amendment to retirement code increasing rate of employees’ contribution unconstitutionally impaired the contract rights of all existing members of the retirement system
How later courts described this case
- amendment to retirement code increasing rate of employees’ contribution unconstitutionally impaired the contract rights of all existing members of the retirement system
Written by the judges who cited it.
Distinguished
Distinguished by Wingert v. State Employes' Retirement Board, 138 Pa. Commw. 43 (1991)
505 Pa. 369, 479 A.2d 962 (1984), is inapposite.
The opinion
HUTCHINSON, Justice,
concurring and dissenting.
I continue to adhere to the views expressed by former Chief Justice O’Brien in his Opinion in Support of Denial of Summary Judgment in Catania v. Commonwealth, State Employees’ Retirement Board, 498 Pa. 684 , 450 A.2d 1342 (1982). Moreover, as the majority concedes, the result in this case would be the same under either of the views expressed in Catania . I therefore believe the majority’s attempt to adopt a so-called contract theory in this case on pensions is an unfortunate dictum.