Legal Opinion

Kellams v. Public School Employes' Retirement Board

Supreme Court of Pennsylvania

Decided July 16, 1979No. Nos. 53 and 54PublishedCited by 8 opinions

1Opinion of the Court

OPINION

2Per curiam

The Court being equally divided, the order is affirmed.

ROBERTS, J., filed an Opinion in Support of Affirmance in which NIX, J., joins. *97MANDERINO, J., concurs in Affirmance. LARSEN, J., filed an Opinion in Support of Reversal in which EAGEN, C. J., and O’BRIEN, J., join.

OPINION IN SUPPORT OF AFFIRMANCE

ROBERTS, Justice.

For the past several years the Commonwealth, as a result of its own error, has paid retired public school employees, annuitants of the Public School Employes’ Retirement System, more retirement benefits than the Retirement Code of 1959 directs. Not a particle of evidence…

3Cases cited7 opinions

  1. Federal Crop Ins. Corp. v. MerrillSupreme Court of the United States · 1947
  2. Com., Dept. of Public Wel. v. Uec, Inc.Supreme Court of Pennsylvania · 1979
  3. Ervin v. PittsburghSupreme Court of Pennsylvania · 1940
  4. Brown v. RichardsonDistrict Court, W.D. Pennsylvania · 1975
  5. Banks v. REDEVELOPMENT AUTH. OF CITY OF PHILADELPHIADistrict Court, E.D. Pennsylvania · 1976

2 more not listed; retrieve them via the Exa API.

4Cited by8 opinions

  1. Carroll v. City of Philadelphia, Board of Pensions & Retirement Municipal Pension FundCommonwealth Court of Pennsylvania · 1999
  2. Foster v. Westmoreland Casualty Co.Commonwealth Court of Pennsylvania · 1992
  3. Bittenbender v. State Employees' Retirement BoardCommonwealth Court of Pennsylvania · 1993
  4. Borkey v. Township of CentreCommonwealth Court of Pennsylvania · 2004
  5. McGAFFIC v. City of New CastleCommonwealth Court of Pennsylvania · 2009

3 more not listed; retrieve them via the Exa API.

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