Association of Pennsylvania State College & University Faculties v. State System of Higher Education

OPINION

NIX, Chief Justice.

This is a direct appeal from an order of the Commonwealth Court declaring unconstitutional and permanently enjoining the enforcement of an amendment to the State Employees’ Retirement Code (“Code”), 71 Pa.C.S. § 5101 et seq., requiring each member of the State Employees’ Retirement System (“System”) to contribute an additional one and one-quarter percent (1V4%) of his or her wages to the System’s Retirement Fund, insofar as it applied to employees who were members of the System prior to that amendment’s effective date. We agree with the Commonwealth Court that the…