Citation Numbers: 1 Pa. Commw. 537
Judges: Bowman, Crumlish, Kramer, Mandarino, Mencer, Rogers, Wilkinson
Filed Date: 3/24/1971
Status: Precedential
Modified Date: 6/24/2022
Opinion by
On January 7, 1969, at the age of 64, Adam T. Bower, appellant, retired as a state employee after serving in the House of Representatives from 1939 to 1966, inclusive, and as chief clerk of the House of Representatives in 1967 and 1968. He qualified as a state employee under the State Employes’ Retirement System and received credit for two years’ service as a member of class A and 28 years’ service as a member of class D. . .
On1 retirement, appellant was confronted with a choice among several options as set forth in the State Employes’ Retirement Code of 1959 in section 404, entitled.. “Members’ Options.” Act of June 1, 1959, P. L. .392, as amended, 71 P.S. 1725-404. He determined that the “present value” of his retirement, calculated as of that time, was $256,300. The “present value” is placed in quotation marks since this is a calculation made by the State Employes’ Retirement Board before applying the limitation of section 401 (3 ) (d.3) added to the Act
He determined further that if he chose option 2, whereby he would receive an annuity for life and on his death, his wife, if she survived, would receive the same annuity for her life, he and she would receive $1,152.96 per month. This was the maximum he could receive after giving weight to the $12,000 limitation on the benefits accruing as a result of his years in the legislature. The present value of such an annuity was determined to be $163,544. It is the loss of this difference, or $92,756, that gives rise' to this appeal.
The Board, acting on the advice of the’Attorney General, declined to pay appellant the $92,756- as a lump sum or in any other form. Appellant-contests this decision as being (1) an improper interpretation of section 401(1) (d.3) and section 404,-and (2) unconstitutional if applied to him since he was eligible to retire prior to the passage of the Act of June 29, 1965. We cannot agree with appellant’s position and must affirm the decision of the State Employes’ Retirement Board.- -
It is our opinion that the proper interpretation of the Retirément Code is that no lump sum payment can be made to any retiring member other than a lump suni equal to his accumulated deductions standing in his individual credit in the member’s annuity savings account. If he elects this lump sum, he would thereby forego his right to añ annuity or a retirement allowance payable throughout life according to any of the option plans. As a practical matter, this was really no choice
■ ' The history, basic philosophy, and law with regard to govermnental retirement systems in the United States have been collected and: presented in .52 A.L.R. 2d 457 (1957).-. The Pennsylvania law was.collected, interpreted, and summarized by the late Justice Cohen in Harvey v. Allegheny Co. Retirement Board, 392 Pa. 421, 141 A. 2d 197 (1958). This was followed by Geary v. Allegheny County Retirement Board, 426 Pa. 254, 231. A; . 2d 743 (1967), .wherein the previous legal principles were restated but there was disagreement on the court, as to their application to the facts, with Justice Roberts spealdng for the court and Justice Cohen dissenting, without opinion. Finally, the most recent case in this general area is that of Scott v. Allegheny County Board of Retirement, 439 Pa. 249, 266 A. 2d 644 (1970). . ..
In . arriving at. our Conclusion that the State Employes’ Retirement Code of 1959, as amended, does not authorize a lump sum payment to any retiring member of the State Employes’ Retirement System, other than the return of the amount the member paid in with interest,- we have'examined the entire Act and its history. At various places in the Act, and specifically in section 404(1) (c) here involved, the Act refers to amounts “payable throughout life.” Where lump sum payments can be made, they are specifically provided for on the cleath of the member or retiree, or his election to withdraw his payments. In 1965 an effort was made to obtain, the right for a retiree to elect a lump sum payment when an amendment maiding such a provision was
We do not agree with appellant’s position that option 4 provides for such a choice. Appellant argues that the code previously contained a provision require ing Board approval of the plan selected and that this Board approval was removed by amendment, thereby opening the way for a lump sum payment. If that amendment had intended to permit lump sum selections previously unauthorized, it would have been simple enough to put such a permissive provision in the Act as was done in the same section under option l(iii) wherein a beneficiary, on the death of a member, is permitted to select “(iii) A lump sum payment and an Annuity. Such annuity shall have a present value equal to the balance payable less the amount of the lump sum payment specified by the beneficiary.” Act of July 29, 1965, P. L. 264, §19; Act of July 31, 1968, P. L. , No. 230, §24, 71 P.S. 1725-404(1) (c) (Option 1). •
Appellant argues that the limitation of $12,000 placed by the Act of July 29, 1965, P. L. 264, §13, 71 P.S. 1725-401(1) (d.3), on the total superannuation re tirement allowance payable to a member of class D-3 cannot constitutionally be applied to him under the principles set forth in Harvey v. Allegheny County Retirement Board, 392 Pa. 421,141 A. 2d 197 (1938), and Scott v. Allegheny County Retirement Board, 439 Pa. 249, 266 A. 2d 644 (1970), since at the time it was enacted, he was eligible to retire.
The other arguments of appellant are equally without merit. The elimination of the constitutional officers' of the legislature from this limitation is a proper classification since their salaries are quite different from other legislators.' Of course, we agree with appellant’s position that retirement benefits are not gratuities passed out to retiring members from the largesse of the employer. Retirement benefits are earned by the employee during the period of his employment under all'the .terms, provisions, and limitations of the employment. contract. In Pennsylvania, the legislators are treated separately and quite properly so. Their contributions'are'at the highest rate of'any iiiembers in the retirement system; ’ Unlike other members, they have a
Accordingly, the adjudication of the State Employes’ Retirement Board, made on the petition of appellant, is affirmed.