McCue v. State Employes' Retirement Board

Although I concur in the result reached by the majority, I write separately because I respectfully disagree with the rationale of the opinion.

John B. McCue (McCue), prior to his retirement from state employment, requested a statement from the State Employes’ Retirement Board (Board) of the cost to purchase military service retirement credit under the State Employes’ Retirement System. Board sent the statement to McCue, who sent the Board the purchase amount. Thereafter, the Board notified him that, pursuant to Section 5304(b) of the State Employees’ Retirement Code (Code),1 he could purchase…