Commonwealth of Pennsylvania

POSITION DESCRIPTION FOR JOB POSTING

Position Number:  50573119

Description Activated On:  5/10/2024 9:16:53 AM


Position Purpose:
Describe the primary purpose of this position and how it contributes to the organization’s objectives. Example: Provides clerical and office support within the Division to ensure its operations are conducted efficiently and effectively. 

This position performs professional legal work in the administration of the State Employees’ Retirement Code as part of the SERS-Chief Counsel’s Office, Administrative Litigation and Benefits Administration team in accordance with fiduciary duties and standards. References in this position description to SERS also include the State Employees’ Defined Contribution Plan, the Commonwealth’s Deferred Compensation Plan, and the Benefits Completion Plan.

Description of Duties:
Describe in detail the duties and responsibilities assigned to this position. Descriptions should include the major end result of the task. Example: Types correspondence, reports, and other various documents from handwritten drafts for review and signature of the supervisor.

NOTE:

An individual working at the Law Clerk level will engage in the below activities to the extent permissible until such time as being admitted to the PA BAR and able to perform the full scope of entry level Attorney 1 work as detailed below.

SUMMARY:

As an attorney on the Administrative Litigation and Benefits Administration team, this position is responsible to complete tasks such as, but not limited to: providing legal counsel for the administration of the Retirement Code and other pension-related or administrative agency law-related statutes; representing the agency in administrative appeals; drafting adjudications; writing legal advisory memoranda; reviewing powers of attorney and domestic relations orders; reviewing and preparing responses to subpoenas for member-related records; advising on open records issues under the Right-to-Know Law; drafting state legislation and regulations affecting benefits and other subject matter related to SERS’ business; formulating responses to requests for comment on draft state legislation and regulations affecting pension benefit matters, and representing SERS in employment law matters.

TASKS:

Represent SERS at administrative appeal hearings, and represent the State Employees’ Retirement Board in Commonwealth Court and the Pennsylvania Supreme Court. Represent SERS in other Pennsylvania administrative forums such as the Civil Service Commission, Human Relations Commission, Unemployment Compensation Board, Workers’ Compensation Board, and in any appellate court with jurisdiction over these administrative bodies.

Draft proposed adjudications and advise the Board on administrative appeals to the Board.

Research and write legal advisory memoranda for the Board and SERS staff.

Attend and participate in meetings with SERS staff, regarding the full range of benefits and communications matters. This includes preparing for, attending, and providing legal advice at Staff Review and Appeals Committee meetings, other meetings requested by SERS staff, and meetings with third party administrators and other business partners.

Advise and assist with general administrative agency functions.

Assist with drafting, editing, and approving communications for publication on SERS’ website, in handbooks, in direct mailings, and in other media.

Advise Agency Open Records Officer on Right-to-Know Law matters and represent SERS in appeals of denials of record requests.

Review Powers of Attorney (POA) for compliance with pertinent laws and communicate determinations to SERS staff.

Review domestic relations orders (DRO) for compliance with the Retirement Code and assist attorneys representing SERS members and participants and their spouses in DRO-related matters. Communicate DRO review determinations to SERS staff.

Review subpoenas for member records and advise staff on the responsive records, redactions, and related correspondence.

Review criminal prosecution-related records and Opinions of the Court of Judicial Discipline on matters involving potential pension forfeitures and advise SERS staff on pension forfeitures under the Public Employee Pension Forfeiture Act, Pennsylvania Judicial Code, and Pennsylvania Constitution.

Research and draft proposed legislation and related materials and attend and participate in discussions related to potential or draft legislation.

Prepare materials for and attend Board meetings as requested.

Maintain contacts outside SERS, including relevant federal, state, or local departments, boards, and agencies; outside counsel; federal and state legislators; and consultants engaged on behalf of SERS.

Assist the Investments and Business Transactions legal team and/or the Chief Compliance Officer as requested.

Perform related duties as required.

Decision Making:
Describe the types of decisions made by the incumbent of this position and the types of decisions referred to others. Identify the problems or issues that can be resolved at the level of this position, versus those that must be referred to the supervisor. Example: In response to a customer inquiry, this work involves researching the status of an activity and preparing a formal response for the supervisor’s signature.

This position reports to the Deputy Chief Counsel for Administrative Litigation and Benefits Administration.

It is expected that the attorney complete assigned tasks of a routine nature with minimal supervision. The attorney formulates recommended practices, procedures, and proposed course(s) of action. More sophisticated legal tasks may be assigned subject to close review by a higher-level attorney.

Requirements Profile: Identify any specific experience or requirements, such as a licensure, registration, or certification, which may be necessary to perform the functions of the position. Position-specific requirements should be consistent with a Special Requirement or other criteria identified in the classification specification covering this position. Example: Experience using Java; Professional Engineer License

Experience:

Experience:

1. Certificate of Admission to the Bar of the Supreme Court of Pennsylvania
2. Compliant with continuing education licensure requirements

Licenses, registrations, or certifications:
These are not preferences. This is a license, registration, or certification REQUIRED to hold the position. Certain SERS positions may require:

1. License to practice law in Pennsylvania



Licenses, registrations, or certifications:

1. 
  License to practice law in Pennsylvania
 
2.  
N/A
 
3.  
N/A
 
4.  
N/A
 
5.  
N/A
 
6.  
N/A

Essential Functions
: Provide a list of essential functions for this position. Example: Transports boxes weighing up to 60 pounds.
 
 1. Conduct legal research and analyses and review various documents for form and legality
 2. Prepare legal documents, e.g., adjudications, briefs, advisory memoranda, etc.
 3. Apply knowledge of Retirement Code and regulations and administrative procedures in completion of work
 4. Provide legal advice
 5. Represent SERS in various administrative hearings and in court
 6. Adapt to fluctuating workloads and priorities
 7. Communicate effectively
 8. Maintain effective working relationships
 9. Use standard office equipment, technology, systems, software, applications, websites, etc.
 10.