Appeal from the Order of the Court of Common Pleas of Warren County in the case of Roger Thelin v. Borough of Warren, No. 580 of 1985.
Joseph A. Massa, Jr., for appellant.
William F. Morgan, for appellee.
President Judge Crumlish, Jr., Judge Smith, and Senior Judge Barbieri, sitting as a panel of three. Opinion by President Judge Crumlish, Jr.
[ 118 Pa. Commw. Page 337]
Roger Thelin appeals a Warren County Common Pleas Court order which dismissed his mandamus complaint. We affirm.
Thelin, a 49 year old Warren Borough police officer with almost 25 years' service, resigned in 1980 as the borough's chief of police. Under the pension plan then in effect,*fn1 Thelin was eligible to withdraw only his contributions to the plan plus interest, because his right to a full pension would not vest until he reached age sixty with twenty-five years' service.
Approximately six months after his resignation, the borough enacted a new pension plan*fn2 pursuant to a collective bargaining agreement, making vesting retroactive to 1979 and vesting at age fifty or twenty-five years' service. In addition, it increased retirement benefits to contributing officers, based on the member's highest monthly salary. Thus, Thelin was considered vested; however, his retirement benefits were computed under the 1976 ordinance.
Thelin filed a complaint in mandamus, seeking to compel the borough to pay him benefits according to the 1981 plan.
The common pleas court, based on stipulated facts, concluded that since Thelin did not contribute to the amended plan, he was ineligible to receive that plan's compensation benefits.
Mandamus is an extraordinary remedy and the right thereto is only available after a showing of a clear legal
[ 118 Pa. Commw. Page 338]
right to the writ and a lack of any other adequate and specific remedy. Equitable Gas Co. v. City of Pittsburgh, 507 Pa. 53, 488 A.2d 270 (1985). Our scope of review of a common pleas court order dismissing a complaint in mandamus is limited to determining whether the common pleas court committed an error of law or an abuse of discretion. Germantown ...