§ 243.2. Temporary and seasonal employes.
(a) In those cases where an individual is employed on a temporary basis with a predetermined date of termination which is less than one year, although that may occur more than 100 days or 750 hours after the initial date of employment, such employe shall not be eligible for membership based thereon. Such employe shall not be prohibited from purchasing such service in the future should he become a permanent employe. This provision shall be inapplicable to provisional employes since that term pertains to civil service and not retirement.
(b) All employes hired to perform services on a permanent basis, as defined in the personnel rules, irrespective of the category of the position which they currently occupy, whether temporary or not, shall be deemed Commonwealth employes for retirement purposes. In all cases of doubt, the Board will determine whether a particular individual is eligible for membership. Persons who are members of the System by virtue of complying with any of the minimums established in section 5301(a) of the code (relating to mandatory and optional membership) shall not be disqualified from continuing membership by virtue of a change in the method of compensation.
Source The provisions of this § 243.2 amended March 12, 1976, 6 Pa.B. 449. Immediately preceding text appears at serial page (18751).
Law Reviews Annual Survey of Selected Court Decisions: Labor and Employment Law: Simmonds v. State Employes’ Retirement System, Hensel, Susan. 6 Widener J. Public L. 811 (1997).
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