(a) General rule.--A person who is:

(1) a member of the system; or

(2) a multiple service member who is a school employee and a member of the Public School Employees' Retirement System;

who on July 1, 2001, is eligible for Class AA membership may elect to become a member of Class AA.

(b) Time for making election.--The election to become a Class AA member must be made by the member filing written notice with the board before January 1, 2002, or before the member terminates State service or, if a school employee, terminates school service, whichever occurs first.

(c) Effect of election.--An election to become a Class AA member shall become effective the later of July 1, 2001, or the date when the election is filed with the board and shall remain in effect until the termination of employment or an election is made to become a member of Class A-5 or Class A-6 or solely a participant in the plan under section 5306.5 (relating to election by active members to become a Class A-5 member, Class A-6 member or plan participant). Upon termination and subsequent reemployment, the member's class of service shall be credited in the class of service otherwise provided for in this part, and the State employee's eligibility for participation in the plan shall be as provided in this part.

(d) Effect of failure to make election.--Subject to the provisions of this part relating to election of Class A-5 or Class A-6 or to be solely a participant in the plan, failure to elect to become a Class AA member within the election period set forth in subsection (b) shall result in all of the member's Class A State service, other than service performed as a State police officer or in a position in which the member could elect a class of membership other than Class A, being credited as Class A service and not subject to further election or crediting as Class AA service upon termination and subsequent employment.

(May 17, 2001, P.L.26, No.9, eff. July 1, 2001; June 12, 2017, P.L.11, No.5, eff. imd.)

2017 Amendment. Act 5 amended subsecs. (c) and (d).

2001 Amendment. Act 9 added section 5306.1. See section 38(b) of Act 9 in the appendix to this title for special provisions relating to elections to change member classification.

Cross References. Section 5306.1 is referred to in sections 5303, 5306 of this title.