Original Jurisdiction in case of Mary P. Smith, individually and as Administratrix of the Estate of Frank Smith v. Commonwealth of Pennsylvania; Walter Baran, Secretary of General Services; The Department of General Services; Robert C. Wilburn, Secretary of Budget and Administration and Richard Thornburgh, Governor.
John D. Blumenthal, for plaintiff.
James J. Kutz, Deputy Attorney General, with him, Allen C. Warshaw, Senior Deputy Attorney General, Chief, Litigation Section, and LeRoy S. Zimmerman, Attorney General, for defendants.
President Judge Crumlish, Jr. and Judges Williams, Jr., Craig, MacPhail, Barry and Colins. Opinion by President Judge Crumlish, Jr. This decision was reached prior to the resignation of Judge Williams, Jr. Judge Rogers did not participate in the decision in this case.
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Mary P. Smith and the Commonwealth cross motion for summary judgment. We deny Smith's motion and grant the Commonwealth's motion.
Frank Smith, a field representative, was employed by the Pennsylvania Human Relations Commission from December 17, 1970, until his death on April 30, 1982, at the age of sixty-nine.*fn1 On June 11, 1977,
[ 87 Pa. Commw. Page 645]
Smith turned sixty-five and his state employee life insurance coverage was reduced by 50%.
In 1969, the Commonwealth entered into a term life insurance contract for its employees with the Life Insurance Company of North America (LINA). The Commonwealth provides group life insurance coverage for its permanent employees under the State Employees Group Life Insurance Act which sets forth a life insurance benefit schedule based on a Commonwealth employee's annual gross compensation.*fn2 However, the Act also provides that:
[ 87 Pa. Commw. Page 646]
The amount of such life insurance for any insured employee sixty-five years of age or older shall be one-half the amount of life ...