§ 247.4. Disability annuities.
(a) Social Security integration credits. If a member, eligible for a disability annuity, is also eligible to receive a Social Security integration annuity, the total annuity shall be payable to the member unless he elects to receive his Social Security integration accumulated deductions in lieu of the additional benefit at the time his application for disability benefits is filed. If a member eligible to receive a disability annuity does not have sufficient Social Security integration credits to receive an annuity based thereon, as provided in the code, then the filing of the disability annuity application shall automatically entitle him to a return of his accumulated social security integration deductions, if any. In the event a disability annuitant returns to State service, he shall be eligible to reinstate Social Security integration credits previously earned for which the accumulated deductions have been withdrawn, as provided in this section, and he shall be eligible to accrue social security integration credits for subsequent service upon restoration of the withdrawn funds. Eligibility for reinstatement of the credits and restoration of the funds shall be available only at the time of return to State service and application therefor shall be made within 30 days of notification of eligibility by the Board.
(b) Service connected disability annuities. Eligibility for a service connected disability benefit shall be determined exclusively under the provisions of the Pennsylvania Workmen’s Compensation Act (77 P.S. § § 1—1023), and the Pennsylvania Occupational Disease Act (77 P.S. § § 1201—1603), and other compensation statutes applicable to special classes of Commonwealth employes. A service-connected disability, shall total 70% of the final average salary, and includes within that annuity the benefit amounts awarded by the Social Security Administration and the agency or agencies having jurisdiction over the determination of the applicable State benefits. The benefit shall continue as long as the member is entitled to receive the State compensation benefits. The service-connected disability shall be discontinued if the State compensation authorities determine that the service-connected disability has ceased. In that event, a member shall be eligible for normal disability benefits, as provided in section 5704(a) of the code (relating to disability annuities) if the Board determines that the member remains disabled. The service-connected disability benefit shall be payable as of the effective date of the application for disability benefits filed with the Board, irrespective of the date the State compensation award was made.
Source The provisions of this § 247.4 amended March 12, 1976, 6 Pa.B. 449. Immediately preceding text appears at serial page (18760).
Notes of Decisions Receipt of benefits under the Workers’ Compensation Act (77 P.S. § § 1—1023) is a necessary precondition to a finding of service connected disability; thus, cessation of former state employee’s workers’ compensation benefits rendered her ineligible for service connected disability supplement under the State Employees’ Retirement Code, 71 Pa.C.S. § § 5101—5956. Waters v. State Employees’ Retirement Bd., 955 A.2d 466, 473-474 (Pa. Cmwlth. 2008).
The Board must treat a former employee’s disability as nonservice connected absent receipt of benefits under the Workmen’s Compensation Act or the Occupational Disease Act. Daneker v. State Employees’ Retirement Board, 628 A.2d 491 (Pa. Cmwlth. 1993).
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