Legal Opinion

Harper v. State Employees' Retirement System

Supreme Court of Pennsylvania

Decided October 31, 1994PublishedCited by 8 opinions

1Opinion of the Court

OPINION

2Per curiam

This is a direct appeal from an order of the Commonwealth Court which denied Class D-3 membership status in the State Employees’ Retirement System (SERS) for the appellants, Ruth B. Harper and Nicholas B. Moehlmann, 154 Pa.Cmwlth. 573, 624 A.2d 279. Appellants are Pennsylvania legislators who initially took office after the March 1, 1974 effective date of the 1974 State Employees’ Retirement Code, 71 Pa.C.S. §§ 5101-5956, which eliminated as to all who took office after that date an option to receive Class D-3 pension benefits.

Class D-3 benefits substantially exceed those of the…

3Cases cited9 opinions

  1. City of Cleburne v. Cleburne Living Center, Inc.Supreme Court of the United States · 1985
  2. San Antonio Independent School District v. RodriguezSupreme Court of the United States · 1973
  3. James v. Southeastern Pennsylvania Transportation AuthoritySupreme Court of Pennsylvania · 1984
  4. Goodheart v. CaseySupreme Court of Pennsylvania · 1989
  5. Wright v. Allegheny County Retirement BoardSupreme Court of Pennsylvania · 1957

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4Cited by8 opinions

  1. Garrison v. DEPT. OF CORRECTIONSCommonwealth Court of Pennsylvania · 2011
  2. Kelley v. State Employees' Retirement BoardSupreme Court of Pennsylvania · 2007
  3. Commonwealth ex rel. Buehl v. PriceCommonwealth Court of Pennsylvania · 1997
  4. Donahue v. Public School Employees' Retirement SystemCommonwealth Court of Pennsylvania · 2003
  5. Rybak v. State Employees' Retirement BoardSupreme Court of Pennsylvania · 1994

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