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MERLINO v. PHILADELPHIA BD. OF PENSIONS

916 A.2d 1231 (2007)

Salvatore MERLINO, Appellant v. PHILADELPHIA BOARD OF PENSIONS AND RETIREMENT.

Commonwealth Court of Pennsylvania.

Decided February 8, 2007.

Attorney(s) appearing for the Case

Benjamin N. Gialloreto, Philadelphia, for appellant.

Christopher R. DiFusco, Philadelphia, for appellee.

BEFORE: SMITH-RIBNER, Judge, and PELLEGRINI, Judge, and LEADBETTER, Judge.

OPINION BY Judge SMITH-RIBNER.

Salvatore Merlino appeals from the order of the Court of Common Pleas of Philadelphia County that affirmed the denial of Merlino's application for pension benefits and Deferred Retirement Option Plan (DROP) payment pursuant to Section 22-1302 of the Philadelphia Code, Title 22, Public Employees Retirement Code (Retirement Code),1 and Section 3 of the Public Employee Pension Forfeiture Act (Pension Forfeiture...

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