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ANDREW PANKO v. COMMONWEALTH PENNSYLVANIA (05/22/85)

decided: May 22, 1985.

ANDREW PANKO, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, PUBLIC SCHOOL EMPLOYEES' RETIREMENT SYSTEM, RESPONDENT



Appeal from the Order of the Public School Employees' Retirement Board in the case of In Re: Andrew Panko, S.S. No. 165-18-2834.

COUNSEL

Anthony J. Miernicki, for petitioner.

Nicholas Joseph Marcucci, Assistant Counsel, for respondent.

Judges Doyle and Palladino and Senior Judge Barbieri, sitting as a panel of three. Opinion by Senior Judge Barbieri. Judge Williams, Jr. did not participate in the decision in this case.

Author: Barbieri

[ 89 Pa. Commw. Page 420]

Andrew Panko, a retired industrial arts teacher, appeals here the decision and order of the Public School Employees' Retirement Board (Board) which denied Panko's request to purchase nonschool service as a manual arts therapist at a Veterans Hospital to apply to his retirement credit and thereby increase his retirement benefits.

The Public School Employees' Retirement Code (Code), 24 Pa. C.S.A. ยงยง 8101-8534, provides at Section 8304(a) that an active member of the retirement system shall be eligible to receive service credit for creditable nonschool service as set forth in subsection (b). Subsection (b), and particularly subsection (b)(4) pursuant to which Panko makes his claim, provides

(b) Limitations on nonschool service -- Creditable nonschool service shall be limited to:

(1) Intervening military service.

(2) Other military service not exceeding five years.

(3) Service in any public school or public educational institution in any state other than this Commonwealth or in any territory or area under the jurisdiction of the United States.

[ 89 Pa. Commw. Page 421]

(4) Service as an administrator, teacher, or instructor in the field of public school education for any agency or department of the government Page 421} of the United States whether or not such ...


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