(a) General rule.--County employees who are transferred to State employment pursuant to 42 Pa.C.S. § 1905 (relating to county-level court administrators) may elect to convert their county service in the retirement system or pension plan in which they were contributors immediately prior to the transfer to State employment.
(b) Time for making election.--The election to convert county service to State service must be made by filing written notice with the board within 90 days after the transfer to State employment. An election to convert service shall be effective when filed with the board but shall not be effective before the date of transfer to State employment. An election to convert county service to State service shall be irrevocable.
(c) Effect of failure to make election.--Failure to elect to convert county service to State service within the election period set forth in subsection (b) shall result in the county service not being converted to State service. Transferred employees who do not elect to convert county service to State service shall not have the opportunity to make a subsequent conversion election should they later obtain different employment in the unified judicial system or other State employment eligible for membership in the system.
(d) Effect of election.--An election to convert county service to State service shall convert all county service in the retirement system or pension plan in which the transferred employee was a member immediately before the transfer to State employment, even if not performed as a judicial system employee of the county. The election shall not convert service in other retirement systems or pension plans that is not credited in the county plan from which the member is transferred. Once the conversion occurs, the converted service shall lose all attributes and characteristics as county service and shall be State service as set forth in this part.
(June 22, 1999, P.L.75, No.12, eff. imd.)
1999 Amendment. Act 12 added section 5303.1. See sections 19, 22(b), 23 and 25 of Act 12 in the appendix to this title for special provisions relating to required membership in State Employees' Retirement System, contributions left in county retirement system, cancellation of previously credited county service and determination of final average salary.
Cross References. Section 5303.1 is referred to in sections 5102, 5302, 5303, 5306, 5507, 5906, 5907, 5953.5 of this title.
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