holding that an agreement between an employer and employee cannot extend or alter what the employee is legally entitled to receive under the Retirement Code
How later courts described this case
- holding that an agreement between an employer and employee cannot extend or alter what the employee is legally entitled to receive under the Retirement Code
- State Employees’ Retirement Board not obligated to accept contributions on behalf of a member where contributions were made in accordance with a settlement agreement to which Board was not a party
Written by the judges who cited it.
The opinion
NIX, Chief Justice,
concurring.
I am disturbed by the possible implication that the Commonwealth can avoid its promises by employing as a shield *71 a bureaucratic maze. One agency of the Commonwealth should not be permitted to deny any legitimate commitments by another agency of that same body.
However, here I am satisfied that the record is clear that there was no deception, misstatement of authority or even reliance by appellant. Under those circumstances, I am constrained to concur in the result reached by the majority.