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Current as of January 01, 2026 | Updated by Findlaw Staff
(a) Should a contributor, before reaching superannuation retirement age, for any reason terminate his employment with the municipality, he shall receive a refund of his contributions in full, either with or without interest and excess interest earned as specified in the contract, unless he may be entitled to a retirement allowance for early retirement, and elects to take such retirement allowance. Should such former contributor thereafter return to the service of the same municipality and restore to the fund in such manner as may be agreed upon by such person and the board, his withdrawn contributions as they were at the time of his separation from service, his annuity rights as they existed at the time of separation from service, shall be restored and his obligations as a member shall begin again. The rate of contribution of such returning member shall be the same as it was at the time he separated from service.
(b) Should a contributor, having attained or passed superannuation age, elect, upon leaving the service of the member municipality, not to claim the retirement allowance to which he is entitled, he shall, upon written application, be paid by the board the full amount of his contributions standing to his credit in the member's account, either with or without interest earned and the amount in his excess investment account as stipulated in the contract.
(c)(1) Should a person who has been retired on a retirement allowance under this act and who is not a DROP participant, return to employment on a regular full-time basis in the same municipality, his retirement allowance shall cease, and in the case of an annuity, other than a disability annuity, the present value of such annuity shall be frozen as of the date such annuity ceases. Upon subsequent discontinuance of service, such member, other than a former disability annuitant, shall be entitled to an annuity which is actuarially equivalent to the sum of the present value of the annuity previously being paid and the present value of the annuity earned by further service and further deductions added upon reemployment.
(2) For the purposes of this section if a person, other than a DROP participant, is reemployed following commencement of his retirement allowance, the person shall not be entitled to receive the person's retirement allowance for that month or any subsequent month in which he continues in service.
(3) Notwithstanding clause (2), if the person is otherwise eligible to receive an in-service distribution of his retirement benefit by attainment of normal retirement age as defined in section 411(a)(8) of the Internal Revenue Code, 1 operation of section 401(a)(36) of the Internal Revenue Code 2 or operation of any other provision as may be adopted by the board and consistent with the tax-qualification provisions of the Internal Revenue Code, the person's retirement allowance shall continue to be paid through the period of reemployment. The municipality is required to notify the board immediately of the reemployment status of any retired former employe and file separate monthly reports of his gross earnings as prescribed by the board.
(d) Should a contributor die while in service, any death or survivor benefits for which he may be eligible under the provisions of the contract shall be paid in accordance with the terms of the contract.
(e) Should a contributor die while in service, and before becoming eligible for any other benefits contained in the contract, the full amount of his contributions, either with or without interest and excess interest earned as stipulated in the contract, shall be paid to his estate, or to such person, if living, as he shall have designated in writing, filed with the board as his beneficiary. In case any contributor has failed to designate a beneficiary, or if the named beneficiary has predeceased the member and no such successor beneficiary has been named, and upon the death in service shall have less than one hundred dollars ($100) in accumulated deductions standing to his credit, the board may, if letters testamentary or of administration have not been taken out on his estate within six months after death, pay such accumulated deductions on the claim of the undertaker, or to any person or municipality which shall have paid the claim of the undertaker.
(f) If a member dies while performing qualified military service as defined in section 414(u)(5) of the Internal Revenue Code, 3 the survivors of the member shall be entitled to receive any additional benefits, other than benefit accruals relating to the period of qualified military service, as though the member had returned to service and then terminated employment on account of death.
Cite this article: FindLaw.com - Pennsylvania Statutes Title 53 P.S. Municipal and Quasi-Municipal Corporations § 881.406. Withdrawal; return to service; death in service - last updated January 01, 2026 | https://codes.findlaw.com/pa/title-53-ps-municipal-and-quasimunicipal-corporations/pa-st-sect-53-881-406/
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