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?