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CITY OF SCRANTON v. E.B. JERMYN LODGE NO. 2

Nos. 2341 C.D. 2009, 2429 C.D. 2009

85 A.3d 1102 (2014)

CITY OF SCRANTON v. E.B. JERMYN LODGE NO. 2 OF the FRATERNAL ORDER OF POLICE, The Pennsylvania Department of Community and Economic Development and the Pennsylvania Economy League Central Pa, LLC, as the Act 47 Coordinator for the City of Scranton Appeal of: The City of Scranton, Pennsylvania and The Pennsylvania Department of Community and Economic Development, and the Pennsylvania Economy League Central Pa., LLC, as the Act 47 Coordinator for the City of Scranton. City of Scranton v. E.B. Jermyn Lodge No. 2 of the Fraternal Order of Police, Appellant.

Commonwealth Court of Pennsylvania.

Decided January 29, 2014.

Attorney(s) appearing for the Case

Clifford B. Levine , Pittsburgh, for appellants Pennsylvania Department of Community and Economic Development and the Act 47 Coordinator for the City of Scranton.

Paul A. Kelly , Scranton, for appellant City of Scranton.

W. Timothy Barry , Pittsburgh, for appellant The Act 47 Coordinator for the City of Scranton.

Stephen J. Holroyd , Philadelphia, for appellee E.B. Jermyn Lodge No. 2 of the Fraternal Order of Police.

BEFORE: BERNARD L. McGINLEY, Judge, ROBERT SIMPSON, Judge, and ROCHELLE S. FRIEDMAN, Senior Judge.

OPINION BY Judge SIMPSON.

These consolidated cross-appeals, involving the City of Scranton (City) and its fire fighters, originating in a November 2009 interest arbitration award (2009 Award) issued under the statute commonly known as the Policemen and Firemen Collective Bargaining Act or Act 111 (Act 111),1 return to us from our Supreme Court. On remand, we address retirement benefits.

I. Background

A. Procedure

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