§ 213.2. Credited school service.
(a) Computation. For the purposes of computing credited school service, the following conditions apply:
(1) A full-time salaried employee shall receive 1 year of credited service for each nonoverlapping period of 12 consecutive employable months for which the employee contributes for at least 180 full-day sessions of employment. A full-time salaried employee is not eligible to earn more than 1 year of credited service during 12 consecutive months although the employee may be employed for full-day sessions or for hours in excess of the limitations set forth in this section.
(2) A part-time salaried employee, that is, one who is compensated as a percentage of annual salary, shall receive credited service based on the proportion of full-time service for which the employee is employed during a school year.
(3) A per diem employee, having achieved eligibility by virtue of being employed for at least 80 full-day sessions during the fiscal year, shall receive a portion of credited service based on the relationship of actual full-day sessions worked as it relates to the 180 full-day session limitation.
(4) An hourly school employee, having achieved membership eligibility by virtue of being employed at least 500 hours in a fiscal year, shall receive a proportion of credited service based on the actual hours worked as it relates to 1,100 hours.
(5) A member with credit for multiple service or with credit in the School Employees’ Retirement Program who is employed on a concurrent basis, in one or more districts or with this Commonwealth, is not entitled to more than 1 year of credited service for a consecutive 12-month period.
(6) Notwithstanding the limitations in paragraphs (1)—(5), employees who may be on strike will not be eligible for credited service during a strike period unless the days or hours lost by virtue of the strike are actually served and compensation paid.
(b) Approved leaves of absence. Credited service will be granted to an active member for an approved leave of absence as authorized under sections 8102 and 8302 of the Retirement Code (relating to definitions; and credited school service). Members may be granted other types of leaves of absence, not authorized by the Retirement Code, but the leaves will not entitle the member to any credited service, during the period of the leave. Credited service for the approved leaves of absence will be granted under the following conditions only:
(1) The member shall return to the school district for a period at least equal to the length of the leave or 1 year, whichever is less, unless this condition is waived by the employer.
(2) Proper contributions, based on the salary the member would have received had the member been in regular full-time employment with the employer during the period of the leave, are made by the member and by the employer if required. An employer may not be permitted to suspend the requirement of making its required contributions during the period of the leave. Contributions made by the member during the period of the leave shall be transmitted through the school district on a monthly basis in the same manner as active members.
(c) Cancellation. In all cases when a member withdraws accumulated deductions, all credited service shall be canceled. A member who has so withdrawn accumulated deductions and has credited service canceled shall, upon a reentry into the System, be eligible to purchase this service under this section 8303 of the Retirement Code (relating to eligibility points for retention and reinstatement of service credit).
(d) Improperly credited service. If the Board finds that any school service has been improperly credited, it will cancel the credit and refund to the member accumulated deductions attributable thereto.
(e) Retirement Code reference: Section 8302 of the Retirement Code.
Source The provisions of this § 213.2 amended October 16, 1998, effective October 17, 1998, 28 Pa.B. 5226; amended August 1, 2008, effective August 2, 2008, 38 Pa.B. 4083. Immediately preceding text appears at serial pages (249402) to (249404).
Notes of Decisions Leave of Absence
There was no mention in the termination agreement that the employe was being granted a leave of absence; thus, the employe is not entitled to receive credited service to the official resignation date set forth in the termination agreement. Hoerner, Jr. v. Public School Employees’ Retirement Board, 684 A.2d 112 (Pa. 1996).
Regulation Invalid
The Commonwealth Court did not err in concluding that the Board’s regulation defining a full school year as 1,100 hours rather than 180 days was contrary to the Retirement Code. The regulation was properly held invalid. Commonwealth v. Pennsylvania School Boards Association, Inc., 682 A.2d 291 (Pa. 1996).
Because the full-time salaried school employe worked for only 163 days of the school year due to a lawful strike, the employe was entitled to service credit for the corresponding fraction of the full year under 24 P. S. § 8302 (relating to credited school service). However, under this regulation, the employe was entitled to 1 year of service credit. The result produced by the regulation is clearly contrary to the one reached via the formula articulated in the enabling statute; therefore, the regulation is invalid. Pennsylvania Sch. Bds. Ass’n v. Public Sch. Employees’ Retirement Sys., 659 A.2d 86 (Pa. Cmwlth. 1995); appeal granted 670 A.2d 140 (Pa. 1995); affirmed 682 A.2d 291 (Pa. 1996).
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