Merlino v. Philadelphia Board of Pensions & Retirement

OPINION BY

Judge SMITH-RIBNER.

Salvatore Merlino appeals from the order of the Court of Common Pleas of Philadelphia County that affirmed the denial of Merlino’s application for pension benefits and Deferred Retirement Option Plan (DROP) payment pursuant to Section 22-1302 of the Philadelphia Code, Title 22, Public Employees Retirement Code (Retirement Code),1 and Section 3 of the Public Employee Pension Forfeiture Act (Pension Forfeiture Act).2 Merlino was a police officer from November 16, 1981 until his discharge effective April 9, 2004 for conduct unbecoming an officer. He became a member…