HB 1544 — 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.    1815

                      THE GENERAL ASSEMBLY OF PENNSYLVANIA



                           HOUSE BILL
                           No. 1544
                                                  Session of
                                                    2025

     INTRODUCED BY FINK, MARCELL, D'ORSIE, ROAE, KEPHART, HAMM, ROWE,
        BARGER, ZIMMERMAN, ANDERSON AND WALSH, JUNE 3, 2025

     REFERRED TO COMMITTEE ON STATE GOVERNMENT, JUNE 3, 2025


                                       AN ACT
 1   Amending Title 71 (State Government) of the Pennsylvania
 2      Consolidated Statutes, in membership, credited service,
 3      classes of service, and eligibility for benefits, further
 4      providing for mandatory and optional membership in the system
 5      and participation in the plan.
 6      The General Assembly of the Commonwealth of Pennsylvania
 7   hereby enacts as follows:
 8      Section 1.      Section 5301(b), (b.1), (c) and (d)(2) of Title
 9   71 are amended to read:
10   § 5301.    Mandatory and optional membership in the system and
11                   participation in the plan.
12      * * *
13      (b)    Optional membership in the system.--[The]
14             (1)   Except as provided under paragraph (2), the State
15      employees listed in subsection (a)(1) through (11) shall have
16      the right to elect membership in the system; once such
17      election is exercised, membership shall continue until the
18      termination of State service. State employees listed in
19      subsection (a)(17) who are listed in subsection (a)(1)
 1    through (11) shall have the right to elect membership in
 2    Class A-5 or Class A-6 provided they have not previously
 3    elected to be solely participants in the plan.
 4        (2)   A State employee who first becomes a Representative
 5    of the House of Representatives on or after December 1, 2026,
 6    and is not or has not previously been a member of the system
 7    may not elect membership in the system, but may elect
 8    participation in the plan if not a mandatory participant.
 9    (b.1)   Optional participation in the plan.--
10        (1)   The State employees who are optional members of the
11    system as members of Class A-5 or Class A-6 also are optional
12    participants in the plan. The State employees who elect
13    membership in the system as members of Class A-5 or Class A-
14    6, including the employees who elect to become members of
15    Class A-5 or Class A-6 under section 5306.5 (relating to
16    election by active members to become a Class A-5 member,
17    Class A-6 member or plan participant) also automatically
18    elect participation in the plan as of the date they elect
19    membership in the system, except for service as a Class A-5
20    exempt employee. A State employee can elect participation in
21    the plan without also electing membership in the system under
22    section 5306.4.
23        (2)   A State employee who first becomes a Representative
24    of the House of Representatives on or after December 1, 2026,
25    and is not or has not previously been a member of the system
26    or a participant in the plan may elect to be solely a
27    participant in the plan within 30 days of taking office as a
28    Representative of the House of Representatives. The following
29    shall apply:
30              (i)   An election by a Representative of the House of

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 1        Representatives to become solely a participant in the
 2        plan under this paragraph shall be irrevocable and shall
 3        become effective on the date the State employee takes
 4        office as a Representative of the House of
 5        Representatives and shall remain in effect for all future
 6        State service, other than service performed as a Class A-
 7        5 exempt employee. Payment of mandatory participant
 8        pickup contributions for service as a Representative of
 9        the House of Representatives solely as a participant in
10        the plan performed prior to the election shall be made in
11        a form, manner and time determined by the board.
12             (ii)    Upon termination and subsequent reemployment, a
13        Representative of the House of Representatives who
14        elected to be solely a participant in the plan under this
15        paragraph shall resume active participation for State
16        service performed after reemployment, except as a Class
17        A-5 exempt employee, regardless of termination of
18        employment, termination of participation by a partial or
19        total distribution of vested total defined contributions
20        or status as an annuitant, vestee or inactive member of
21        the system as a Class A-5 exempt employee after the
22        termination of service.
23             (iii)    Failure of a Representative of the House of
24        Representatives who is eligible to elect to become solely
25        a participant in the plan under this paragraph to make
26        the election within 30 days of taking office as a
27        Representative of the House of Representatives shall
28        result in all of the Representatives of the House of
29        Representative's service as a Representative of the House
30        of Representatives not being eligible for future election

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 1            or crediting as service in the system or as a participant
 2            in the plan.
 3      (c)   Prohibited membership in the system.--The State
 4   employees listed in [subsection] subsections (a)(12), (13), (14)
 5   and (15) and (b)(2) shall not have the right to elect membership
 6   in the system.
 7      * * *
 8      (d)   Return to service.--
 9            * * *
10            (2)   An annuitant or a participant receiving
11      distributions who returns to service as a State employee on
12      or after January 1, 2019, shall resume active membership in
13      the system and, if an active member of Class A-5 or Class A-
14      6, shall be an active participant in the plan as of the
15      effective date of employment, except as otherwise provided in
16      section 5706(a), regardless of the optional membership or
17      participation category of the position: Provided, however,
18      That a participant or former participant who previously
19      elected to be solely a participant under subsection (b.1)(2)
20      or section 5306.4 or 5306.5 shall be a participant in the
21      plan and not an active member of the system, except for
22      service as a Class A-5 exempt employee.
23      * * *
24      Section 2.    This act shall take effect immediately.




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