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FINGERET et al. v. RET. BD. of ALLEG. CO. et al.

Nos. 1427 C.D. 1982, 307 Misc. Docket No. 3 and 330 Misc. Docket No. 3.

82 Pa.Commw. 158 (1984)

Jay L. Fingeret, Mark S. Frank and William L. Steiner, on behalf of themselves and all other similarly situated persons v. The Retirement Board of Allegheny County, Jay L. Fingeret, Appellant. Mark S. Frank and William L. Steiner, on behalf of themselves and all other similarly situated persons, Petitioners v. The Retirement Board of Allegheny County and Jay L. Fingeret, Respondents. The Retirement Board of Allegheny County, Petitioner v. Jay L. Fingeret, Mark S. Frank and William L. Steiner, et al., Respondents.

Commonwealth Court of Pennsylvania.

May 1, 1984.

Attorney(s) appearing for the Case

E. J. Strassburger, Strassburger, McKenna, Messer, Shilobod & Gutnick, for petitioners, Fingeret, Frank and Steiner.

Anthony J. Martin, Martin and Martin, P.C., for respondent, The Retirement Board of Allegheny County.

Argued March 14, 1984, before Judges ROGERS, COLINS and BARBIERI, sitting as a panel of three.

OPINION BY JUDGE ROGERS, May 1, 1984:

Each, Jay L. Fingeret, Mark S. Frank and William L. Steiner, was employed by the County of Allegheny (county) as a law clerk during two consecutive years between 1974 and 1980. Each made contributions to the County Employer's Retirement Fund as required by Section 1708(a) of the Second Class County Code (Code), Act of July 28, 1953, P.L. 723, as amended, 16 P.S. §4708(a). None was employed by the county for a period...

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