PA. ASS'N OF ST. MEN. HOSP. v. STATE, ETC.


484 Pa. 313 (1979)

399 A.2d 93

PENNSYLVANIA ASSOCIATION OF STATE MENTAL HOSPITAL PHYSICIANS, INC., and Ruth C. Sabatino, an Individual, on behalf of herself and all others similarly situated, and Mary L. Hansen, M.D., an Individual, on behalf of herself and all others similarly situated, and A. Victor Hansen, M.D., an Individual, on behalf of himself and all others similarly situated, and F. Lewis Bartlett, M.D., an Individual, on behalf of himself and all others similarly situated v. STATE EMPLOYEES' RETIREMENT BOARD, and Sol. E. Zubrow, in his capacity as Chairman of the State Employees' Retirement Board, and Honorable C. Delores Tucker, in her dual capacity as Secretary of the Commonwealth and as Vice-Chairman of the State Employees' Retirement Board, and Frank M. Happ, in his capacity as Member of the State Employees' Retirement Board, and William J. Moran, in his capacity as Member of the State Employees' Retirement Board, and Honorable Paul J. Smith, in his capacity as Member of the State Employees' Retirement Board, and Honorable Vincent Yakowicz, in his capacity as Member of the State Employees' Retirement Board, and Richard L. Witmer, in his capacity as Executive Secretary of the State Employees' Retirement Board, and Grace M. Sloan, in her capacity as Treasurer of the Commonwealth of Pennsylvania, and Honorable Milton J. Shapp, in his capacity as Governor of the Commonwealth of Pennsylvania, Appellants.

Supreme Court of Pennsylvania.

Decided March 14, 1979.


Attorney(s) appearing for the Case

Gerald Gornish, Acting Atty. Gen., Joseph Kenneth Hegedus, Deputy Atty. Gen., Norman J. Watkins, Deputy Atty. Gen., Chief, Civil Litigation, Harrisburg, for appellants.

Richard B. Sigmond, Philadelphia, for appellees.

Before EAGEN, C.J., and O'BRIEN, ROBERTS, POMEROY, NIX, MANDERINO and LARSEN, JJ.


OPINION OF THE COURT

ROBERTS, Justice.

"Credited service" is one of two variables in the basic formula for calculating retirement benefits under the State Employes' Retirement Code of 1959.1 Under the Code of 1959, as amended, "credited service" also determines employees' eligibility for benefits.2

Section 204(1) of the Code of 1959, which sets forth the method for computing "credited service...

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