Appeal from the Order of the Court of Common Pleas of Philadelphia County in the case of Maurice Osser v. City of Philadelphia, No. 2352 August Term, 1976.
Neil E. Jokelson, Jokelson and Rosen, P.C., for petitioner.
Kenneth L. Fox, Assistant City Solicitor, with him Mark A. Aronchick, Acting City Solicitor, and Jill A. Douthett, Divisional Deputy City Solicitor, for respondent.
Judges Blatt, Craig and Doyle, sitting as a panel of three. Opinion by Judge Blatt.
[ 75 Pa. Commw. Page 146]
Maurice Osser (appellant) appeals here an order*fn1 of the Court of Common Pleas of Philadelphia County which refused to direct payment by the City of Philadelphia (City) of his accrued pension benefits.*fn2
The appellant began his employment with the City on January 7, 1952 and resigned on December 21, 1972*fn3 after his conviction in federal court for "mail fraud, conspiracy, and endeavoring to obstruct criminal investigation in violation of 18 U.S.C. Sections 1341, 1342, 371, and 1510."*fn4 Subsequent to his conviction and resignation, he filed a claim with the Board of Pensions and Retirement of Philadelphia (Board) which was denied. He then filed a complaint in the common pleas court, which denied relief pursuant to, inter alia, Section 217 of the Philadelphia Retirement System Ordinance, which provides in pertinent part:
Notwithstanding any other provision of this article, no employee nor any beneficiary designated
[ 75 Pa. Commw. Page 147]
by or for any employee shall be entitled to receive any retirement or other benefit or payment of any kind except a return of contribution paid into the Retirement System, without interest, if such employee
(a) pleads or is finally found guilty or pleads no defense, in any court, to any of the following:
(1) Perjury committed in connection with his official duties or in any affidavit or proceeding concerning his official duties or conduct;
(2) Acceptance of a bribe for the performance, or affecting the performance or for the non-performance of ...