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KELLEY v. STATE EMPLOYEES' RETIREMENT BD.

932 A.2d 61 (2007)

James R. KELLEY, Appellant, v. STATE EMPLOYEES' RETIREMENT BOARD, Appellee, James R. Kelley, Appellee, v. State Employees' Retirement Board, Appellant.

Supreme Court of Pennsylvania.

Decided September 26, 2007.

Attorney(s) appearing for the Case

Samuel C. Stretton, Esq., West Chester, for James R. Kelley.

Nicholas Joseph Marcucci, Esq., PA State Employees' Retirement System, for State Employees' Retirement Board.

Thomas W. Corbett, Jr., Esq., Office of Attorney General, for Attorney General Office, Commonwealth of PA.

Nicholas Joseph Marcucci, Esq., PA State Employees' Retirement System, for State Employees' Retirement Board.

Samuel C. Stretton, Esq., West Chester, for James R. Kelley.

BEFORE: CAPPY, C.J., and CASTILLE, SAYLOR, EAKIN, BAER, BALDWIN and FITZGERALD, JJ.

OPINION

Justice BALDWIN.

I. Factual and Procedural Background

On January 24, 2006, the Commonwealth Court reversed in part and affirmed in part the order of the State Employees' Retirement Board (SERB) and permitted James R. Kelley (Appellant) to convert his Class A membership status in the State Employees' Retirement System (SERS) to Class AA status while prohibiting him from converting his Class A membership

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