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CHARLES HUNSICKER v. COMMONWEALTH PENNSYLVANIA (02/23/77)

decided: February 23, 1977.

CHARLES HUNSICKER, JR.
v.
COMMONWEALTH OF PENNSYLVANIA, STATE EMPLOYES' RETIREMENT BOARD. CHARLES HUNSICKER, JR., APPELLANT



Appeal from the Order of the State Employes' Retirement Board in case of In the Matter of the Petition of Charles Hunsicker, Jr., Social Security No. 176-32-0991.

COUNSEL

John D. Kuhn, with him Harold R. Prowell, for appellant.

Raymond Kleiman, Deputy Attorney General, with him Robert P. Kane, Attorney General, for appellee.

Judges Crumlish, Jr., Mencer and Blatt, sitting as a panel of three. Opinion by Judge Crumlish, Jr.

Author: Crumlish

[ 28 Pa. Commw. Page 597]

Charles Hunsicker, Jr. (Appellant) has appealed an order of the State Employes' Retirement Board (Board) denying his request for the military service credit provided by Section 207(1) of the State Employes' Retirement Code of 1959 (Code).*fn1

[ 28 Pa. Commw. Page 598]

In February, 1941, Appellant began his state employment. In July, 1942, he was ordered to active duty with the Navy. He was placed on military leave of absence without pay in August, 1942, but continued to make his contributions to the State Employes' Retirement Fund (Fund) until October, 1943, at which time he resigned from Commonwealth service and withdrew his pension contributions.

Appellant's tour of active duty terminated in June, 1947, but he voluntarily remained in the Navy until July, 1963 when he returned to state employment. Appellant then resumed contributions to the Fund.

In March, 1966, Appellant reached the superannuation retirement age of 60 years. One month prior to reaching retirement age, Appellant had petitioned for military service credit and tendered a check for the amount of accumulated salary deductions for the period between October, 1943 and June, 1947 (the period in which he was on active duty during wartime but was making no contributions).

The Board denied Appellant's request for purchase of military service credit. Hence, this appeal.

Section 207(1) of the former Code states:

(1) A State employe who during the period from September 16, 1940, to July 27, 1953, entered into active military service, defined as full time service in the armed forces of the United States, under a requisition from or by executive order of the President of the United States, or in the armed forces organized for the defense of the Commonwealth by the authority of this Commonwealth, shall be allowed credit for the period during which he was in active military service and salary deductions were paid into the ...


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