Rybak v. State Employees' Retirement Board

CRAIG, President Judge.

This case is a companion case to Harper v. State Employees’ Retirement System, 154 Pa.Commonwealth Ct. 573, 624 A.2d 279 (1993), dealing with the 1974 State Employees’ Retirement Code, 71 Pa.C.S. §§ 5101-5956, which revised the Retirement Code of 1959, Act of June 1, 1959, P.L. 392, as amended, formerly 71 P.S. §§ 1725-101 through 1725-807, repealed by the Act of March 1, 1974, P.L. 125. The 1974 Code eliminated, as to all legislators taking office after its March 1, 1974 effective date, an option to receive substantially greater and potentially earlier pension benefits…