§ 247.11. Priority of forfeitures, attachments and assignments of funds.
(a) The right of a person to any benefit or right accrued or accruing under the code, as amended from time to time, and the moneys in the fund are subject to prior payment or forfeiture of rights, as set forth in section 5953 of the code (relating to taxation, attachment and assignment of funds), in the following sequential priority to the extent the forfeitures and competing claims exist at the time the distribution is made as determined by the Board consistent with applicable law:
(1) For pension forfeitures, fines and restitution as provided under the Public Employee Pension Forfeiture Act (43 P.S. § § 1311—1315), as amended from time to time, or under Pa.Const. Art. V, § 16(b).
(2) To the employer after certification by the head of the employer of the amount that the member is obligated to pay, and after review and approval by the employer’s legal representative or upon receipt of an assignment from the member in the amount so certified.
(3) To an alternate payee or attaching authority as set forth in an approved domestic relations order, order for support, or order for the enforcement of arrearages as described in section 5953.1 of the code (relating to approval of domestic relations orders).
(4) To the member directly or to an eligible retirement plan by way of an eligible rollover distribution.
(b) Payments from a member’s retirement benefits under subsection (a)(2) shall first be made from the entire accumulated deductions then standing to the credit of the member upon entering pay status. The remaining balance, if any, of payments due under subsection (a)(2) and payments due under subsection (a)(3) for orders for support or orders for the enforcement of arrearages, or both, shall be paid out of the monthly annuity payable to or on behalf of the member at the rate of up to 50% (as determined by the System consistent with applicable law) of the gross monthly annuity until paid in full. The amount payable under subsection (a)(3) pursuant to an approved domestic relations order may be paid out of the monthly annuity paid to or on behalf of the member at the rate of up to 100% (as determined by the System consistent with applicable law) of the member’s remaining monthly annuity until paid in full. Unpaid amounts remaining after termination of an annuity paid to or on behalf of the member or, after the death of the member prior to receiving an annuity, shall be paid out of the remaining initial present value then standing to the credit of the member, if any.
Authority The provisions of this § 247.11 adopted under 71 Pa.C.S. § § 5902(h) and 5953.
Source The provisions of this § 247.11 issued August 27, 2010, effective August 28, 2010, 40 Pa.B. 4926.
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