DeLellis v. Borough of Verona

OPINION OF THE COURT

CASTILLE, Justice.

The sole issue raised in this appeal is whether subsection (ii) of Section 771 of the Police Pension Act (the “Act”)1 authorizes a municipal police pension fund to reduce a 65-year-old retired police officer’s pension benefits to 75% of his primary *7social security benefits where the retiree has retired from the police force but has elected to continue working for another employer. For the reasons set forth below, we find that the Act does not permit such a reduction and, on that basis, we reverse the ruling of the Commonwealth Court.

When appellant turned…