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Disability Retirement Benefits - PSERs

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Public School Employees’ <strong>Retirement</strong> System<br />

Let’s Talk About<br />

<strong>Disability</strong><br />

<strong>Retirement</strong><br />

<strong>Benefits</strong><br />

Publication # 9540 4/2012


The Public School Employees’ <strong>Retirement</strong><br />

System (PSERS) provides this document<br />

for educational and informational purposes.<br />

Information in this document is general in<br />

nature, does not cover all factual circumstances,<br />

and is not a complete statement of the law or<br />

administrative rules. The statements in this<br />

document are not binding. In any conflict<br />

between the statements in this document and<br />

applicable law or administrative rules, the law<br />

and administrative rules will prevail.<br />

This document is designed solely to provide<br />

an overview of benefi ts available to PSERS<br />

members and is not intended to be a substitute<br />

for retirement counseling. If you are considering<br />

a disability retirement, you are encouraged<br />

to contact PSERS to meet with a PSERS<br />

Regional Representative. The representative<br />

will guide you through the process to ensure<br />

timely fi lling of your application.


Table of Contents<br />

What is a <strong>Disability</strong> Benefi t? ................. 1<br />

Eligibility................................................ 2<br />

Monthly Payments ................................ 3<br />

How do I Apply?.................................... 5<br />

Charges for Requesting Medical<br />

Information............................................ 6<br />

Eligibility Determination ........................ 7<br />

Date of <strong>Retirement</strong> Determination ........ 7<br />

Appeals Process................................... 7<br />

What if Appeals Process is<br />

Exhausted?........................................... 8<br />

Length of Benefi t .................................. 8<br />

Benefi t Renewal Process ..................... 9<br />

Working While Receiving a <strong>Disability</strong><br />

Benefi t ............................................. 9-10<br />

Earnings Limitations ...................... 10-12<br />

Health Insurance Choices ............. 13-14<br />

Premium Assistance ........................... 15<br />

Taxes on Benefi t ................................. 15<br />

<strong>Retirement</strong> Options........................ 16-17<br />

Topics to Discuss with Employer ........ 17<br />

Contacting PSERS ............................. 18<br />

Comparison of Benefi ts ................. 19-20


The disability retirement<br />

benefit – What is it?<br />

Unlike an insurance policy, a disability<br />

retirement benefi t is an actual retirement<br />

benefi t. You must fi le an Application for<br />

<strong>Disability</strong> <strong>Retirement</strong> (PSRS-49) to be<br />

considered for the benefi t.<br />

Benefi ts are subject to approval, denial,<br />

or renewal based on your medical<br />

documentation and your job description.<br />

PSERS reserves the right to review and/<br />

or revoke your disability benefi t at any<br />

time.<br />

Generally, a disability retirement benefi t<br />

is designed to provide at least one-third<br />

of your fi nal average salary. If granted<br />

disability benefi ts, you will receive a<br />

monthly retirement benefi t payment for<br />

as long as you are deemed disabled<br />

and comply with the necessary requirements.<br />

Your benefi t is subject to an<br />

annual earnings limitation and ongoing<br />

submission of medical documentation.<br />

You may receive a disability retirement<br />

benefi t from PSERS and receive a disability<br />

benefi t from another plan such as<br />

workers’ compensation, social security,<br />

and/or an independent insurance company.<br />

Receiving other disability benefi ts<br />

will not affect your PSERS disability retirement<br />

benefi t; however, your PSERS<br />

disability retirement benefi t may affect<br />

other disability benefi ts. Your insurance<br />

provider or workers’ compensation carrier<br />

may require you to reimburse them<br />

for any retroactive disability retirement<br />

1


enefi ts paid to you by PSERS. It is<br />

your responsibility to contact those<br />

insurance carriers regarding PSERS<br />

payments.<br />

Am I eligible?<br />

To apply for a disability retirement<br />

benefi t, you must:<br />

<br />

<br />

<br />

<br />

Have become disabled while an<br />

active member of PSERS and still be<br />

disabled at the time you submit your<br />

application. NOTE: Should you<br />

become disabled after you terminate<br />

service with your employer, you are<br />

not eligible for a PSERS disability<br />

retirement benefi t.<br />

Have at least fi ve years of credited<br />

service with PSERS.<br />

Be physically or mentally unable to<br />

perform the duties as stated in your<br />

job description.<br />

Apply for disability retirement benefi<br />

ts within two school years of your<br />

last day of service or paid leave,<br />

whichever is later; and you must be<br />

disabled at the time of application.*<br />

*For example, if you leave service in March of<br />

the current school year, you have two school<br />

years (July 1 through June 30) from the close<br />

of the current school year to apply. If you do<br />

not apply within the two school years, you will<br />

forfeit all rights to apply for a disability retirement<br />

benefi t.<br />

2


PSERS does not require you to terminate<br />

your position to be eligible to apply<br />

for a disability retirement benefi t. If you<br />

apply while an active contributing member,<br />

you must go on unpaid leave or<br />

terminate employment within 30 days of<br />

submitting your application to PSERS.<br />

If at a later date you are able to return to<br />

the job, there is no guarantee that your<br />

employer will keep the position open for<br />

you. You may want to discuss this with<br />

your employer.<br />

You may not “switch” from a normal or<br />

early retirement benefi t to a disability retirement<br />

benefi t. A disability retirement<br />

benefi t is not available to members who<br />

are already receiving a normal or early<br />

PSERS retirement benefi t.<br />

How much retirement income<br />

will I receive if I retire with a<br />

disability retirement benefit?<br />

Provided you have reached at least<br />

16.667 years of credited service, your<br />

disability retirement benefi t is equal<br />

to the Maximum Single Life Annuity<br />

(MSLA) minus any reductions for options<br />

chosen by you. If you have less<br />

than 16.667 years of credited service,<br />

additional factors are applied.<br />

3<br />

A disability supplement may be included<br />

as a part of your disability retirement<br />

benefi t. The disability supplement<br />

removes the effects of early retirement<br />

penalties if you have not reached<br />

normal retirement age. If you have<br />

reached normal retirement age, the


supplement is not included in the benefi t<br />

calculation.<br />

For Class T-C or Class T-E members,<br />

PSERS disability retirement benefi t is<br />

intended to provide you with at least<br />

one-third of your fi nal average salary<br />

if you are not eligible for normal retirement.<br />

For Class T-D or Class T-F<br />

members, a PSERS disability retirement<br />

benefi t is intended to provide you with<br />

40% of your fi nal average salary if you<br />

are not eligible for normal retirement.<br />

PSERS suggests that you obtain a<br />

disability retirement estimate before applying<br />

for the benefi t. Contact PSERS<br />

to receive a Request for <strong>Retirement</strong><br />

Estimate (PSRS-151) form. This form is<br />

also found on the PSERS website.<br />

When you complete the estimate<br />

request, be sure to check the <strong>Disability</strong><br />

box to request a disability retirement<br />

estimate. Return the completed form to<br />

the PSERS fax number or address listed<br />

on the form. PSERS will prepare and<br />

send you a regular retirement estimate<br />

and a disability retirement estimate by<br />

return mail.<br />

4


How do I apply for a disability<br />

retirement benefit?<br />

PSERS strongly suggests that you<br />

attend a disability retirement counseling<br />

session conducted by a PSERS Regional<br />

Representative before applying<br />

for a disability retirement benefi t. By<br />

attending a PSERS counseling session,<br />

you avoid some of the common<br />

mistakes which may lead to a delay in<br />

processing.<br />

At the counseling session, the Representative<br />

will review your retirement estimates,<br />

explain the application process,<br />

and assist you in completing the PSERS<br />

Application for <strong>Disability</strong> <strong>Retirement</strong><br />

Packet which will be provided at that<br />

session. Attendance at a counseling<br />

session will ensure that you are<br />

provided with the information you need<br />

to have your benefi t processed timely.<br />

The contact information to schedule an<br />

appointment with a PSERS regional<br />

offi ce is found on page 18.<br />

To apply for a disability retirement<br />

benefi t, you must complete and submit<br />

the following forms to PSERS no earlier<br />

than 30 days before you begin an unpaid<br />

leave or your date of termination:<br />

<br />

<br />

Application for <strong>Disability</strong> <strong>Retirement</strong><br />

(PSRS-49). You will complete this<br />

application during or after your<br />

PSERS counseling session.<br />

Job Description (PSRS-1236). Your<br />

employer completes this form.<br />

5


Physician’s Medical Report(s)<br />

(PSRS-1237). Your physician(s)<br />

complete this form.<br />

Your physician should provide an<br />

evaluation of your medical history as it<br />

affects your ability to perform assigned<br />

duties. This information should refl ect<br />

your physical and/or mental condition as<br />

of your last day of paid service as well<br />

as your current condition. If the medical<br />

information submitted is insuffi cient<br />

to make a determination, the PSERS<br />

medical examiners will request that you<br />

provide additional information from your<br />

physician(s).<br />

If you are applying prior to your termination<br />

or unpaid leave start date, your<br />

employer must electronically submit<br />

to PSERS an unpaid leave status or<br />

a termination date within 30 days of<br />

the date your application is received<br />

by PSERS. The effective date of your<br />

unpaid leave status or termination must<br />

be within 30 days of your application.<br />

Any missing and/or insufficient required<br />

medical information will delay<br />

the processing of your application.<br />

Who is responsible for<br />

charges incurred to provide<br />

the medical information?<br />

You are responsible for any cost to<br />

obtain the medical information needed<br />

to determine your disability status.<br />

6


Who determines my eligibility<br />

for the disability retirement<br />

benefit?<br />

PSERS determines approval or denial<br />

of the disability retirement benefi t with<br />

recommendation from PSERS medical<br />

examiners.<br />

How is my date of disability<br />

retirement determined?<br />

The benefi t effective date of a disability<br />

retirement is the day after your last day<br />

of paid service or paid leave, whichever<br />

is later. You may not select your own<br />

disability retirement effective date.<br />

What if my request for a<br />

disability retirement is denied<br />

by PSERS?<br />

If your request is denied by PSERS, you<br />

may appeal the denial and request an<br />

Administrative Hearing by writing to:<br />

Offi ce of Chief Counsel<br />

Public School Employees’ <strong>Retirement</strong><br />

Board<br />

5 N 5th Street<br />

Harrisburg PA 17101-1905<br />

This hearing is held before an independent<br />

hearing examiner. Legal counsel<br />

may represent you and you may appear<br />

before the hearing examiner.<br />

7


If you do not receive a favorable result<br />

at the conclusion of the administrative<br />

hearing process, you may appeal the<br />

decision to the Commonwealth Court.<br />

What if I have exhausted all<br />

steps in the appeals process<br />

and I’m still denied?<br />

There are a number of options available<br />

to you if you are denied a disability<br />

retirement benefi t. Different membership<br />

classes and circumstances have<br />

different benefi t eligibility requirements.<br />

Contact your PSERS Regional Offi ce<br />

to speak to a counselor regarding the<br />

choices available to you.<br />

More information is also found on the<br />

PSERS website and in the PSERS<br />

publication Your <strong>Retirement</strong> Benefi ts<br />

and Leaving Employment (PSRS-9580).<br />

How long am I entitled to a<br />

disability retirement benefit?<br />

At the time your disability retirement<br />

benefi t is approved, PSERS will<br />

determine the terms and conditions of<br />

your benefi t. The length of time of your<br />

disability is determined by the fi ndings<br />

of the PSERS medical examiners review.<br />

You may be subject to a periodic<br />

renewal and/or review process.<br />

8


How will I know when it’s<br />

time to renew the benefit?<br />

PSERS sends an Application to Reapply<br />

for <strong>Disability</strong> Benefi ts (PSRS-1238)<br />

to those retirees subject to a periodic<br />

renewal. The renewal application must<br />

be completed by your physician and<br />

returned to PSERS by the date stated<br />

on the application. If you fail to return<br />

the application by the due date, you risk<br />

having your monthly disability retirement<br />

benefi t suspended.<br />

Continued failure to return the application<br />

will result in the denial of<br />

your disability retirement renewal<br />

and stop your disability retirement<br />

benefit. You will also need to return<br />

to PSERS any overpayment of your<br />

benefit.<br />

If your renewal is denied, you have the<br />

right to appeal the decision. Refer to<br />

“What if my request for a disability retirement<br />

benefi t is denied?” on page 7.<br />

If you are denied a continuation of your<br />

disability retirement benefi t and you are<br />

eligible to receive an early retirement<br />

benefi t, your retirement benefi t is calculated<br />

using the reducing factors in effect<br />

at the time of your original disability<br />

retirement date.<br />

May I work while receiving a<br />

disability retirement benefit?<br />

9<br />

You may be employed while receiving a<br />

disability retirement benefi t from<br />

PSERS. You are not, however,


permitted to return to work for a Pennsylvania<br />

public school employer without<br />

the loss of your monthly benefi t unless<br />

you qualify for specifi c exceptions.<br />

These exceptions are further explained<br />

in the PSERS publication, PSERS Return<br />

to Service Guidelines (PSRS-9682),<br />

located on the PSERS website.<br />

If you are employed while receiving a<br />

PSERS disability benefi t, an earnings<br />

limitation is imposed on the amount you<br />

earn yearly. See “Is my disability retirement<br />

benefi t affected by other earnings<br />

that I may have?” next.<br />

Please note: Your ability to be employed<br />

in any capacity, inside or outside of<br />

Pennsylvania, may raise questions<br />

about your medical eligibility to receive a<br />

disability retirement benefi t.<br />

Is my disability retirement<br />

benefit affected by other<br />

earnings that I may have?<br />

Each year PSERS sends an Annual<br />

Earnings of a <strong>Disability</strong> Annuitant letter<br />

to each retiree under normal retirement<br />

age receiving a disability retirement<br />

benefi t. The purpose of this letter is to<br />

determine whether or not you are working<br />

in another job, and if so, whether you<br />

are exceeding the amount you may earn<br />

per year without having to return money<br />

to PSERS.<br />

10


Your yearly earnings plus your yearly<br />

disability benefi t cannot exceed your<br />

annual earnings limitation, which is<br />

generally based on your last school year<br />

salary.<br />

For example - Your last school year<br />

salary was $40,000. This makes your<br />

earnings limitation also $40,000. If your<br />

annual PSERS disability retirement<br />

benefi t is $25,000, you cannot earn<br />

more than $15,000 of additional earned<br />

income per year without having to return<br />

money to PSERS.<br />

If your yearly income exceeds your earnings<br />

limitation, you will need to return the<br />

difference to PSERS. You may choose<br />

to return the excess earnings in one of<br />

two ways:<br />

A lump-sum payment within 30<br />

days<br />

<br />

Your monthly benefi t is reduced<br />

by the amount of the disability<br />

supplement until the overpayment<br />

is recovered.<br />

When completing the Annual Earnings<br />

Statement, you should only report<br />

earned income. Earned income is<br />

compensation received by you for work<br />

as an employee of any business or by<br />

being self-employed. The following are<br />

not earned income and should not be<br />

reported:<br />

11


<strong>Disability</strong> payments<br />

<strong>Retirement</strong> benefi ts<br />

Social Security benefi ts<br />

Workers’ compensation<br />

Investment income<br />

Dividends<br />

Child support<br />

Spousal support<br />

Additionally, you should not report<br />

wages received from your school employer<br />

earned before the effective date<br />

of your disability retirement.<br />

The Annual Earnings Statement should<br />

be completed and returned to PSERS as<br />

soon as possible, but no later than the<br />

date specifi ed on the statement. If this<br />

form is not completed and returned to<br />

us by the requested date, your monthly<br />

disability retirement benefi t will be<br />

suspended.<br />

Continued failure to return the form will<br />

result in the forfeiture of all rights to the<br />

disability retirement benefi t in excess of<br />

any early or normal retirement annuity to<br />

which you were entitled.<br />

You will need to complete an Annual<br />

Earnings Statement yearly until you<br />

reach superannuation age. For<br />

superannuation requirements, refer to<br />

the PSERS publication, Your Benefi ts<br />

and Leaving Employment (PSRS-9580)<br />

found on the PSERS website.<br />

12


What health insurance<br />

choices are available to me?<br />

1. You may be eligible to have private<br />

health insurance coverage, including<br />

individual or spousal. Such coverage,<br />

however, does not qualify for<br />

premium assistance. (See following<br />

question.)<br />

2. You may be eligible to remain in your<br />

employer’s group health insurance<br />

plan. Consult with your employer<br />

regarding continuance of their health<br />

insurance coverage.<br />

3. The PSERS Health Options Program<br />

(HOP) is available for all retirees,<br />

their dependents and survivors.<br />

HOP offers comprehensive medical<br />

coverage before and after you<br />

become eligible for and enroll in<br />

Medicare.<br />

You and your eligible dependents<br />

may enroll in HOP within 180 days of<br />

a qualifying event:<br />

13<br />

<br />

<br />

You retire or lose health care<br />

coverage under your school<br />

employer’s health plan. (Coverage<br />

under your school employer’s<br />

health plan includes any COBRA<br />

continuation of coverage you may<br />

elect under that school employer<br />

plan.)<br />

You involuntarily lose health<br />

coverage under a non-school employer’s<br />

health plan. (Coverage<br />

under your non-school employer’s


health plan includes any COBRA<br />

continuation of coverage you<br />

may elect under that non-school<br />

employer’s health plan.)<br />

You or your spouse reach age 65<br />

or become eligible for Medicare.<br />

<br />

<br />

<br />

You experience a change in family<br />

status (including divorce, your<br />

death or the death of a spouse,<br />

addition of a dependent through<br />

birth or adoption, your marriage,<br />

or loss of a dependent through<br />

loss of eligibility.)<br />

You become eligible for premium<br />

assistance due to a change in<br />

legislation.<br />

A plan approved for premium assistance<br />

terminates, or you move<br />

out of a plan’s service area.<br />

HOP provides pre-65 health insurance<br />

coverage for individuals not eligible for<br />

Medicare. You may choose a managed<br />

care plan, where available, or a<br />

fee-for-service plan. HOP also provides<br />

Medicare supplemental and Medicare<br />

Advantage if you are eligible for Medicare.<br />

You must be receiving Medicare<br />

Part A and B coverage to enroll in a<br />

Medicare supplemental and Medicare<br />

Advantage plan.<br />

Comprehensive descriptive material and<br />

enrollment information is available upon<br />

request by contacting the HOP Administrative<br />

Unit at 1-800-773-7725 or on the<br />

HOP website at www.hopbenefi ts.com.<br />

14


Is a disability retiree eligible<br />

for Premium Assistance?<br />

Premium assistance is a reimbursement<br />

of out-of-pocket expenses for the cost of<br />

the retiree’s basic health insurance. Up<br />

to $100 per month is available to eligible<br />

PSERS retirees receiving a disability<br />

retirement benefi t provided they have an<br />

out-of-pocket expense for basic health<br />

insurance coverage from one of the<br />

following:<br />

<br />

<br />

PSERS Health Options Program<br />

A Commonwealth public school<br />

employer’s group health insurance<br />

plan that is certifi ed with<br />

PSERS.<br />

The amount of premium assistance<br />

you receive cannot exceed the actual<br />

premium you pay for basic coverage.<br />

Premium assistance is a tax-free<br />

reimbursement added to your monthly<br />

benefi t. Contact the Internal Revenue<br />

Service (IRS) if you require further<br />

details regarding tax implications.<br />

Is my disability retirement<br />

benefit taxable?<br />

Your PSERS disability retirement benefi t<br />

is subject to federal taxes but not to<br />

Pennsylvania state or local taxes. If<br />

you reside in or you move to another<br />

state, you should check with that state<br />

regarding taxes that may be due on your<br />

disability retirement benefi t.<br />

15


For additional information on taxes,<br />

please contact a tax advisor or the Internal<br />

Revenue Service (IRS).<br />

What disability retirement<br />

options are available to me?<br />

Maximum Single Life Annuity<br />

(MSLA) - You will receive the maximum<br />

monthly benefi t for as long as your disability<br />

benefi t continues to be granted.<br />

If you die, any remaining balance in the<br />

present value of your retirement benefi t<br />

will be paid to your benefi ciary(ies). Under<br />

this option, you may name more than<br />

one benefi ciary and you can change your<br />

benefi ciary(ies) at any time.<br />

Option 2 - You will receive a reduced<br />

monthly benefi t based on your age and<br />

gender and the age and gender of your<br />

survivor annuitant at the time of disability<br />

retirement. At the time of your death, your<br />

survivor will receive the same amount per<br />

month that you would have received if<br />

you had retired under a normal or early<br />

retirement benefi t. Under this option you<br />

may name only one survivor annuitant.<br />

Option 3 - You will receive a reduced<br />

monthly benefi t based on your age and<br />

gender and the age and gender of your<br />

survivor annuitant at the time of disability<br />

retirement. At the time of your death,<br />

your survivor will receive one-half of<br />

the amount per month that you would<br />

have received if you had retired under<br />

a normal or early retirement benefi t.<br />

Under this option, you may name only<br />

one survivor annuitant.<br />

16


Customized (Special) Option 4 – This<br />

is a customized payment plan for your<br />

monthly benefi t. To select this plan,<br />

it must be actuarially equivalent to<br />

Maximum Single Life Annuity. As with<br />

both Options 2 and 3, the disability<br />

supplement (if applicable) is removed for<br />

the survivor annuitant.<br />

You may not change your survivor annuitant<br />

or retirement option under Options<br />

2, 3, or the Customized (Special) Option<br />

4 unless your original survivor annuitant<br />

predeceases you or your marital status<br />

changes. If this situation occurs, contact<br />

PSERS to discuss your next steps.<br />

When you receive a PSERS disability<br />

retirement benefi t, no matter what option<br />

you select, you may not withdraw any<br />

portion of your contributions and interest.<br />

Special Rules for Class T-E and<br />

Class T-F<br />

If you are a Class T-E or Class T-F<br />

member who has fewer than 10 years of<br />

credited service with PSERS, you may<br />

only select the Maximum Single Life<br />

Annuity option.<br />

Before I make a decision,<br />

what would you suggest I<br />

discuss with my employer?<br />

The following is a list of suggested topics<br />

to discuss with your employer. There<br />

may also be other items to discuss<br />

17


which are unique to your employer or<br />

bargaining unit contract.<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

Sick, vacation, personal and<br />

emergency paid leave<br />

Workers’ Compensation<br />

Sabbatical Leave<br />

School-sponsored <strong>Disability</strong><br />

Insurance<br />

Leave of Absence (Paid and/or<br />

Unpaid)<br />

o Length of leave<br />

o How long position will be<br />

held<br />

Health Insurance<br />

Life Insurance<br />

Resignation<br />

Contacting PSERS<br />

You may contact PSERS toll-free at<br />

1-888-773-7748 from 7:30 a.m. to 5:00<br />

p.m., Monday through Friday, except<br />

on State holidays. PSERS also has<br />

regional offi ces located throughout the<br />

state. Their core operating hours are<br />

8:30 a.m. to 5:00 p.m. A complete list<br />

of all PSERS regional offi ces is found<br />

on PSERS website under Regional<br />

Offices.<br />

Harrisburg Headquarters<br />

5 N 5th Street<br />

Harrisburg PA 17101-1905<br />

Toll-Free: 1-888-773-7748<br />

Local Telephone: (717) 787-8540<br />

Email address: ContactPSERS@pa.gov<br />

Website: www.psers.state.pa.us<br />

18


Comparison of <strong>Retirement</strong> <strong>Benefits</strong><br />

Terms of <strong>Retirement</strong><br />

Requires termination of employment to apply<br />

Must meet medical eligibility<br />

May withdraw contributions and interest at<br />

retirement<br />

May be revoked by PSERS at any time<br />

based on medical status<br />

Subject to renewal<br />

Subject to yearly earnings statement<br />

Restriction of earned income<br />

School employment in another state may<br />

jeopardize PSERS benefi t<br />

May work in Pennsylvania public schools<br />

under exceptions allowing retirees to be<br />

employed for emergency, shortage of<br />

personnel, or extracurricular situations<br />

Eligible for cost-of-living adjustments without<br />

regard to superannuation qualifi cations<br />

Eligible for premium assistance without<br />

regard to service credit and/or age<br />

19


Normal/Early<br />

Class T-C/T-D<br />

Normal/Early<br />

Class T-E/T-F<br />

<strong>Disability</strong><br />

Yes Yes No<br />

No No Yes<br />

Yes<br />

No<br />

No<br />

No No Yes<br />

No No Yes<br />

No No Yes<br />

No No Yes<br />

No No Yes<br />

Yes Yes Yes<br />

No No Yes<br />

No No Yes<br />

20


5 N 5th Street<br />

Harrisburg PA 17101-1905<br />

www.psers.state.pa.us<br />

ContactPSERS@pa.gov

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