Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 1032 (February 24, 2024).

4 Pa. Code § 247.5. Member’s options.

§ 247.5. Member’s options.

 Once a member has filed an application for benefits and chosen an option, including a single life annuity, the option shall be deemed to be irrevocable except as otherwise provided in section 5907(j) of the code (relating to rights and duties of State employees and members) or unless an annuitant returns to service for a period not less than 6 months and subsequently retires with recomputation of benefits.

Notes of Decisions

   

   A survivor annuitant may not change a plan elected by the employe-member. Marron v. State Employes’ Retirement Board, 544 A.2d 1095 (Pa. Cmwlth. 1988); appeal denied 562 A.2d 829 (Pa. 1989).

   Selection of a retirement option is generally irrevocable under this section and the Board’s finding that adequate counseling was provided to the retiring employe was supported by substantial evidence. Buchan v. State Employees Retirement Board, 470 A.2d 208 (Pa. Cmwlth. 1984).



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