Kelley v. State Employees' Retirement Board

890 A.2d 1173 (2006)

James R. KELLEY, Petitioner

v.

STATE EMPLOYEES' RETIREMENT BOARD, Respondent.

Commonwealth Court of Pennsylvania.

Argued December 14, 2005.

Decided January 24, 2006.

As Amended February 16, 2006.

Samuel C. Stretton, West Chester, for petitioner.

Nicholas Joseph Marcucci, Deputy Chief Counsel, Harrisburg, for respondent.

BEFORE: COLINS, President Judge, and McGINLEY, Judge, PELLEGRINI, Judge, FRIEDMAN, Judge, and LEADBETTER, Judge.

OPINION BY Judge FRIEDMAN.

James R. Kelley (Claimant) petitions for review of the April 7, 2005, order of the State Employees' Retirement Board (SERB),…