Scalice v. Pennsylvania Employees Benefit Trust Fund

OPINION

Chief Justice CAPPY.

This appeal raises a question under the Employee Retirement Income Security Act of 1974 (“ERISA” or “Act”), 29 U.S.C. § 1001 et seq. Specifically, we consider whether the Superior Court correctly affirmed the trial court’s order granting summary judgment to Appellee Pennsylvania Employees Benefit Trust Fund (“PEBTF”) on a counterclaim for subrogation. The grant of summary judgment was premised on the threshold determination that PEBTF was not a governmental plan excluded from the Act’s coverage on October 30, 1997, see 29 U.S.C. §§ 1002(32), 1003(b)(1), but rather,…