Opinion

Estate of Wilson v. State Employees' Ret. Bd.

  • 189 A.3d 386
Court
Supreme Court of Pennsylvania
Filed
Jul 16, 2018
Status
Published
On the bench
Per Curiam
Cited by
0 cases

The opinion

IN THE SUPREME COURT OF PENNSYLVANIA

WESTERN DISTRICT

ESTATE OF LYNN D. WILSON BY : No. 25 WAL 2018

DONNA KILLINGER, EXECUTRIX, :

:

Respondent : Petition for Allowance of Appeal from

: the Order of the Commonwealth Court

:

v. :

:

:

STATE EMPLOYEES' RETIREMENT :

BOARD, :

:

Petitioner :

ORDER

PER CURIAM

AND NOW, this 16th day of July, 2018, the Petition for Allowance of Appeal is

GRANTED. The issues, as stated by petitioner are:

(1) Did the Commonwealth Court abuse its discretion and depart from accepted

judicial practice in holding that the Decedent’s retirement option change

application must be considered filed when mailed?

(2) Did Commonwealth Court apply the wrong scope and standard of review to

the Retirement Board’s adjudication by not affording the appropriate

deference to the Retirement Board’s interpretation of the State Employees’

Retirement Code, 71 Pa.C.S. §§ 5101-5958, (“Retirement Code”) and duty

adopted regulation for determining a document’s filing date, and by making

unsupported evidentiary presumptions, regarding the actual mailing of the

documents at issue in this case?

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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