An Act amending Title 71 (State Government) of the Pennsylvania Consolidated Statutes, in membership, credited service, classes of service, and eligibility for benefits, further providing for mandatory and optional membership in the system and participation in the plan.

PRINTER'S NO. 200
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 248
Session of
2025
INTRODUCED BY COLEMAN, PHILLIPS-HILL AND STEFANO,
FEBRUARY 13, 2025
REFERRED TO FINANCE, FEBRUARY 13, 2025
AN ACT
Amending Title 71 (State Government) of the Pennsylvania
Consolidated Statutes, in membership, credited service,
classes of service, and eligibility for benefits, further
providing for mandatory and optional membership in the system
and participation in the plan.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5301(b), (b.1), (c) and (d)(2) of Title
71 of the Pennsylvania Consolidated Statutes are amended to
read:
§ 5301. Mandatory and optional membership in the system and
participation in the plan.
* * *
(b) Optional membership in the system.--[The]
(1) Except as provided under paragraph (2), the State
employees listed in subsection (a)(1) through (11) shall have
the right to elect membership in the system; once such
election is exercised, membership shall continue until the
termination of State service. State employees listed in
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subsection (a)(17) who are listed in subsection (a)(1)
through (11) shall have the right to elect membership in
Class A-5 or Class A-6 provided they have not previously
elected to be solely participants in the plan.
(2) A State employee who first becomes a Senator on or
after December 1, 2026, and is not or has not previously been
a member of the system may not elect membership in the
system, but may elect participation in the plan if not a
mandatory participant.
(b.1) Optional participation in the plan.--
(1) The State employees who are optional members of the
system as members of Class A-5 or Class A-6 also are optional
participants in the plan. The State employees who elect
membership in the system as members of Class A-5 or Class A-
6, including the employees who elect to become members of
Class A-5 or Class A-6 under section 5306.5 (relating to
election by active members to become a Class A-5 member,
Class A-6 member or plan participant) also automatically
elect participation in the plan as of the date they elect
membership in the system, except for service as a Class A-5
exempt employee. A State employee can elect participation in
the plan without also electing membership in the system under
section 5306.4.
(2) A State employee who first becomes a Senator on or
after December 1, 2026, and is not or has not previously been
a member of the system or a participant in the plan may elect
to be solely a participant in the plan within 30 days of
taking office as a Senator. The following shall apply:
(i) An election by a Senator to become solely a
participant in the plan under this paragraph shall be
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irrevocable and shall become effective on the date the
State employee takes office as Senator and shall remain
in effect for all future State service, other than
service performed as a Class A-5 exempt employee. Payment
of mandatory participant pickup contributions for service
as a Senator solely as a participant in the plan
performed prior to the election shall be made in a form,
manner and time determined by the board.
(ii) Upon termination and subsequent reemployment, a
Senator who elected to be solely a participant in the
plan under this paragraph shall resume active
participation for State service performed after
reemployment, except as a Class A-5 exempt employee,
regardless of termination of employment, termination of
participation by a partial or total distribution of
vested total defined contributions or status as an
annuitant, vestee or inactive member of the system as a
Class A-5 exempt employee after the termination of
service.
(iii) Failure of a Senator who is eligible to elect
to become solely a participant in the plan under this
paragraph to make the election within 30 days of taking
office as a Senator shall result in all of the Senator's
service as a Senator not being eligible for future
election or crediting as service in the system or as a
participant in the plan.
(c) Prohibited membership in the system.--The State
employees listed in [subsection] subsections (a)(12), (13), (14)
and (15) and (b)(2) shall not have the right to elect membership
in the system.
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* * *
(d) Return to service.--
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(2) An annuitant or a participant receiving
distributions who returns to service as a State employee on
or after January 1, 2019, shall resume active membership in
the system and, if an active member of Class A-5 or Class A-
6, shall be an active participant in the plan as of the
effective date of employment, except as otherwise provided in
section 5706(a), regardless of the optional membership or
participation category of the position: Provided, however,
That a participant or former participant who previously
elected to be solely a participant under subsection (b.1)(2)
or section 5306.4 or 5306.5 shall be a participant in the
plan and not an active member of the system, except for
service as a Class A-5 exempt employee.
* * *
Section 2. This act shall take effect immediately.
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