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AMERICAN FEDERATION STATE v. COMMONWEALTH ET AL. (03/07/84)

decided: March 7, 1984.

AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO ETC., PETITIONER
v.
COMMONWEALTH ET AL., RESPONDENTS. JOINT BARGAINING COMMITTEE OF THE PENNSYLVANIA SOCIAL SERVICES UNION ET AL., PETITIONERS V. COMMONWEALTH OF PENNSYLVANIA ET AL., RESPONDENTS. DENNIS J. SOLECKI ET AL., PETITIONERS V. COMMONWEALTH OF PENNSYLVANIA ET AL., RESPONDENTS. THE ASSOCIATION OF PENNSYLVANIA STATE COLLEGE AND UNIVERSITY FACULTIES ET AL., PETITIONERS V. THE STATE SYSTEM OF HIGHER EDUCATION ET AL., RESPONDENTS



Original jurisdiction in cases of American Federation of State, County and Municipal Employees, AFL-CIO etc. v. Commonwealth of Pennsylvania et al.; Joint Bargaining Committee of the Pennsylvania Social Services Union et al. v. Commonwealth of Pennsylvania et al.; Dennis J. Solecki et al. v. Commonwealth of Pennsylvania et al., and The Association of Pennsylvania State College and University Faculties et al. v. The State System of Higher Education et al.

COUNSEL

Richard Kirschner, with him Lee W. Jackson and Stuart W. Davidson, for petitioners, AFSCME, Barbush and Solecki.

Bruce Ludwig, Stephen A. Sheller & Associates, for petitioners, Joint Bargaining Committee of the Pennsylvania Social Services Union et al.

Elliot A. Strokoff, Handler, Gerber, Johnston, Strokoff & Cowden, for petitioners, The Association of Pennsylvania State College and University Faculties et al.

James J. Kutz, Deputy Attorney General, with him Allen C. Warshaw, Deputy Attorney General, and LeRoy S. Zimmerman, Attorney General, for respondents.

Anthony C. Busillo, II, Mancke, Lightman & Wagner, for intervenor, State Conference of State Police Lodges of the Fraternal Order of Police.

President Judge Crumlish, Jr. and Judges Rogers, Williams, Jr., Craig, MacPhail, Doyle and Barry. Opinion by President Judge Crumlish, Jr.

Author: Crumlish

[ 80 Pa. Commw. Page 613]

The petitioners and respondents in these four consolidated cases have filed cross-motions for summary judgment. Petitioners seek the permanent enjoinment of Section 7 of Act 31 of 1983, 71 Pa. C.S. § 5505.1, which requires most Commonwealth employees, participants in the State Employes' Retirement System*fn1 to contribute an additional 1 1/4% of their salary to the State Employes' Retirement Fund. Respondents seek to have the constitutionality of Act 31 upheld. We grant petitioners' motion for summary judgment and deny respondents' motion for summary judgment. We also order the Commonwealth to refund immediately all employee contributions in excess of the five (5%) percent basic contribution rate heretofore collected.*fn2

[ 80 Pa. Commw. Page 614]

On July 22, 1983, Governor Thornburgh signed into law Act 31 of 1983. The disputed section of the Act, which purported to amend the Retirement Code, reads as follows:

§ 5505.1. Additional member contributions

In addition to regular or joint coverage member contributions and social security integration contributions, contributions shall be made on behalf of each active member, regardless of class of service, at the rate of 1 1/4% of compensation until such time as the actuary certifies that all accrued liability contributions have been completed in accordance ...


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