decided: January 24, 1978.
WILLIAM F. VODDE
RETIREMENT BOARD OF ALLEGHENY COUNTY, APPELLANT. MARIO M. DENTINO V. RETIREMENT BOARD OF ALLEGHENY COUNTY, APPELLANT. RICHARD E. POWERS, RALPH E. SHUSTER, ROBERT E. KENNELLY, JOHN O. INGLES, THEODORE J. BABIN, HYMEN MORWITZ AND JACK ZINAMAN V. RETIREMENT BOARD OF ALLEGHENY COUNTY, APPELLANT
Appeals from the Order of the Court of Common Pleas of Allegheny County in cases of William F. Vodde v. Retirement Board of Allegheny County, No. 3314 July Term, 1974; Mario M. Dentino v. Retirement Board of Allegheny County, No. 3695 July Term, 1974; and Richard E. Powers, Ralph E. Shuster, Robert E. Kennelly, John O. Ingles, Theodore J. Babin, Hymen Morwitz and Jack Zinaman v. Retirement Board of Allegheny County, No. 1862 January Term, 1975.
Anthony J. Martin, with him Martin and Finnegan, for appellant.
David R. Cashman, with him Franklyn E. Conflenti, and Cauley, Birsic & Conflenti, for appellees.
President Judge Bowman and Judges Crumlish, Jr., Wilkinson, Jr., Rogers and Blatt. Opinion by Judge Blatt.
[ 33 Pa. Commw. Page 343]
The Retirement Board of Allegheny County (Board) has appealed from an order of the Court of Common Pleas of Allegheny County which held that Court Stenographers' transcript fees were to be included as "compensation" for retirement benefits determination.
The Appellees, William F. Vodde, Mario M. Dentino, Richard E. Powers, Ralph E. Shuster, Robert E. Kennelly, John O. Ingles, Theodore J. Babin, Hymen Morwitz and Jack Zinaman instituted and consolidated actions in mandamus to compel the Board to include county transcript and folio fees in computing their contributions to the county retirement fund.
[ 33 Pa. Commw. Page 344]
The Employes' Retirement System Act provides that:
The retirement allowance paid under the provisions of this article shall equal fifty per centum of the amount which would constitute the average monthly compensation as received by the county employe. . . .
Act of July 28, 1953, P.L. 723, as amended, 16 P.S. § 4712(a).
Appellees argue and the lower court held that "average monthly compensation" includes both court stenographer's salary and transcript folio fees as decided by the Supreme Court in Rockwell v. York County Retirement Board, 405 Pa. 406, 175 A.2d 831 (1961). This Court recently followed Rockwell, supra, and held that the term "compensation" does include fees as well as court stenographer's salary and we, therefore, affirm the decision of the lower court. See Joseph H. Newhouse v. Board of Pensions and Retirement of the City of Philadelphia, 33 Pa. Commonwealth Ct. 81, A.2d (1977).
And Now, this 24th day of January, 1978, the order of the Court of Common Pleas of Allegheny County in the above-captioned matter is affirmed.
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