American Federation of State, County & Municipal Employees v. Commonwealth

Memorandum Opinion by

President Judge Crumlish, Jr.,

The Petitioners in three consolidated cases 1 seek to enjoin permanently the enforcement of Act No. 31 of 1983 (Act 31) which requires most Commonwealth employees, participants in the State Employees’ Retirement System, to contribute an additional 114% of their salary to the State Employees’ Retirement Fund (Fund). Before us are the Petitioners’ applications for a preliminary injunction. We grant the preliminary injunction and order the Commonwealth to refund im mediately all employee contributions in excess of the five (5%) percent basic…