Part II. Executive officers (Repealed) Chapter 11. Compensation (Repealed)




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TABLE OF CONTENTS

 

TITLE 71

STATE GOVERNMENT

 

PART II.  EXECUTIVE OFFICERS



(Repealed)

 

Chapter 11.  Compensation (Repealed)

 

§ 1101 - § 1105 (Repealed).



 

PART V.  BOARDS AND OFFICES

 

Chapter 41.  Independent Fiscal Office

 

§ 4101. Scope of chapter.



§ 4102. Definitions.

§ 4103. Office established.

§ 4104. Duties of office.

§ 4105. Revenue estimates.

§ 4106. Budget information.

§ 4107. Expenditures.

§ 4108. Revenue conference.

§ 4109. Access to information.

§ 4110. Selection and organization committee.

§ 4111. Appointment.

§ 4112. Powers and duties of director.

§ 4113. Records.

§ 4114. Repeal.

 

PART XXV.  RETIREMENT FOR STATE EMPLOYEES



AND OFFICERS

 

Chapter 51.  Preliminary Provisions

 

§ 5101. Short title.



§ 5102. Definitions.

§ 5103. Notice to members.

 

Chapter 53.  Membership, Credited Service, Classes of Service, and Eligibility for Benefits

 

§ 5301. Mandatory and optional membership.



§ 5302. Credited State service.

§ 5303. Retention and reinstatement of service credits.

§ 5303.1. Election to convert county service to State service.

§ 5303.2. Election to convert school service to State service.

§ 5304. Creditable nonstate service.

§ 5305. Social security integration credits.

§ 5305.1. Eligibility for actuarial increase factor.

§ 5306. Classes of service.

§ 5306.1. Election to become a Class AA member.

§ 5306.2. Elections by members of the General Assembly.

§ 5306.3. Election to become a Class A-4 member.

§ 5307. Eligibility points.

§ 5308. Eligibility for annuities.

§ 5308.1. Eligibility for special early retirement.

§ 5308.2. Eligibility for limited early retirement.

§ 5309. Eligibility for vesting.

§ 5309.1. Eligibility for special vesting.

§ 5310. Eligibility for death benefits.

§ 5311. Eligibility for refunds.

 

Chapter 55.  Contributions

 

§ 5501. Regular member contributions for current service.



§ 5501.1. Shared-risk member contributions for Class A-3 and Class A-4 service.

§ 5501.2. Definitions.

§ 5502. Social Security integration member contributions.

§ 5502.1. Waiver of regular member contributions and Social Security integration member contributions (Expired).

§ 5503. Joint coverage member contributions.

§ 5503.1. Pickup contributions.

§ 5504. Member contributions for the purchase of credit for previous State service or to become a full coverage member.

§ 5505. Contributions for the purchase of credit for creditable nonstate service.

§ 5505.1. Additional member contributions.

§ 5506. Incomplete payments.

§ 5506.1. Annual compensation limit under IRC § 401(a)(17).

§ 5507. Contributions by the Commonwealth and other employers.

§ 5508. Actuarial cost method.

§ 5509. Appropriations and assessments by the Commonwealth.

 

Chapter 57.  Benefits

 

§ 5701. Return of total accumulated deductions.



§ 5701.1. Transfer of accumulated deductions.

§ 5702. Maximum single life annuity.

§ 5703. Reduction of annuities on account of social security old-age insurance benefits.

§ 5704. Disability annuities.

§ 5705. Member's options.

§ 5705.1. Payment of accumulated deductions resulting from Class  A-3 and Class A-4 service.

§ 5706. Termination of annuities.

§ 5707. Death benefits.

§ 5708. Supplemental annuities.

§ 5708.1. Additional supplemental annuities.

§ 5708.2. Further additional supplemental annuities.

§ 5708.3. Supplemental annuities commencing 1994.

§ 5708.4. Special supplemental postretirement adjustment.

§ 5708.5. Supplemental annuities commencing 1998.

§ 5708.6. Supplemental annuities commencing 2002.

§ 5708.7. Supplemental annuities commencing 2003.

§ 5708.8. Special supplemental postretirement adjustment of 2002.

§ 5709. Payment of benefits.

§ 5710. Payments under other laws.

 

Chapter 59.  Administration, Funds, Accounts, General Provisions

 

Subchapter A.  Administration

 

§ 5901. The State Employees' Retirement Board.



§ 5902. Administrative duties of the board.

§ 5903. Duties of the board to advise and report to heads of departments and members.

§ 5904. Duties of the board to report to the Public School Employees' Retirement Board.

§ 5905. Duties of the board regarding applications and elections of members.

§ 5905.1. Installment payments of accumulated deductions.

§ 5906. Duties of heads of departments.

§ 5907. Rights and duties of State employees and members.

§ 5908. Rights and duties of annuitants.

 

Subchapter C.  State Employees' Retirement Fund and Accounts

 

§ 5931. Management of fund and accounts.



§ 5932. State Employees' Retirement Fund.

§ 5933. Members' savings account.

§ 5934. State accumulation account.

§ 5935. Annuity reserve account.

§ 5936. State Police benefit account.

§ 5937. Enforcement officers' benefit account.

§ 5938. Supplemental annuity account.

§ 5939. Interest reserve account.

§ 5940. Northern Ireland-related investments.

§ 5941. Benefits completion plan.

 

Subchapter E.  General Provisions

 

§ 5951. State guarantee.



§ 5952. State supervision.

§ 5953. Taxation, attachment and assignment of funds.

§ 5953.1. Approval of domestic relations orders.

§ 5953.2. Irrevocable beneficiary.

§ 5953.3. Irrevocable survivor annuitant.

§ 5953.4. Amendment of approved domestic relations orders.

§ 5953.5. Transfer of domestic relations orders against county pension plans.

§ 5954. Fraud and adjustment of errors.

§ 5955. Construction of part.

§ 5955.1. Construction of part with respect to older workers protection.

§ 5955.2. Construction of part with respect to the Internal Revenue Code.

§ 5956. Provisions severable.

§ 5957. Independent Fiscal Office study.

 

 



 

 

TITLE 71

STATE GOVERNMENT

 

Part

  II.  Executive Officers (Repealed)

   V.  Boards and Offices

 XXV.  Retirement for State Employees and Officers.

 

Enactment. Unless otherwise noted, the provisions of Title 71 were added March 1, 1974, P.L.125, No.31, effective immediately.

 

 

PART II



EXECUTIVE OFFICERS

(Repealed)

 

Chapter

   11.  Compensation (Repealed)

 

2005 Repeal. Part II (Chapter 11) was added July 7, 2005, P.L.201, No.44, and repealed November 16, 2005, P.L.385, No.72, effective immediately. Similar subject matter is now contained in the act of September 30, 1983, P.L.160, No.39, known as the Public Official Compensation Law.

 

 



CHAPTER 11

COMPENSATION

(Repealed)

 

2005 Repeal. Chapter 11 (§§ 1101 - 1105) was added July 7, 2005, P.L.201, No.44, and repealed November 16, 2005, P.L.385, No.72, effective immediately. Similar subject matter is now contained in the act of September 30, 1983, P.L.160, No.39, known as the Public Official Compensation Law.

 

 

PART V



BOARDS AND OFFICES

 

Chapter

  41.  Independent Fiscal Office

 

Enactment. Part V was added November 23, 2010, P.L.1269, No.120, effective May 1, 2011, unless otherwise noted.

 

 

CHAPTER 41



INDEPENDENT FISCAL OFFICE

 

 



Sec.

4101.  Scope of chapter.

4102.  Definitions.

4103.  Office established.

4104.  Duties of office.

4105.  Revenue estimates.

4106.  Budget information.

4107.  Expenditures.

4108.  Revenue conference.

4109.  Access to information.

4110.  Selection and organization committee.

4111.  Appointment.

4112.  Powers and duties of director.

4113.  Records.

4114.  Repeal.

 

Enactment. Chapter 41 was added November 23, 2010, P.L.1269, No.120, effective May 1, 2011, unless otherwise noted.



Cross References. Chapter 41 is referred to in sections 4102, 4109, 4114 of this title.

§ 4101.  Scope of chapter.

This chapter relates to independent fiscal estimates.



§ 4102.  Definitions.

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:



"Committee." The Independent Fiscal Office Selection and Organization Committee.

"Commonwealth agency." Any office, department, authority, board, multistate agency or commission of the executive branch. The term includes:

(1)  The Office of the Governor.

(2)  The Office of Attorney General, the Department of the Auditor General and the Treasury Department.

(3)  An independent agency as defined in 62 Pa.C.S. § 103 (relating to definitions).

(4)  A State-affiliated entity as defined in 62 Pa.C.S. § 103 (relating to definitions).

(5)  The General Assembly.

(6)  The Judiciary.

"Director." The Director of the Independent Fiscal Office.

"Office." The Independent Fiscal Office established in section 4103 (relating to office established).

 

Effective Date. Section 29(2) of Act 120 of 2010 provided that section 4102 shall take effect November 30, 2010.



§ 4103.  Office established.

There is established a nonpartisan Independent Fiscal Office as an independent agency.

 

Cross References. Section 4103 is referred to in section 4102 of this title.

§ 4104.  Duties of office.

(a)  Mandatory.--The office shall:

(1)  Prepare revenue estimates to include Federal funds, State revenues and funds from other resources, including any projected revenue surplus or deficit for a given fiscal year, as provided under section 4105 (relating to revenue estimates).

(2)  By November 15 of each year, provide an assessment of the State's current fiscal condition and a projection of what the fiscal condition will be during the next five years. The assessment shall take into account the state of the economy, demographics, revenues and expenditures.

(3)  Develop performance measures for executive-level programs and departments and evaluate performance measures and results as promulgated and reported by executive-level departments. Performance measurements shall be outcome based and include, but not be limited to, activity cost analysis, measures of status improvement of recipient populations, economic outcomes and performance benchmarks against similar State programs.

(4)  Provide an analysis, including economic impact, of all tax and revenue proposals submitted by the Governor or the Office of the Budget.

(5)  Study and analyze the existing sales and use tax law and propose recommendations to the Governor and the General Assembly for amending the tax to:

(i)  eliminate obsolete and unnecessary provisions;

(ii)  expand the tax base as necessary;

(iii)  ensure a competitive economic market in this Commonwealth; and

(iv)  protect the stability of the Commonwealth's budget.

(6)  Establish an Internet website.

(7)  Study and analyze the impact of shared-risk contributions under 24 Pa.C.S. § 8321(b) (relating to regular member contributions for current service) and section 5501.1 (relating to shared-risk member contributions for Class A-3 and Class A-4 service).



(b)  Discretionary.--The office may:

(1)  Develop and use econometric models to annually forecast State revenues and update the models. The office shall make the equations of a model and any historic databases related thereto available to the chairman and minority chairman of the Appropriations Committee of the Senate, the chairman and minority chairman of the Appropriations Committee of the House of Representatives, the Majority Leader and Minority Leader of the Senate and the Majority Leader and Minority Leader of the House of Representatives.

(2)  Provide an analysis of the executive budget, including budgetary projections, economic outlook and economic impact. The budget analysis may include performance recommendations to secure greater efficiency and economy.

(3)  Provide an assessment of the Pennsylvania economy and the national economy and the impact of the existing or emerging State or national economic trends on revenue performance for the current year and the forecasted or projected revenue collections for the budget year and the succeeding year.



§ 4105.  Revenue estimates.

(a)  Initial revenue estimate.--By May 1, the office shall submit to the General Assembly an initial revenue estimate for the next fiscal year.

(b)  Official revenue estimate.--

(1)  By June 15 of each year, the office shall submit an official revenue estimate for the next fiscal year.

(2)  A revenue estimate submitted under this section shall be considered by the Governor and the General Assembly as the amount of revenue which may be considered for the General Appropriation Act for the ensuing fiscal year unless the General Assembly or the Governor determines that revenues are greater than or less than the estimate provided under this section. The office may amend the revenue estimate under this section if changes in law affecting revenues and receipts are enacted or proposed to be enacted with the annual State budget or unless significant changes in economic assumptions occur prior to June 30. The office shall submit the amended revenue estimate to the General Assembly within ten days of the change.

(3)  The office shall publish the methodology used to develop revenue estimates.



(c)  Information.--The office shall provide the chairman and minority chairman of the Appropriations Committee of the Senate, the chairman and minority chairman of the Appropriations Committee of the House of Representatives and the Secretary of the Budget all data, assumptions or econometric models used to develop projections and revenue estimates.

(d)  Required information.--

(1)  A revenue estimate submitted by the office under subsection (b) shall include:

(i)  Projected revenue collections by specific tax or revenue source, including Federal funds, the General Fund, the Lottery Fund and the Motor License Fund.

(ii)  All data, assumptions and econometric models used to develop a revenue estimate.

(iii)  Any projected revenue surplus or deficit for the current fiscal year.

(2)  A revenue estimate shall be based on existing law and tax policy and existing or emerging State or national economic trends.



(e)  Proposed change in law.--The office shall prepare a revenue estimate of any change in law affecting revenues and receipts, including increases in regulatory fees, proposed or considered as part of the annual State budget. If the proposed change in law will have a fiscal impact in excess of $10,000,000 in any fiscal year, the estimate shall be prepared on the basis of assumptions that estimate the probable behavioral responses of taxpayers, businesses and other persons to the proposed changes and shall include a statement identifying those assumptions. The information may be used to revise the revenue estimate under subsection (a).

(f)  Department of Revenue.--The Department of Revenue in conjunction with the Secretary of the Budget shall make revenue estimates for the use of the Governor in preparing the budget.

(g)  Governor.--The Governor shall certify that any appropriation bill does not cause total appropriations to exceed  revenues plus any unappropriated surplus as provided in section 618 of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929.

 

Cross References. Section 4105 is referred to in sections 4104, 4108, 4109 of this title.



§ 4106.  Budget information.

The office shall be notified and shall attend any briefings provided by the Governor or the Secretary of the Budget under section 619 of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929.



§ 4107.  Expenditures.

(a)  Expenditure reports.--Commonwealth agencies shall make monthly expenditure data available to the office. The data shall be provided within seven days after the end of each month. The monthly data shall include a summary of the last monthly submission. The data shall be provided in finished reports or electronically, as provided in the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929. The data shall be provided by fund, by appropriation, by department and by organization within each department and shall include:

(1)  Number of filled personnel positions and their cost.

(2)  Itemized personnel vacancies and their cost.

(3)  New positions created and their cost.

(4)  Wage and overtime costs.

(5)  Allotments and expenditures for itemized personnel expenses.

(6)  Allotments and expenditures for itemized operating expenses.

(7)  Allotment and expenditures for itemized fixed assets.

(8)  The rate of expenditures in appropriations for major subsidy and grant programs during the month.

(b)  Revenue reports.--The Governor shall direct that monthly revenue reports be submitted to the office. The revenue reports shall show the actual collection of revenue itemized by source and a comparison of the actual collections with estimated collections for each month. The comparison shall include an analysis of any change in collection patterns which will cause a shortfall or overrun on annual estimates of more than 1%.

(c)  Other revenue data.--Commonwealth agencies shall cause to be prepared any other revenue data as may be requested from time to time by the office.

(d)  Electronic access.--Except for information that is confidential pursuant to statute, the office shall have access to all information available under this section on inquiry-only screens through an integrated central computer system.

§ 4108.  Revenue conference.

By January 31 of each year, the office shall convene a meeting with the Secretary of the Budget, the Secretary of Revenue and the chairman and minority chairman of the Appropriations Committee of the Senate and the chairman and minority chairman of the Appropriations Committee of the House of Representatives to discuss the following:

(1)  The Pennsylvania economy and the national economy and the impact of the economic trends on revenue performance for the budget year and the succeeding year.

(2)  Current year-to-date revenue collections by specific tax or revenue source, including Federal funds, the General Fund, the Lottery Fund and the Motor License Fund and variations that may be occurring in the revenue estimate submitted under section 4105(a) (relating to revenue estimates).

(3)  Any statutory or tax policy changes that may be recommended by the Governor or the General Assembly for the next succeeding fiscal year.

§ 4109.  Access to information.

(a)  Agencies.--The director is authorized to secure information, data, expense information, estimates and statistics directly from a Commonwealth agency or a political subdivision. All Commonwealth agencies and political subdivisions shall furnish the director with all reports of expenditure for each agency and any other available material or data which the director determines to be necessary in the performance of the duties of the office, other than material the disclosure of which would be a violation of law. The director is also authorized, upon agreement with the head of any Commonwealth agency or political subdivision, to utilize the services, facilities and personnel of the agency with or without reimbursement.

(b)  Office of the Budget.--In carrying out the duties and functions of the office, the director is authorized to obtain information, data, estimates and statistics developed by the Office of the Budget and all Commonwealth agencies. The Office of the Budget shall submit to the office copies of final agency budget requests at the same time they are submitted to the General Assembly under the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929.

(c)  Computer database.--In order to carry out its duties under this chapter, the office shall have access to any computerized database of a State agency that is required to aid the office in the performance of its duties, except that any statutory requirements regarding privacy of individuals' records shall be observed in providing access.

(d)  Daily revenue data.--

(1)  The Secretary of Revenue and the Secretary of the Budget shall post revenue collection data for each deposit day and make the information available to the office and the chairman and minority chairman of the Appropriations Committee of the Senate and the chairman and minority chairman of the Appropriations Committee of the House of Representatives.

(2)  The Governor, the Attorney General, the Auditor General and the State Treasurer shall cause to be prepared any other revenue data as may be requested by the office.

(e)  Tax information.--For the purposes of carrying out its official duties under section 4105 (relating to revenue estimates) and notwithstanding any other law of this Commonwealth, the office shall be authorized to access any information in the possession of the Department of Revenue that is obtained from tax payments, returns or reports, including adjustments or corrections made by the department. The information accessed under this section shall be confidential except for official purposes and any person divulging the information shall be subject to section 731 of the act of April 9, 1929 (P.L.343, No.176), known as The Fiscal Code.

(f)  Civil action.--If information is not made available by a Commonwealth agency or political subdivision within a reasonable time, the director may make a written request to the agency head, stating the authority to receive the information. The agency head shall have 15 days to respond. If the information is not provided within 15 days of the receipt of the director's request, the director may bring a civil action to require the agency head to provide the information.

§ 4110.  Selection and organization committee.

(a)  Selection and organization committee.--The Independent Fiscal Office Selection and Organization Committee is  established to organize the office and select the director of the office. The committee shall consist of the following:

(1)  The chairman and minority chairman of the Appropriations Committee of the Senate and the chairman and minority chairman of the Appropriations Committee of the House of Representatives.

(2)  The Majority Leader and the Minority Leader of the Senate and the Majority Leader and the Minority Leader of the House of Representatives.

(3)  The President pro tempore of the Senate and the Speaker of the House of Representatives.



(b)  Duties of committee.--By January 15, 2011, the selection and organization committee shall deliberate the following:

(1)  The procedures to be adopted to select the director of the office.

(2)  The operational budget for the office.

 

Effective Date. Section 29(2) of Act 120 of 2010 provided that section 4110 shall take effect November 30, 2010.



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