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NEWPORT TOWNSHIP AND NEWPORT TOWNSHIP BOARD COMMISSIONERS v. WILLIAM J. MARGALIS (11/02/87)

decided: November 2, 1987.

NEWPORT TOWNSHIP AND NEWPORT TOWNSHIP BOARD OF COMMISSIONERS, APPELLANTS
v.
WILLIAM J. MARGALIS, APPELLEE



Appeal from the Order of the Court of Common Pleas of Luzerne County, in case of William J. Margalis v. Newport Township and Newport Township Board of Commissioners, No. 2037-C of 1985.

COUNSEL

Charles A. Shaffer, Mahler & Shaffer, for appellants.

James G. Nealon, III, with him, Thomas D. Caldwell, Jr., Caldwell & Kearns, for appellee.

Judges Doyle and Barry, and Senior Judge Barbieri, sitting as a panel of three. Opinion by Judge Doyle.

Author: Doyle

[ 110 Pa. Commw. Page 612]

Newport Township (Township) and the Newport Township Board of Commissioners (Commissioners) appeal

[ 110 Pa. Commw. Page 613]

    from an order of the Court of Common Pleas of Luzerne County, which granted William Margalis's motion for summary judgment in his mandamus action to compel payment of his Blue Cross and Blue Shield retirement benefits. We affirm.

William Margalis began his employment with the Township on July 16, 1948. On October 2, 1972, the Commissioners unanimously adopted the following Resolution:

That the Township continue to carry on its Blue Cross/Blue Shield and Major Medical Plan, at the cost of the Township, for a period of ten years, any full-time employee or employee receiving a salary for a period of fifteen years, who retires because of age or disability.

Margalis retired on March 31, 1982 with almost thirty-four years of service with the Township. At the April 5, 1982 Commissioners' meeting, five days after he retired, the following resolution was offered:

That a motion to pay the Blue Cross for persons retired from the Township be rescinded, and that payments of the Blue Cross by the Township ...


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