Frazier v. Commonwealth

Opinion by

Judge Crumlish, Jr.,

This case is before this Court in original jurisdiction on motion for summary judgment1 by Stuart Wayne *245Frazier, Shawn William Frazier, Stephen Wendell Frazier as minors, and by their father, Stuart Frazier (Plaintiffs). Plaintiffs filed a complaint in mandamus seeking to compel the Commonwealth of Pennsylvania State Retirement Board, Defendant herein, (Board) to pay the sum of $28,200.36 to Plaintiffs pursuant to Section 407 (3) of the State Employes’ Retirement Code, Act of June 1, 1959, P.L. 392, as amended, 71 P.S. 1725-407(3). On petition, Intervenors2 were…