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DANZILLI v. LOMEO

No. 1449 CD. 2007.

944 A.2d 813 (2008)

John A. DANZILLI, Jr., in his capacity as Deputy Mayor, Municipality of Monroeville, Appellant v. James LOMEO, in his capacity as Mayor, Municipality of Monroeville.

Commonwealth Court of Pennsylvania.

Decided March 17, 2008.

Attorney(s) appearing for the Case

James C. Conley, Pittsburgh, for appellant.

Chelsea Dice, Pittsburgh, for appellee.

BEFORE: LEADBETTER, President Judge, McGINLEY, Judge, PELLEGRINI, Judge, FRIEDMAN, Judge, COHN JUBELIRER, Judge, SIMPSON, Judge, and LEAVITT, Judge.

OPINION BY Judge PELLEGRINI.

Before this Court is an issue of first impression: whether a municipality that places funds into an Integral Part Trust (Trust)1 for post-retirement healthcare/medical benefits falls within the meaning of "pension and retirement funds" under Chapter 73 of the Pennsylvania Probate, Estates and Fiduciaries Code, 20 Pa. C.S. §§ 7301-7319 (PEF Code), allowing those funds to be invested in corporate stocks...

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