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CITY PHILADELPHIA BOARD PENSIONS AND RETIREMENT v. GEORGE BORDLEY (09/04/84)

decided: September 4, 1984.

CITY OF PHILADELPHIA BOARD OF PENSIONS AND RETIREMENT, APPELLANT
v.
GEORGE BORDLEY, APPELLEE. CITY OF PHILADELPHIA BOARD OF PENSIONS AND RETIREMENT, APPELLANT V. LILA BORDLEY, APPELLEE



Appeals from the Order of the Court of Common Pleas of Philadelphia County in the case of Lila Bordley v. Board of Pensions and Retirement, No. 2557 July Term, 1981 and in the case of George Bordley, Jr. v. Board of Pensions and Retirement, No. 536 June Term, 1982.

COUNSEL

Ralph J. Teti, Deputy City Solicitor, for appellant.

Eugene A. Spector, with him, Lawrence G. Metzger, Gross & Sklar, P.C., for appellee.

Judges Williams, Jr., Doyle and Palladino, sitting as a panel of three. Opinion by Judge Palladino.

Author: Palladino

[ 84 Pa. Commw. Page 646]

The Philadelphia Board of Pensions and Retirement (Board) appeals from a decision of the Court of Common Pleas of Philadelphia County which reversed in part and affirmed in part the decision of the Board in this consolidated case.

The issue in this case is centered upon the disposition of the pension benefits of George Bordley, Jr. (decedent), a Philadelphia city employee who died on November 20, 1980. The two parties claiming eligibility for the benefits are George Bordley, the decedent's son by his first wife, and Lila Bordley (Appellee),

[ 84 Pa. Commw. Page 647]

    the decedent's second wife and surviving spouse.*fn1 The Board denied Appellee's claim under Section 211.1 of the Philadelphia Municipal Pension Ordinance, which provides:

No spouse shall be entitled to receive benefits pursuant to Section 210 unless such spouse:

(a) was married to the deceased employee for not less than two (2) full years prior to the death of such employee, and was living with or entitled to support from such employee, or

(b) was designated in writing as the beneficiary.

The application of George Bordley was also denied by the Board, pending the resolution of ...


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