DiNubile v. Kent

OPINION OF THE COURT

ROBERTS, Justice.

Appellant Kendall H. Shoyer 1 2was reelected judge of the Court of Common Pleas of Philadelphia on November 6, 1973, and began his new term on January 7, 1974. He reached the age of seventy on November 24, 1974, and was retired as required by article V, section 16(b) of the Pennsylvania Constitution. Appellant sought a declaratory judgment in the Commonwealth Court claiming that he was entitled to receive benefits under section 401(4) of the State Employees’ Retirement Code of 1959 (hereinafter section 401(4)) 2 The court determined that appellant is not…