Legal Opinion · Dissent

Firemen's Relief Ass'n v. Minehart

Superior Court of Pennsylvania

Decided May 13, 1968No. Appeal, No. 15Published

1Dissent

Dissenting Opinion by

Me. Justice Cohen :

I disagree with the majority that the Auditor General is not empowered to withhold the allocation of state funds on the basis that the present pension fund1 does not contain a minimum age requirement as a condition precedent for eligibility.

Under the Act of April 9, 1929, P. L. 343, 72 P.S. §403,2 the Auditor General has the unqualified power *78and duty to audit the accounts and records of tbe instant Firemen’s Relief Association to ascertain whether or not the fund appropriated to it is being expended for no purpose other than that for which it was paid.…

2Cases cited14 opinions

  1. Retirement Board v. McGovernSupreme Court of Pennsylvania · 1934
  2. Busser v. SnyderSupreme Court of Pennsylvania · 1924
  3. Commonwealth Ex Rel. Schnader v. LiverightSupreme Court of Pennsylvania · 1927
  4. Altieri v. Allentown Officers' & Employees' Retirement BoardSupreme Court of Pennsylvania · 1951
  5. Volunteer Firemen's Relief Ass'n v. MinehartSupreme Court of Pennsylvania · 1964

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