Appeal, No. 178, March T., 1963, from decree of Court of Common Pleas of Mercer County, Sept. T., 1962, No. 3, in case of Ralph A. Weber v. Bell Telephone Company of Pennsylvania, J. Markle, II, R.M. Wachob et al. Decree affirmed.
Philip E. Brockway, with him Brockway & Brockway, for appellant.
William J. Joyce, with him Martin E. Cusick, Robert David Kreitler, Hubert Thurschwell, and Cusick, Madden, Joyce, Acker and McKay, for appellees.
Before Bell, C.j., Jones, Cohen, Eagen, O'brien and Roberts, JJ.
OPINION BY MR. JUSTICE O'BRIEN
Appellant was an employee of the Bell Telephone Company of Pennsylvania for thirty-seven years, during which period he had attained the age of fifty-five. On April 15, 1960, his employment was terminated by the unilateral action of the company, for reasons, if any, which do not appear of record.
In 1962, appellant applied for pension payments under Bell's Employees' Pension Plan, administered by an employees' committee. The appellant's application was refused by the company and the committee.
Shortly thereafter, appellant filed a complaint in equity, seeking: a determination that he had acquired a vested right to pension benefits; a decree of specific performance; and an order directing appellee company to pay him a stipulated pension. Appellees, the company and the members of the committee, filed preliminary objections in the nature of a demurrer. After argument on the issue, the court below sustained the preliminary objections and dismissed the complaint; this appeal followed.
The sole question to which we must address ourselves is the sufficiency of the complaint in stating a cause of action, and all well pleaded facts in the complaint must, for this purpose, be accepted as true. Kutsenkow v. Kutsenkow, 414 Pa. 610, 202 A.2d 68 (1964).
Appellant alleges that a vested right had accrued under the terms of the pension agreement prior to the termination of his employment. Section 4 of the plan, which was made a part of the complaint, provides, inter alia: "(1) (a) All male employees who have reached the age of sixty years and whose term of employment has been twenty or more years ... shall if they so request, or may at the discretion of the Committee, be retired from active service and, upon such retirement shall be granted service pensions. (b) Any employee whose term of employment has been thirty years or more, or any male employee who has reached the age of fifty-five and whose term of employment has been twenty-five or more years, ... may, if the case is approved by the Committee as appropriate for such treatment, be retired from active service and, upon such retirement, shall be granted a service pension." (Emphasis supplied).
Clearly, appellant was ineligible for retirement and pension rights under subsection (1)(a), not having reached the age of ...