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PA. ASSOC. OF S. M. H. P., INC. v. S. E. RET. BD.

No. 1741 C.D. 1975.

25 Pa.Commw. 632 (1976)

Pennsylvania Association of State Mental Hospital Physicians, Inc. et al., Plaintiffs v. State Employees' Retirement Board, et al., Defendants.

Commonwealth Court of Pennsylvania.

July 30, 1976.

Attorney(s) appearing for the Case

Richard B. Sigmond, with him Leonard Spear, and Meranze, Katz, Spear & Wilderman, for plaintiffs.

Melvin R. Shuster, Deputy Attorney General, with him Raymond Kleiman, Deputy Attorney General, J. Justin Blewitt, Jr., Deputy Attorney General, and Robert P. Kane, Attorney General, for defendants.

Argued June 9, 1976, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, and BLATT. Judges KRAMER and ROGERS did not participate.

OPINION BY JUDGE WILKINSON, July 30, 1976:

The instant case concerns the retirement service credits earned by part-time employees of the Commonwealth of Pennsylvania. At least from 1959 and including part of 1969, part-time workers receiving an annual salary were advised, and the State Employees' Retirement Board (Board) systematically calculated retirement benefits on the basis, that one year of credit would be earned for each year the employee earned an annual salary...

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