# Massi v. City of Chester Aggregated Pension Board

> Supreme Court of Pennsylvania · April 16, 2019 · 206 A.3d 1026

URL: https://www.frixlaw.com/law-library/cases/4387884

## Case

- **Full name:** Joseph M. MASSI, Sr., Petitioner v. CITY OF CHESTER AGGREGATED PENSION BOARD and City of Chester, Respondents
- **Court:** Supreme Court of Pennsylvania
- **Decided:** April 16, 2019
- **Citations:** 206 A.3d 1026
- **Precedential status:** Published
- **Opinion:** Opinion
- **Judges:** Per Curiam
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4387884

## Opinion text

M.D. Appeal Dkt.
38 MAP 2019

IN THE SUPREME COURT OF PENNSYLVANIA
MIDDLE DISTRICT

JOSEPH M. MASSI, SR., : No. 528 MAL 2018
:
Petitioner :
: Petition for Allowance of Appeal from
: the Order of the Commonwealth Court
v. :
:
:
CITY OF CHESTER AGGREGATED :
PENSION BOARD AND CITY OF :
CHESTER, :
:
Respondents :

ORDER

PER CURIAM

AND NOW, this 16th day of April, 2019, the Petition for Allowance of Appeal is

GRANTED. The issues, as stated by petitioner are:

(1) May a municipal employer infringe upon the vested right of a city employee
by imposing restrictions not specifically contained in its disability ordinance
or its agreed-upon collective bargaining agreement?

(2) May a police officer rely upon the terms of a collective bargaining agreement
which sets forth no deadlines for claiming a disability pension in making
such application after his technical date of retirement?

(3) Absent language to the contrary, does a police officer vest in entitlement to
a disability pension on the date of his injury, and, absent language to the
contrary, should the time of confirmation of the disability, and not the date
of application, be determinative of a disability pension eligibility?

(4) Does a police officer who has retired forfeit the ability to seek the protection
of his collective bargaining agreement, and cease to be considered as a
police officer once his retirement has taken effect?

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4387884. Public record. Not legal advice.
