§ 602a.1. Residency requirement.
(a) Requirement. An applicant seeking appointment or promotion to a position in the classified service shall be a resident or former resident of the Commonwealth. This subsection does not apply to an individual who was previously a regular employee and who is returned to employment from an approved leave of absence, through mandatory reemployment, or through contractual recall or placement rights.
(b) Resident defined. Except as otherwise provided in this subsection, a resident is an applicant whose current primary residence is within the Commonwealth.
(1) College students. Residents include:
(i) An applicant who is attending a college, university or technical school outside of this Commonwealth, was a resident of this Commonwealth immediately prior to current scholastic enrollment and maintains a current Pennsylvania mailing address.
(ii) An applicant who is attending a college, university or technical school located within this Commonwealth, is currently living in this Commonwealth and maintains a current Pennsylvania mailing address.
(2) Members of the armed forces and their spouses. An applicant who is a current active-duty member of the United States Armed Forces, or who is the spouse of a current active-duty member of the United States Armed Forces, is a resident if the applicant meets either of the following:
(i) The applicant was a resident of this Commonwealth immediately prior to their or their spouse’s most recent enlistment, and they or their spouse are scheduled to be discharged within 90 days of submitting their application to the Office of Administration.
(ii) The applicant is currently living in this Commonwealth as part of their or their spouse’s current enlistment, and they or their spouse are scheduled to be discharged within 90 days of submitting their application to the Office of Administration.
(c) Former resident defined. A former resident of this Commonwealth is an applicant who relocated out-of-State for academic or employment purposes, plans to establish residency in this Commonwealth within 6 months of beginning employment in the classified service and has done one of the following:
(1) Graduated from a public, private or nonpublic secondary school in this Commonwealth, or satisfied the requirements set forth in sections 1327 and 1327.1 of the Public School Code of 1949 (24 P.S. § § 13-1327 and 13-1327.1), within 5 years of applying for a position in the classified service.
(2) Attended a public, private or nonpublic school in this Commonwealth at least 80% of the time while enrolled in grades 1 through 12 within 5 years of applying for a position in the classified service.
(3) Graduated or attended a public, private or nonpublic secondary school in this Commonwealth and graduated from a postsecondary institution in this Commonwealth within 5 years of applying for a position in the classified service.
(d) Counties and administrative districts.
(1) Upon the request and submission of justification by an appointing authority, the Office of Administration may limit certification for appointment or promotion to eligibles who are residents of a county or other administrative district within this Commonwealth, except that the limitations may not be imposed for a job classification for which the residency requirement has been waived in accordance with subsection (e).
(2) In the absence of eligibles who are residents of the county or other administrative district within this Commonwealth specified by the appointing authority, or upon exhaustion of a certified employment list or promotion list limited in accordance with paragraph (1), the Office of Administration may certify eligibles who are residents of contiguous counties or administrative districts or of this Commonwealth, as deemed appropriate by the Office of Administration.
(3) If an eligible changes residence from one county or administrative district to another county or administrative district of this Commonwealth, the Office of Administration may, upon request, transfer the eligible to the appropriate existing employment list or promotion list.
(e) Waiver. The Office of Administration, upon request by one or more appointing authorities, may waive the residency requirement for a vacancy, a job classification, or a group of similar job classifications when, notwithstanding sufficient recruitment methods, there is a demonstrated lack of qualified residents or former residents of this Commonwealth available for a particular occupation.
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