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CITY READING v. READING LODGE FRATERNAL ORDER POLICE NO. 9 (10/03/74)

decided: October 3, 1974.

CITY OF READING, APPELLANT,
v.
READING LODGE FRATERNAL ORDER OF POLICE NO. 9, APPELLEE



Appeal from the Award of the Board of Arbitration in the case of In the Matter of the Arbitration between Reading Lodge, Fraternal Order of Police, No. 9 and The City of Reading, AAA Case No. 14 39 0820 73 S.

COUNSEL

Calvin Lieberman, City Solicitor, with him Peter F. Cianci, First Assistant City Solicitor, Adam B. Krafczek, Assistant City Solicitor, Robert F. Shapiro, Assistant City Solicitor, and H. Robert Goldstan, Assistant City Solicitor, for appellant.

Russell J. LaMarca, for appellee.

President Judge Bowman and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Mencer, Rogers and Blatt. Opinion by President Judge Bowman.

Author: Bowman

[ 15 Pa. Commw. Page 345]

Pa. R.J.A. No. 2101, effective May 10, 1973, provides that review of an award of arbitrators appointed in conformity with an Act of Assembly to arbitrate a dispute between a public employer and employee shall be sought in the Commonwealth Court.

[ 15 Pa. Commw. Page 346]

In this proceeding the City of Reading, a third class city, sought and was granted review of a provision of an arbitration award made under the Act of June 24, 1968, P.L. 237, 43 P.S. § 217.1 et seq. (Supp. 1974-1975). (Commonly referred to as Act No. 111.)

In issue is paragraph 9 of the arbitration award, which provides:

"9. Pensions

"a. Members of the Police Pension Fund Association who shall have completed twenty (20) years continuous service in the Bureau of Police of the City of Reading and who shall have attained the age of fifty (50) years shall be entitled, upon retirement on application to the Police Pension Fund Association, to retirement benefits; except that those members who shall have completed twenty (20) years continuous service in the Bureau of Police on or before January 1, 1975, shall be eligible for retirement benefits on application to the Association, regardless of age, retroactive to the date of their retirement. Effective January 1, 1975, a police officer who has the required twenty (20) years continuous service but who has not attained the age of fifty (50) years shall be eligible to receive a pension reduced by three-tenths (3/10) of one percent for each month under the age of fifty years that the officer has attained on the date retirement benefits are scheduled to commence . . . ."

Appellant asserts this provision of the arbitration award to be unenforceable as violative of the statutory law governing the City of Reading. Section 4302 of the Third Class City Code, Act of June 23, 1931, P.L. 932, as amended, 53 P.S. § 39302 (Supp. 1974-1975), requires a minimum continuous service of not less than twenty years for police retirement, then ...


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