relying on Catania v. State Employees’ Retirement Board, 498 Pa. 684, 450 A.2d 1342 (1982)
How later courts described this case
- relying on Catania v. State Employees’ Retirement Board, 498 Pa. 684, 450 A.2d 1342 (1982)
- remand necessary where judge-petitioner may have been entitled to certain benefits based upon other state service
Written by the judges who cited it.
The opinion
McGINLEY, Judge,
dissenting.
I respectfully dissent. As I stated in my dissenting opinion in Shiomos v. State Employes’ Retirement Board, 128 Pa. Commonwealth Ct. 39 , 562 A.2d 969 (1989) “while public retirement benefits are deferred compensation, it does not necessarily, nor reasonably follow that ... retirement benefits are ‘compensation’ ” as that term is used in Article V, Section 16(b) of the Pennsylvania Constitution.