Commonwealth v. Pennsylvania State Troopers Ass'n

CONCURRING AND DISSENTING OPINION BY

Judge PELLEGRINI.

The majority finds that a provision in an interest arbitration award allowing police officers released from duty to perform union duties shall be paid at the highest-ranking member of the bargaining unit with appropriate longevity is illegal because it purportedly will result in their receiving higher pensions.1 The majority bases that holding on Kirsch v. Public School Employees’ Retirement Board, 929 A.2d 663 (Pa.Cmwlth.2007), appeal granted, 597 Pa. 222, 951 A.2d 257 (2008), where we upheld a Public School Employees’ Retirement Board…