act 9 added section 5306.2.

Cross References. Section 5306.2 is referred to in sections 5303, 5306 of this title.

Notes of Decisions

Cited in 2 cases, 2006–2007 · leading case: Kelley v. State Employees' Ret. Bd., 932 A.2d 61 (Pa. 2007).

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Kelley v. State Employees' Ret. Bd., 932 A.2d 61 (Pa. 2007). · cites it 2× “71 Pa.C.S § 5306.2 (emphasis added). Section 5306.”

Kelley v. State Employees' Ret. Bd., 890 A.2d 1173 (Pa. Commw. Ct. 2006). · cites it 6× “1)(7), shall receive Class AA service credit for all Class A State service.”

— 71 Pa. Cons. Stat. § 5306.2(a) — 2 cases

Kelley v. State Employees' Ret. Bd., 932 A.2d 61 (Pa. 2007). “71 Pa.C.S § 5306.2 (emphasis added). Section 5306.”

Kelley v. State Employees' Ret. Bd., 890 A.2d 1173 (Pa. Commw. Ct. 2006). “1)(7), shall receive Class AA service credit for all Class A State service.”

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