§ 5308. Eligibility for annuities.
(a) Superannuation annuity.--Attainment of superannuation age by an active member, an inactive member on leave
without pay or a participant with service credited as a member of the system with
three or more eligibility points other than eligibility points resulting from nonstate
service or nonschool service shall entitle him to receive a superannuation annuity
upon termination of State service and compliance with section 5907(f) (relating to
rights and duties of State employees, members and participants).
(b) Withdrawal annuity.--
(1) Any vestee or any active member, inactive member on leave without pay or participant
with service credited as a member of the system who terminates State service having
five or more eligibility points and who does not have Class A-3, Class A-4, Class
A-5 or Class A-6 service credit or, if a multiple service member, Class T-E, Class
T-F, Class T-G or Class T-H service credit in the Public School Employees' Retirement
System, or who has Class G, Class H, Class I, Class J, Class K, Class L, Class M or
Class N service and terminates State service having five or more eligibility points,
upon compliance with section 5907(f), (g) or (h) shall be entitled to receive an annuity.
(2) Any vestee, active member, inactive member on leave without pay or participant with
service credited as a member of the system who has Class A-3, Class A-4, Class A-5
or Class A-6 service credit or, if a multiple service member, Class T-E, Class T-F,
Class T-G or Class T-H service credit in the Public School Employees' Retirement System
who terminates State service having ten or more eligibility points, upon compliance
with section 5907(f), (g) or (h), shall be entitled to receive an annuity.
(3) Any vestee, active member or inactive member on leave without pay or participant with
service credited as a member of the system who has either Class A-3, Class A-4, Class
A-5 or Class A-6 service credit or, if a multiple service member, Class T-E, Class
T-F, Class T-G or Class T-H service credit in the Public School Employees' Retirement
System and also has service credited in the system in one or more other classes of
service who has five or more, but fewer than ten, eligibility points, upon compliance
with section 5907(f), (g) or (h), shall be eligible to receive an annuity calculated
on his service credited in classes of service other than Class A-3, Class A-4, Class
A-5 or Class A-6, provided that the member has five or more eligibility points resulting
from service in classes other than Class A-3, Class A-4, Class A-5 or Class A-6 or
Class T-E, Class T-F, Class T-G or Class T-H service in the Public School Employees'
Retirement System.
(c) Disability annuity.--An active member or inactive member on leave without pay who has five or more eligibility
points other than eligibility points resulting from membership in the Public School
Employees' Retirement System or any active member or inactive member on leave without
pay who is an officer of the Pennsylvania State Police or an enforcement officer shall,
upon compliance with section 5907(k), 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 in accordance with the provisions of section 5905(c)(1)
(relating to duties of the board regarding applications and elections of members and
participants).
(d) Required beginning date.--Members eligible for an annuity must commence receiving the annuity by the member's
required beginning date.
(Oct. 7, 1975, P.L.348, No.101, eff. imd.; Apr. 29, 1994, P.L.159, No.29, eff. 60
days; June 22, 1999, P.L.75, No.12, eff. imd.; May 17, 2001, P.L.26, No.9, eff. July
1, 2001; Nov. 23, 2010, P.L.1269, No.120, eff. imd.; Oct. 24, 2012, P.L.1436, No.181,
eff. Dec. 31, 2012; Dec. 28, 2015, P.L.529, No.93, eff. imd.; June 12, 2017, P.L.11,
No.5, eff. imd.)
2001 Amendment. See section 37 of Act 9 in the appendix to this title for special provisions relating
to applicability of amendment to State Employees' Retirement System members.
1975 Amendment. Section 3 of Act 101 provided that the provision of section 5308(a) requiring three
or more years of credited State or school service for eligibility for a superannuation
annuity shall be applicable only to members joining the system on or after the effective
date of the act.
Cross References. Section 5308 is referred to in sections 5307, 5310, 5702, 5703, 5704, 5705, 5707,
5955.2 of this title.
Notes of Decisions
King v. State Emp. Ret. Bd., 566 A.2d 323 (Pa. Commw. Ct. 1989).
· cites it 2× “He relies upon Section 5308(b) of the Code, 71 Pa.C.S. § 5308(b), which provides: Any vestee or any active member or inactive member on leave without pay who terminates State service having ten or more eligibility points, upon compliance with Section 5907(f), (g) or (h) shall be…”
Teti v. State Employees' Ret. Bd., 981 A.2d 399 (Pa. Commw. Ct. 2009).
· cites it 5× “Section 5308 of the Retirement Code, 71 Pa.C.S. § 5308, identifies three types of annuities available to members: superannuation, withdrawal (commonly known as early retirement), and disability.”
Hutchinson v. Pennsylvania State Employes' Ret. Bd., 738 A.2d 7 (Pa. Commw. Ct. 1999).
· cites it 2× “, 71 Pa.C.S. §§ 5308(a), 5308(b), 5309, 5311, 5701, 5702, 5705(a), 5905(f), 5905.”
Marinucci v. State Employees' Ret. Sys., 863 A.2d 43 (Pa. Commw. Ct. 2004).
“) 71 Pa. C.S. § 5308(c). 5 . We do note that even if Claimant had signed an application for disability, which she did not, SERS could not be bound by the terms of a collective bargaining agreement to which it was not a party, especially where compliance with the agreement would…”
Daneker v. State Employes' Ret. Bd., 628 A.2d 491 (Pa. Commw. Ct. 1993).
· cites it 2× “General eligibility for disability annuities is addressed in Code section 5308(c), 71 Pa.C.S. § 5308(c), as follows: (c) Disability annuity.”
Dingel v. Commonwealth, 435 A.2d 664 (Pa. Commw. Ct. 1981).
“Entitlement To A Disability Annuity To be eligible for a disability annuity under Section 5308 of the State Employees’ Retirement Code (Code), as amended, 71 Pa. C. S. §5308, a state employee must satisfy three criteria: (1) status as an active member or an inactive member on…”
Underkoffler v. Commonwealth, 432 A.2d 319 (Pa. Commw. Ct. 1981).
“Section 5308(c) of the State Employees’ Retirement Code (Code), as amended, 71 Pa. C. S. §5308(c), provides as follows: (c) An active member .”
Albright v. Commonwealth, State Employes' Ret. Sys., 500 A.2d 522 (Pa. Commw. Ct. 1985).
“of the *136 State Employes’ Retirement Code (Code), 71 Pa. C. S. §5308(o). Petitioner was employed by tbe Department of Public Welfare from July 18, 1966 to August 12, 1976, and during that time worked as a nursing assistant at tbe PMMpsburg State General Hospital.”
Waters v. State Employees' Ret. Bd., 955 A.2d 466 (Pa. Commw. Ct. 2008).
“Section 5308(c) of the Retirement Code, 71 Pa.C.S. § 5308(c); Dingel v. State. Employees’ Retirement System, 62 Pa.”
Crouse v. Commonwealth, 729 A.2d 1268 (Pa. Commw. Ct. 1999).
“71 Pa.C.S. § 5308, which provides in subsection (c), relating to disability annuity: An active member or inactive member on leave without pay who has credit for at least five years of service .”
— 71 Pa. Cons. Stat. § 5308(a) — 3 cases
Hutchinson v. Pennsylvania State Employes' Ret. Bd., 738 A.2d 7 (Pa. Commw. Ct. 1999).
“, 71 Pa.C.S. §§ 5308(a), 5308(b), 5309, 5311, 5701, 5702, 5705(a), 5905(f), 5905.”
Teti v. State Employees' Ret. Bd., 981 A.2d 399 (Pa. Commw. Ct. 2009).
“Section 5308 of the Retirement Code, 71 Pa.C.S. § 5308, identifies three types of annuities available to members: superannuation, withdrawal (commonly known as early retirement), and disability.”
— 71 Pa. Cons. Stat. § 5308(b) — 3 cases
King v. State Emp. Ret. Bd., 566 A.2d 323 (Pa. Commw. Ct. 1989).
“He relies upon Section 5308(b) of the Code, 71 Pa.C.S. § 5308(b), which provides: Any vestee or any active member or inactive member on leave without pay who terminates State service having ten or more eligibility points, upon compliance with Section 5907(f), (g) or (h) shall be…”
Teti v. State Employees' Ret. Bd., 981 A.2d 399 (Pa. Commw. Ct. 2009).
“Section 5308 of the Retirement Code, 71 Pa.C.S. § 5308, identifies three types of annuities available to members: superannuation, withdrawal (commonly known as early retirement), and disability.”
— 71 Pa. Cons. Stat. § 5308(b)(1) — 1 case
— 71 Pa. Cons. Stat. § 5308(b)(2) — 1 case
— 71 Pa. Cons. Stat. § 5308(c) — 8 cases
Marinucci v. State Employees' Ret. Sys., 863 A.2d 43 (Pa. Commw. Ct. 2004).
“) 71 Pa. C.S. § 5308(c). 5 . We do note that even if Claimant had signed an application for disability, which she did not, SERS could not be bound by the terms of a collective bargaining agreement to which it was not a party, especially where compliance with the agreement would…”
Daneker v. State Employes' Ret. Bd., 628 A.2d 491 (Pa. Commw. Ct. 1993).
“General eligibility for disability annuities is addressed in Code section 5308(c), 71 Pa.C.S. § 5308(c), as follows: (c) Disability annuity.”
Underkoffler v. Commonwealth, 432 A.2d 319 (Pa. Commw. Ct. 1981).
“Section 5308(c) of the State Employees’ Retirement Code (Code), as amended, 71 Pa. C. S. §5308(c), provides as follows: (c) An active member .”
Teti v. State Employees' Ret. Bd., 981 A.2d 399 (Pa. Commw. Ct. 2009).
“Section 5308 of the Retirement Code, 71 Pa.C.S. § 5308, identifies three types of annuities available to members: superannuation, withdrawal (commonly known as early retirement), and disability.”
— 71 Pa. Cons. Stat. § 5308(f)(3)(i) — 1 case
— 71 Pa. Cons. Stat. § 5308(o) — 1 case
Albright v. Commonwealth, State Employes' Ret. Sys., 500 A.2d 522 (Pa. Commw. Ct. 1985).
“of the *136 State Employes’ Retirement Code (Code), 71 Pa. C. S. §5308(o). Petitioner was employed by tbe Department of Public Welfare from July 18, 1966 to August 12, 1976, and during that time worked as a nursing assistant at tbe PMMpsburg State General Hospital.”
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