Opinion

Shafer v. State Employes' Retirement Board

  • 548 Pa. 320
  • 696 A.2d 1186
  • 1997 Pa. LEXIS 1196
Court
Supreme Court of Pennsylvania
Filed
Jun 18, 1997
Status
Published
Author
Nigro
On the bench
Flaherty, Zappala, Cappy, Castille, Nigro, Newman
Cited by
11 cases

The opinion

NIGRO, Justice,

concurring and dissenting.

I concur in the result reached by the majority, but I write separately because I do not interpret 71 Pa.C.S. § 5304(c)(3) as requiring the existence of an employer/employee relationship in order to purchase “creditable nonstate service” retirement credit.

The express language of 71 Pa.C.S. § 5304(c)(3) requires “service as an administrator, teacher, instructor, in the field of education for any agency or department of the government of the United States.... ” It is undisputed that Appellee’s function at Ain Shams University in Egypt during the 1978-1979 school year was as a teacher. His role as a teacher, thus, clearly fulfills the statutory requirement of “service” in the field of education.

*338 Where appellee’s claim fails, however, is the added requirement under 71 Pa.C.S. § 5804(c)(3) that service is “for any agency or department of the government of the United States____” The facts in this case suggest the beneficiary of the “service” was Ain Shams University rather than a United States Government Agency or Department. I thus join in the result reached by the Majority.

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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