O'Brien v. City of Butler

PALLADINO, Judge.

Martin J. O’Brien (O’Brien) appeals from an order of the Court of Common Pleas of Butler County (trial court) which held that O’Brien was not entitled to his pension, but was entitled to a refund of his contributions.

On October 5, 1992, O’Brien and the City of Butler Municipal Officers and Employees Retirement Pension Board (Board) filed a joint petition for declaratory judgment in the trial court. At that time, the parties stipulated to the following facts.

O’Brien was employed by the City of Butler (City) as the City Solicitor for a period of 15.5 years. On December 2, 1985,…