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PAUL W. KOSEY v. CITY WASHINGTON POLICE PENSION BOARD AND CITY WASHINGTON (04/22/83)

decided: April 22, 1983.

PAUL W. KOSEY, SR., APPELLANT
v.
CITY OF WASHINGTON POLICE PENSION BOARD AND THE CITY OF WASHINGTON, APPELLEES



Appeal from the Order of the Court of Common Pleas of Washington County in case of Paul W. Kosey, Sr. v. City of Washington Police Pension Board and The City of Washington, No. 7794 In Equity.

COUNSEL

W. Bryan Pizzi, II, Rosenberg, Sewak & Pizzi, for appellant.

George K. Hanna, Hanna, Mitchell & Mitchell, for appellees.

President Judge Crumlish, Jr. and Judges Williams, Jr. and Barbieri, sitting as a panel of three. Opinion by Judge Barbieri.

Author: Barbieri

[ 73 Pa. Commw. Page 565]

Paul W. Kosey, Sr. (Appellant) appeals here from a final decree of the Court of Common Pleas of Washington County dismissing a complaint in equity he filed against the City of Washington (City) and the City of Washington Police Pension Board (Board). We affirm.

[ 73 Pa. Commw. Page 566]

In 1936 the City enacted an ordinance*fn1 establishing a police pension fund pursuant to the mandate of Section 4301 of The Third Class City Code (Code), Act of June 23, 1931, P.L. 932, as amended, 53 P.S. § 39301. Section 11 of this ordinance, mirroring the statutory language of Section 4303 of the Code,*fn2 53 P.S. § 39303, reads as follows:

Section 11. The basis of the apportionment of the pension shall be determined by the rate of the monthly pay of the member at the date of injury, death, honorable discharge or retirement, and, except as to service increments as provided in the law, shall not in any case exceed in any year one-half the annual pay of such member computed at such monthly rate.

On December 27, 1979, Appellant, a City policeman, notified the City that he intended to retire, and requested that his retirement have an effective date of January 7, 1980. The City Council granted Appellant's retirement request, and Appellant officially retired on January 7, 1980. Thereafter, the City, contrary to its normal policy of not reimbursing police officers for unused vacation days, issued a final check in the amount of $2,079.48 to Appellant which consisted of the following items:

Four weeks of unused 1980 vacation

     time $1,599.60

One week of regular pay 399.90

One 1980 paid holiday ...


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