§ 249.7. Rights and duties of employees and members.
(a) Proof of date of birth. The Board will accept certification from the employing agency as to the proof of the date of birth for purposes of this section, which shall also include certification by the member, as required by the Board. The proof of date of birth shall be furnished concurrently with the Application for Membership. Under section 5907(a) of the code (relating to rights and duties of State employees and members) each new State employee shall furnish proof of his date of birth. The following, in the order of preference, will be acceptable:
(1) Birth certificate.
(2) Baptismal record.
(3) Selective service record.
(4) Armed forces discharge.
(5) Passport.
(6) School record.
(7) Life insurance policy.
(8) Naturalization record.
(9) Alien registration record.
(10) Another record that may be submitted by the member, which is acceptable to the Board.
(b) Time when service purchase is paid. Under section 5907(d) of the code, an eligible school employee who desires to receive credit for service in this System or to become a full coverage member shall, upon written agreement to do so, make payment for the purchase in a lump sum and not by payroll deductions within 30 days after billing.
(c) Full coverage election. In the event a joint coverage member elects to vest his retirement rights, under section 5907(f)(2) of the code, the member shall concurrently elect to become a full coverage member and agree to pay, within 30 days of certification, the amount due. In the absence of an election, an election for full coverage membership shall be irrevocably forfeited unless the member returns to service, whereupon membership shall be mandatory and shall be retroactive for all periods of State service, with appropriate statutory interest added to the charges therefor.
(d) Effect of election to receive a benefit. A member who terminates State service, who is eligible to elect to withdraw his total accumulated deductions, or vest his retirement rights, or receive an immediate annuity, shall, by exercising the election, be deemed to have made an irrevocable choice which may not be changed unless the change was made prior to the effective date of termination of service. For the purposes of this section there may be no termination of service if a person transfers between departments or returns to the same department within 2 weeks after the last day of compensation. In the event a member has filed an application to withdraw his total accumulated deductions and has returned to State service prior to receipt of payment therefore, the member will not be deemed to be eligible for a withdrawal of the accumulated deductions. An election to receive any of the three benefits made after the effective date of termination of service shall be deemed to be irrevocable and no change may be permitted, except to elect early retirement from vesting.
(e) Ineligibility to select any benefit. When a member enters upon retirement, the member shall either execute the application on his own behalf or, in the case when the member is mentally incompetent to do so, the application shall be executed by a guardian appointed by a court. In the case of a member who is physically unable to file the application, it may be filed by anyone possessing a power of attorney. In all instances, the Board will be furnished and will review the legal documents designating persons who are eligible to act on behalf of eligible members.
(f) Effect of election of benefits. A member who is eligible for a maximum annuity or a reduced annuity under Option 1, 2, 3 or 4, upon filing an application to receive the benefits, shall, subsequent to termination of service, be deemed to have irrevocably selected the benefit and no change may be permitted, except as provided in section 5907(j) of the code.
(g) Rights and duties of State employees—members—disability applicants. A disability applicant who is required by the Board to furnish additional medical documentation to support his application, shall provide the documentation within 30 days of the request, or the Board may render the disability applicant null and void. In that event, or in the event the Board denies a disability applicant for insufficient medical evidence, the applicant may still file, within 90 days after notification, an application to vest or take an annuity, if the applicant is eligible for same. The filing shall be considered timely, as of the original eligibility date, for the purposes of payment of other benefits or vesting, as the case may be.
(h) Beneficiary nomination. Every member shall nominate a beneficiary and, if desired, a contingent beneficiary, in writing on a form to be supplied by and filed with the Board.
Source The provisions of this § 249.7 amended through March 12, 1976, 6 Pa.B. 449; amended April 16, 2010, effective April 17, 2010, 40 Pa.B. 2015. Immediately preceding text appears at serial pages (348059) to (348061).
Notes of Decisions Benefit Plan Change
The State Employees’ Retirement Board correctly denied the petitioner’s request to change his retirement benefits option election from nondisability, early retirement annuitant to disability retirement, where the final and binding nature of a retirement benefit election is absolute. Crouse v. State Employes’ Retirement System, 729 A.2d 1268 (Pa. Cmwlth. 1999).
The unequivocal language of this regulation prevents a change in benefit plans even if the pensioners were misled by inadequate counseling. Cosgrove v. State Employes’ Retirement Board, 665 A.2d 870 (Pa. Cmwlth. 1995).
A survivor annuitant may not change a plan elected by the employee-member. Marron v. State Employes’ Retirement Board, 544 A.2d 1095 (Pa. Cmwlth. 1988); appeal denied 562 A.2d 829 (Pa. 1989).
Remedies
The doctrine of estoppel cannot be imposed for inadequate consultation advice based upon a failure to tell the prospective retirees about an option as application of the doctrine would violate positive law. Cosgrove v. State Employes’ Retirement Board, 665 A.2d 870 (Pa. Cmwlth. 1995).
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