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BOROUGH OF POTTSTOWN v. RETIREMENT BD.

551 Pa. 605 (1998)

712 A.2d 741

BOROUGH OF POTTSTOWN and Pottstown Police Pension Fund, Appellants, v. PENNSYLVANIA MUNICIPAL RETIREMENT BOARD a/k/a Pennsylvania Municipal Retirement System of the Commonwealth of Pennsylvania, Appellee.

Supreme Court of Pennsylvania.

Decided May 19, 1998.

Attorney(s) appearing for the Case

Anthony C. Busillo, II, for Borough of Pottstown.

Joseph J. Schafle, Jr., Philadelphia, for Pottstown Police Pension Fund.

Letitia Ann Dyer, III, Harrisburg, for Pa. Mun. Retirement Bd.

Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NIGRO, NEWMAN and SAYLOR, JJ.

OPINION

SAYLOR, Justice:

In this appeal, the Borough of Pottstown and the Pottstown Police Pension Fund challenge the Pennsylvania Municipal Retirement Board's denial of their claim to "excess interest" upon their withdrawal from participation in the Pennsylvania Municipal Retirement System.

After participating for eleven years in the Pennsylvania Municipal Retirement System (the "PMRS") pursuant to Article

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