Simmonds v. State Employees' Retirement System

OPINION

ZAPPALA, Justice.

This appeal presents the issue of whether an individual enrolled in a residency program in a state university medical center is a “state employee” for purposes of receiving service credit pursuant to the State Employees’ Retirement Code (Code), 71 Pa.C.S. § 5101, et seq. For the reasons set forth herein, we hold that medical residents are not state employees and are therefore ineligible to purchase state credit for time spent in a residency program.

From July 1, 1980, through June 30, 1981, Dr. Mary A. Simmonds, Appellee, served at the Milton S. Hershey Medical Center…