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HARPER v. STATE EMP. RETIREMENT SYS.

154 Pa.Commw. 573 (1993)

624 A.2d 279

Ruth B. HARPER, Andrew J. Carn and Nicholas B. Mohlemann, Petitioners, v. STATE EMPLOYEES' RETIREMENT SYSTEM, Respondent.

Commonwealth Court of Pennsylvania.

Decided April 6, 1993.

Attorney(s) appearing for the Case

Elliot A. Strokoff, for petitioners.

Susan J. Forney, Sr. Deputy Atty. Gen., for respondent.

Michael K. Hanna, Sr., for amici curiae.

Before CRAIG, President Judge, and DOYLE, COLINS, PALLADINO, McGINLEY, SMITH and PELLEGRINI, JJ.

CRAIG, President Judge.

The three petitioners are Pennsylvania legislators who initially took office after the March 1, 1974 effective date of the 1974 State Employees Retirement Code,1 which eliminated as to them, and as to all others taking office after that effective date, an option to receive substantially greater and potentially earlier pension benefits under "Class D-3" membership which have remained available to legislators...

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