Pennsylvania Consolidated Statutes

71 Pa. Cons. Stat. § 5309 (2026)

Eligibility for vesting.

✓ current as of May 2026

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§ 5309. Eligibility for vesting.

Any member who:

(1) 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 and terminates State service, or if a multiple service member and an active member of the Public School Employees' Retirement System terminates school service, with five or more eligibility points, or any member with Class G, Class H, Class I, Class J, Class K, Class L, Class M or Class N service with five or more eligibility points, shall be eligible until his required beginning date to vest his retirement benefits.

(2) Has only Class A-3, Class A-4, Class A-5 or Class A-6 service credit and, if a multiple service member, only Class T-E, Class T-F, Class T-G or Class T-H service credit in the Public School Employees' Retirement System and terminates State service, or if a multiple service member and an active member of the Public School Employees' Retirement System terminates school service, with ten or more eligibility points shall be eligible until his required beginning date to vest his retirement benefits.

(3) Has either Class A-3, Class A-4, Class A-5 or Class A-6 service credit and, 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, also has service credited in the system in one or more other classes of service and has five or more, but fewer than ten, eligibility points and terminates State service, or if a multiple service member and an active member of the Public School Employees' Retirement System terminates school service, shall be eligible until his required beginning date to vest his retirement benefits calculated on his service credited in classes of service other than Class A-3, Class A-4, Class A-5 or Class A-6 and to be credited with statutory interest on total accumulated deductions, regardless of whether or not any part of his accumulated deductions are a result of Class A-3, Class A-4, Class A-5 or Class A-6 service credit.

(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.; 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.

Cross References. Section 5309 is referred to in sections 5307, 5955.2 of this title.

Notes of Decisions

Cited in 4 cases, 1976–1985 · leading case: Ass'n of Pennsylvania State Coll. & Univ. Faculties v. State Sys. of Higher Educ., 479 A.2d 962 (Pa. 1984).

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Ass'n of Pennsylvania State Coll. & Univ. Faculties v. State Sys. of Higher Educ., 479 A.2d 962 (Pa. 1984). · cites it 2× “" 71 Pa.C.S. § 5309 (Supp.1984-85). The Commonwealth and other employers whose employees are members of the System are required to make such contributions to the Retirement Fund on behalf of all active members as may be necessary to maintain the actuarial soundness of the Fund.”

Watrel v. Commonwealth, Dep't of Educ., 488 A.2d 378 (Pa. Commw. Ct. 1985). · cites it 2× “71 Pa. C. S. §5309. After securing employment in North Dakota, Watrel tendered payment to DOE for the purchase of his tenth year in the retirement system.”

Pennsylvania Ass'n of State Mental Hosp. Physicians, Inc. v. State Employees' Ret. Bd., 361 A.2d 449 (Pa. Commw. Ct. 1976). “695 (repealed), continued in the State Employees’ Retirement Code in-1974, 71 Pa. C.S. §5309. Plaintiffs, in their complaint, allege the change in retirement credit for part-time employees bears no relationship to actuarial soundness of the fund and may put the defendants to the…”

Pennsylvania Ass'n of State Mental Hosp. Physicians v. State Employees' Ret. Bd., 483 A.2d 1003 (Pa. Commw. Ct. 1984). “A similar provision is now found in Section 5309 of the State Employees’ Retirement Code, 71 Pa. C. S. §5309. Section 401 of the State Employees’ Retirement Code of 1959, formerly, 71 P.”

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