Packler v. State Employe's Retirement Bd.

• Decision Date: 28 January 1977
• Citation: 470 Pa. 368,368 A.2d 673
• Parties: Louis PACKLER, on behalf of himself and all other retired persons subject to the State Employes' Retirement Code of 1959 as Subsequently Amended, who were members of the Pennsylvania National Guard prior to September 17, 1940, Appellant, v. STATE EMPLOYES' RETIREMENT BOARD of the Commonwealth of Pennsylvania.
• Court: Pennsylvania Supreme Court

368 A.2d 673

470 Pa. 368

Louis PACKLER, on behalf of himself and all other retired persons subject to the State Employes' Retirement Code of 1959 as Subsequently Amended, who were members of the Pennsylvania National Guard prior to September 17, 1940, Appellant, v. STATE EMPLOYES' RETIREMENT BOARD of the Commonwealth of Pennsylvania.

Supreme Court of Pennsylvania.

January 28, 1977

Argued March 13, 1975.

Patrick H. Mahady, Mahady & Mahady, Greensburg, for appellant.

Raymond Kleiman, Deputy Atty. Gen., Harrisburg, for appellee.

Before JONES C.J., and EAGEN, O'BRIEN, POMEROY and MANDERINO, JJ.

OPINION OF THE COURT

MANDERINO Justice.

Appellant Louis Packler, was a member of the Pennsylvania State Police from 1936 until his retirement in 1973. Prior to 1936 he served four years with the Pennsylvania National Guard. Appellee, the State Employees' Retirement Board, in calculating appellant's years of service for retirement purposes, did not include his four years of service with the Pennsylvania National Guard. Appellant filed a complaint in the Commonwealth Court seeking a writ of mandamus directing the Board to include these four years in computing his years of service. The Board filed preliminary objections to the complaint including a demurrer. The appellant then filed an answer to the preliminary objections. The Commonwealth Court sustained the Board's demurrer to the complaint, Packler v. State Emp. Retirement Bd., 15 Pa.Cmwlth. 143, 325 A.2d 335 (1974). This appeal followed pursuant to the Appellate Court Jurisdiction Act of 1970, July 31, P.L. 673, No. 223, Art. II, § 203, 17 P.S. § 211.203 (supplement).

In sustaining the Board's demurrer to the complaint, the Commonwealth Court noted that the appellant's claim in this case is based on subsections (1) and (2) of Section 204 of State Employees Retirement Code of 1959 (Act of June 1, 1959, P.L 392, As amended, 71 P.S. § 1725--204(1) and (2)) which provide:

'(1) In computing the length of service of a contributor for retirement purposes, a year of service shall mean a period of twelve (12) months during which a contributor is a State employe and for which he receives an annual salary or other compensation. . . .

(2) Any person who became a member of the Pennsylvania Motor Police subsequent to January 1, 1938, Or a member of the Pennsylvania State Police subsequent to June 1, 1943, and who shall have been at any time theretofore in the employ of the Commonwealth shall receive credit for any such service prior to January 1, 1938, or prior to June 1, 1943, as the case may be, upon complying with the provisions of article III. section 302.' (Emphasis added.)

The Court concluded that Subsection (2) of the Act, read in conjunction with the appellant's complaint discloses that This provision gives him no legal right to have his service with the National Guard included in his retirement computation. This conclusion was reached in view of the fact that the appellant alleged becoming a member of the State Police in 1936, whereas Subsection (2) only applies to persons who became members of the State Police Subsequent to June 1, 1943, or members of Pennsylvania Motor Police Subsequent to June 1, 1938.

In his brief to this Court the appellant agrees that Subsection (2) does not entitle him to the relief sought, but argues that he derives his right to retirement credit from other provisions of the Retirement Code including the General provision of Subsection (1) and the definition of 'State...