MILLER v. ST. EMPLOYEES' RETIREMENT BD.

No. 2606 C.D. 1978.

50 Pa.Commw. 74 (1980)

Edward R. Miller, Petitioner v. Commonwealth of Pennsylvania, State Employees' Retirement Board, Respondent.

Commonwealth Court of Pennsylvania.

March 12, 1980.


Attorney(s) appearing for the Case

Ronald M. Katzman, with him Timothy L. Mark and Arthur L. Goldberg, of Goldberg, Evans & Katzman, for petitioner.

Susan J. Forney, Deputy Attorney General, with her Allen C. Warshaw, Deputy Attorney General, Chief of Civil Litigation and Edward G. Biester, Jr., Attorney General, for respondent.

Argued February 5, 1980, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., ROGERS, BLATT, CRAIG and WILLIAMS, JR. Judges MENCER and MacPHAIL did not participate.


OPINION BY JUDGE CRAIG, March 12, 1980:

Again, as in Burello v. State Employees' Retirement System, 49 Pa.Commw. 364, 411 A.2d 852 (1980), we have the question of whether the Public Employee Pension Forfeiture Act1 (Act) is unconstitutional because it provides retroactively that pension benefits being received by a retired state employee shall be forfeited if the employee is convicted or...

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