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HARPER v. STATE EMPLOYEES' RET. SYSTEM

538 Pa. 520 (1994)

649 A.2d 643

Ruth B. HARPER and Nicholas B. Moehlmann, Appellants, v. STATE EMPLOYEES' RETIREMENT SYSTEM, Appellee.

Supreme Court of Pennsylvania.

Decided October 31, 1994.

Attorney(s) appearing for the Case

Elliot A. Strokoff, for Harper and Moehlmann.

Susan J. Forney, for Atty. General's Office.

Martin S. Kauffman, for amicus curiae, Atlantic Legal Foundation, Inc.

Michael K. Hanna, Sr., for amicus curiae, Representatives Hanna 76th Dist., et al.

Before NIX, C.J., and FLAHERTY, ZAPPALA, PAPADAKOS, CAPPY, CASTILLE and MONTEMURO, JJ.

OPINION

PER CURIAM.

This is a direct appeal from an order of the Commonwealth Court which denied Class D-3 membership status in the State Employees' Retirement System (SERS) for the appellants, Ruth B. Harper and Nicholas B. Moehlmann, 154 Pa.Cmwlth. 573, 624 A.2d 279. Appellants are Pennsylvania legislators who initially took office after the March 1, 1974 effective date of the 1974 State Employees' Retirement Code...

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