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DELVITTO, APLNT., v. SHOPE ET AL.

No. 82 C.D. 1974.

17 Pa.Commw. 436 (1975)

Paul Delvitto, Appellant, v. Dorothy Shope, as Commissioner of the County of Westmoreland and a Member and Chairman of the Westmoreland County Retirement Board; James R. Kelley, Commissioner of Westmoreland County Retirement Board; Robert Shirey, Commissioner of Westmoreland County and as a Member of the Westmoreland County Retirement Board; Andrew Kritsky, Member of the Westmoreland County Retirement Board; and Wayne Gongaware, Secretary and Member of the Westmoreland County Retirement Board, Appellees.

Commonwealth Court of Pennsylvania.

February 27, 1975.

Attorney(s) appearing for the Case

Franklin L. Bialon, with him Shire, Bergenstein & Bialon, for appellant.

H. Reginald Belden, Jr., for appellees.

Argued November 6, 1974, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE BLATT, February 27, 1975:

On January 27, 1972 the Board of County Commissioners (Commissioners) of Westmoreland County, a Third Class County, adopted a resolution requiring that the retirement system for county employees should provide for involuntary discontinuance from service at the age of 65. The resolution also provided that involuntarily discontinued employees would begin to receive, immediately after their separation from service, any benefits...

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