Local 302 v. City of Allentown

Opinion by

Judge MacPhail,

We have before us for disposition cross motions for summary judgment in an action filed by Local 302, International Association of Fire Fighters, AFL-CIO (Union) and three individuals (Petitioners) against the City of Allentown (City) and the Pennsylvania Municipal Retirement Board et al. (Board).

The critical facts in this case are not in dispute. On May 25, 1969, the City adopted Ordinance No. 11576 which established a Paid Firemen’s Pension Fund. Section 6.00 of that ordinance provided that any regular salaried fireman or employee of the City Fire Department who…