GOODHEART ET AL. v. THORNBURGH ET AL.

No. 3255 C.D. 1986.

118 Pa.Commw. 75 (1988)

545 A.2d 399

Bernard J. Goodheart et al., Petitioners v. The Honorable Dick Thornburgh, in his capacity as Governor of the Commonwealth of Pennsylvania et al., Respondents.

Commonwealth Court of Pennsylvania.

July 20, 1988.


Attorney(s) appearing for the Case

Henry T. Reath, with him, Judith N. Renzulli, Duane, Morris & Heckscher, for petitioners.

Jules S. Henshell, Deputy Attorney General, with him, Susan J. Forney and John G. Knorr, Senior Deputy Attorneys General, Andrew S. Gordon, Chief Deputy Attorney General, Chief, Litigation Section, and LeRoy S. Zimmerman, Attorney General, for respondents, State Employees' Retirement Board and State Treasurer.

C. Clark Hodgson, Jr., with him, Ursula B. Bartels, Stradley, Ronon, Stevens & Young, for respondent, General Assembly of the Commonwealth of Pennsylvania.

Representative John Kennedy, Chairman, for Amicus Curiae, Citizens for the Commonwealth.

Argued February 24, 1988, before President Judge CRUMLISH, JR., and Judges DOYLE, BARRY, COLINS, PALLADINO, McGINLEY and SMITH.


OPINION BY PRESIDENT JUDGE CRUMLISH, JR., July 20, 1988:

The Honorable BERNARD J. GOODHEART et al.1 filed a petition for review in the nature of mandamus and for declaratory judgment, asking this Court to declare unconstitutional those portions of the 1974 State Employees' Retirement Code, 71 Pa. C. S. §§5101-5956 (1974 Code), which eliminated certain enhanced retirement benefits for members of the Commonwealth judiciary appointed...

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