McLaughlin v. State Employees' Retirement Board

I respectfully dissent.

In Cutshall v. Public School Employees’ Retirement Board, 70 Pa.Commonwealth Ct. 146, 452 A.2d 622 (1982), this court held that the Public School Employes’ Retirement Board bore the burden of proving that a teacher who had previously been found to be disabled was no longer disabled. The relevant provision of the Public School Employees’ Retirement Code cited in Cutshall, 24 Pa.C.S. § 8505(c), and the parallel provision in the State Employees’ Retirement Code, 71 Pa.C.S. § 5905(c), were amended in 1985. As the majority points out, the old language stated that the board’s…