71 Pa. Cons. Stat. § 5955

Construction of part.

Find cases: SyfertCases citing this section PA-LEGpalegis.us JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

§ 5955. Construction of part.

(a) Exclusive source of rights and benefits.--Regardless of any other provision of law, pension and benefit rights of State employees shall be determined solely by this part or any amendment thereto or the plan document established by the board; and no collective bargaining agreement nor any arbitration award between the Commonwealth and other employers and the Commonwealth's and other employer's employees or their collective bargaining representatives shall be construed to change any of the provisions herein, to require the board to administer pension or retirement benefits not set forth in this part or not established by the board in the plan document, to require the board to modify, amend or change any of the terms and provisions of the plan document, or to otherwise require action by any other government body pertaining to pension or retirement benefits or rights of State employees. Notwithstanding the foregoing, any pension or retirement benefits or rights previously so established by or as a result of an arbitration award shall remain in effect after the expiration of the current collective bargaining agreement between the State employees so affected and the Commonwealth until the expiration of each of the collective bargaining agreements in effect on January 1, 2011, at which time the classes of membership and resulting member contribution rates and contributions for creditable nonstate service, eligibility for vesting, withdrawal and superannuation annuities, optional modification of annuities and other terms and conditions related to class of membership shall be as determined by this part for employees covered by those and successor collective bargaining agreements. For purposes of administering this part, for those State employees who are members of each such collective bargaining unit, the date January 1, 2011, contained in this part, except in this section, shall be replaced with the date of the day immediately following the expiration of each such collective bargaining agreement. The provisions of this part insofar as they are the same as those of existing law are intended as a continuation of such laws and not as new enactments. The provisions of this part shall not affect any act done, liability incurred, right accrued or vested, or any suit or prosecution pending or to be instituted to enforce any right or penalty or to punish any offense under the authority of any repealed laws.

(b) (Reserved).

(c) Officer or member of the Pennsylvania State Police.--

(1) Notwithstanding a provision of subsection (a) or section 12.1 of the act of November 23, 2010 (P.L.1269, No.120), regarding the continued effectiveness of pension or retirement benefits or rights previously established by or as a result of a binding arbitration award issued before July 1, 1989, under the act of June 24, 1968 (P.L.237, No.111), referred to as the Policemen and Firemen Collective Bargaining Act, and implemented by the board, the eligibility for and calculation of pension or retirement benefits or rights under the binding arbitration award of a State employee who first becomes a State police officer on or after January 1, 2019, and before the effective date of section 5306.6 (relating to election to purchase nonintervening military service) who does not make the election under section 5306.6, shall be determined using only service performed and compensation and eligibility points earned as an officer or member of the Pennsylvania State Police or while on USERRA leave from service as an officer or member of the Pennsylvania State Police and provided that service credit and eligibility points for service as an officer or member of the Pennsylvania State Police shall be adjusted for any other concurrent service as a State employee.

(2) Any service other than service as an officer or member of the Pennsylvania State Police performed by a State employee eligible for a benefit under the binding arbitration under paragraph (1) shall be used to determine benefits as provided in this part in addition to any benefit an officer or member of the Pennsylvania State Police is eligible to receive under the binding arbitration award as set forth in this subsection.

(3) The following shall apply:

(i) The eligibility for and calculation of pension or retirement benefits or rights under the binding arbitration award of a State employee who first becomes a State police officer on or after January 1, 2019, and before the effective date of section 5306.6 and who makes the election under section 5306.6, or who first becomes a State police officer on or after the effective date of section 5306.6, shall be determined using only service performed and compensation and eligibility points earned:

(A) as an officer or member of the Pennsylvania State Police;

(B) while on USERRA leave from service as an officer or member of the Pennsylvania State Police; or

(C) from creditable nonstate service purchased under section 5304(c)(2) (relating to creditable nonstate service) while an officer or member of the Pennsylvania State Police.

(ii) Service credit and eligibility points for service as an officer or member of the Pennsylvania State Police shall be adjusted for any other concurrent service as a State employee.

(iii) Any service, other than the following, purchased or performed by a State employee eligible for a benefit under the binding arbitration award shall be used to determine benefits as provided under this part in addition to any benefit an officer or member of the Pennsylvania State Police is eligible to receive under the binding arbitration award as provided under this subsection:

(A) Creditable nonstate service purchased under section 5304(c)(2) while an officer or member of the Pennsylvania State Police.

(B) Service as an officer or member of the Pennsylvania State Police.

(4) A State employee who meets either of the following and who terminates State service on or after January 1, 2019, shall be eligible to receive a maximum single life annuity before optional modification under section 5705 (relating to member's options) equal to the maximum single life annuity that the State employee is eligible to receive under this part attributable to all credited service, compensation and eligibility points:

(i) First becomes a State police officer on or after January 1, 2019, and before the effective date of section 5306.6 and who did not make the election under section 5306.6 who does not have 20 or more eligibility points as an officer or member of the Pennsylvania State Police or from USERRA leave from service as an officer or member of the Pennsylvania State Police.

(ii) First becomes a State police officer on or after January 1, 2019, and who made the election under section 5306.6, or who first becomes a State police officer on or after the effective date of section 5306.6 who does not have 20 or more eligibility points as an officer or member of the Pennsylvania State Police or from USERRA leave from service as an officer or member of the Pennsylvania State Police or from creditable nonstate service purchased under section 5304(c)(2).

(5) Except as otherwise provided under this part, service as a State police officer credited in the system shall not operate to prevent any State employee from being a participant in the plan for any State service that is not service as a Class A-5 exempt employee that would otherwise result in participation in the plan. Any benefit resulting from participation in the plan shall be in addition to any benefit a State police officer may be eligible to receive as a member of the system.

(6) As used in this subsection, the following words and phrases shall have the meanings given to them in this paragraph unless the context clearly indicates otherwise:

"Binding arbitration award." A binding arbitration award issued before July 1, 1989, under the Policemen and Firemen Collective Bargaining Act, and implemented by the board.

(7) For the determination of the entire annuity under this subsection and any applicable binding arbitration award, any salary or compensation for service as a Class A-5 exempt employee by a State employee who first became a member of the system on or after January 1, 2019, shall not include remuneration received in any pay period for voluntary overtime service or duty that exceeds 10% of the State employee's base salary or wages in that pay period.

(d) Adverse inference.--Nothing in this part shall be construed to mean that the limitations on benefits or other requirements under IRC § 401(a) or other applicable provisions of the IRC which are applicable to participants in the plan do not apply to the participants or to members of the system and the benefits payable under this part.

(Aug. 5, 1991, P.L.183, No.23, eff. imd.; Nov. 23, 2010, P.L.1269, No.120, eff. imd.; June 12, 2017, P.L.11, No.5, eff. imd.; July 1, 2020, P.L.600, No.55, eff. imd.)

2020 Amendment. Act 55 amended subsecs. (c)(1), (3) and (4).

2010 Amendment. See section 12.1 of Act 120 in the appendix to this title for special provisions relating to effect on State Police.

Cross References. Section 5955 is referred to in sections 5306.6, 5955.1 of this title.

Notes of Decisions

Cited in 32 cases, 1976–2018 · leading case: Borough of Ellwood City v. Ellwood City Police Department Wage & Policy Unit

Sort: Relevance Newest Treatment

Borough of Ellwood City v. Ellwood City Police Department Wage & Policy Unit (2003) pa · cites it 4× “2d at 807 (quoting 71 Pa.C.S. § 5955). While recognizing that the purport of this section was clearly to remove pension rights as a bargainable item under the provisions of Act 111, the Court nonetheless framed the question raised in the case as "whether the Commonwealth is to…”

City of Scranton v. Firefighters Local Union No. 60 (2011) pa · cites it 4× “2d 94 (1990), superseded by statute, 71 Pa.C.S. § 5955, as *782 additional support.”

Office of Admin. & Pa. State Police v. State Employees' Ret. Bd. (2018) pa · cites it 4× “Further, the hearing officer concluded that, to allow the union differentials paid to Claimants to be considered retirement-covered compensation would essentially allow a collective bargaining agreement or arbitration award to dictate the pension rights of state employees, in…”

Pennsylvania State Police v. Pennsylvania State Troopers Ass'n (1997) pacommwct · cites it 3× “The Commonwealth contended that an award of increased pension benefits was expressly prohibited by Section 5955 of the Retirement Code, 8 and that the arbitrators, in awarding expanded benefits, acted in excess of their powers.”

Caba v. Weaknecht (2013) pacommwct “2d 94 (1990), superseded by statute, 71 Pa.C.S. § 5955]. Likewise, no one could reasonably dispute that the responsive action of the Legislature, taken so soon after the Supreme Court’s decision, was a direct response to correct what it felt was an erroneous interpretation of…”

King v. STATE EMP. RETIREMENT BD. (1989) pacommwct · cites it 2× “First, he contends that had the delegates to the constitutional convention intended the term "compensation" to include retirement benefits they would have stated so more clearly in drafting *451 Section 16(b).”

State Conference of State Police Lodges of the Fraternal Order of Police v. Commonwealth (1987) pacommwct · cites it 4× “71 Pa. C. S. §5955. The FOPs contentions concerning section 5955 are that, reading the section to prohibit dealing with pensions in the collective bargaining process and also to prevent binding arbitration from mandating pension legislation, then (1) the section is invalid as a…”

International Brotherhood of Firemen & Oilers, AFL-CIO Local 1201 v. School District (1976) pa “31, § 2(d), in so far as it is inconsistent with 71 Pa.C.S. § 5955, concerning pension rights of State employees.”

Commonwealth v. Pennsylvania State Troopers Ass'n (2011) pa “71 Pa.C.S. § 5955 (emphasis added). By its terms, this partial repealer of Act 111 is concerned overwhelmingly — perhaps exclusively — with employee pension and retirement rights, not the salary of union-leave employees.”

Weaver v. State Employees' Retirement Board (2015) pacommwct “of State employees shall be determined solely by this part or any amendment thereto, and no collective bargaining agreement nor any arbitration award between the Commonwealth and its employees or their collective bargaining representatives shall be construed to change any of the…”

Buehl v. Horn (1999) pacommwct “2d 94 (1990), superseded by statute, 71 Pa.C.S. § 5955; Neshaminy Federation of Teachers v.”

Commonwealth v. State Conference of State Police Lodges of Fraternal Order of Police (1988) pacommwct · cites it 3× “The Commonwealth contends that an award of increased pension benefits is expressly prohibited by Section 5955 of the Retirement Code, 71 Pa. C. S. §5955. That section provides in pertinent part: Pension rights of State employees shall be determined solely by this part or any…”

Show all 32 citing cases →

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.