DiNubile v. Kent

Opinion by

Judge Mencer,

The Honorable Victor J. DiNubile and the Honorable kfendall H. Shoyer (petitioners) were reelected judges of the Court of Common Pleas of Philadelphia County on November 6, 1973. They were administered the oath of judicial office on January 7, 1974. On both of these dates, the pertinent part of Section 401(4) of the State Employes’ Retirement Code of 1959, Act of June 1, 1959, P. L. 392, as amended (codified at 71 P.S. §1725—401(4) (Supp. 1974-75)), that is in question here read as follows:

“(4) Any member of Class E or E.l who has retired, who has either actively served…