Colville v. Allegheny County Retirement Board

926 A.2d 424, 592 Pa. 433, 2007 Pa. LEXIS 718
CourtSupreme Court of Pennsylvania
DecidedMarch 26, 2007
Docket7 WAP 2006
StatusPublished
Cited by39 cases

This text of 926 A.2d 424 (Colville v. Allegheny County Retirement Board) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Colville v. Allegheny County Retirement Board, 926 A.2d 424, 592 Pa. 433, 2007 Pa. LEXIS 718 (Pa. 2007).

Opinions

OPINION

Justice CASTILLE.

The question we confront in this matter is whether appellant Robert E. Colville, the former District Attorney of Allegheny County, is eligible for statutory pension benefits granted retired county employees per 16 P.S. § 4712(a), which enables employees to contribute portions of their salary to the retirement fund in excess of the previous statutory cap. The Retirement Board of Allegheny County (“Retirement Board”), trial court, and Commonwealth Court each found that Section 4712(a) was inapplicable to appellant. For the reasons that follow, we affirm.

Appellant served with distinction as the District Attorney for Allegheny County from January 1976 until his retirement on January 2, 1998.1 Pursuant to that service, appellant was and remains a participant in the Allegheny County Employees’ Retirement System. The Retirement System is governed by the provisions of the Second Class County Code. See 16 P.S. §§ 4702-4706. At the time of appellant’s retirement, pension provisions of the law provided that in calculating a retiree’s retirement benefits, compensation in excess of $4,333.33 per month was not considered. Each month prior to his retirement, appellant contributed to the County retirement fund the required percentage of his monthly compensation while subject to the statutory cap. When appellant retired in 1998, he began receiving a monthly retirement allowance.

This statutory cap was removed via legislation enacted on October 30, 2000. Act of Oct. 30, 2000, P.L. 616, No. 85 (“Act 85”). Act 85 amended 16 P.S. § 4712, abolishing the statutory compensation cap and thus allowing retirement benefits to be computed based on an employee’s total earned income. The amended provision provides, in pertinent part:

No retirement allowance shall be computed on a monthly compensation in excess of four thousand three hundred [436]*436thirty-three dollars and thirty-three cents ($4,333.33) (referred to in this subsection as excess compensation) unless the employe and the county have made contributions on all excess compensation received by the employe during the five-year period preceding the employe’s retirement: Provided, That the required contribution is paid into the retirement system within ninety (90) days of the date of retirement. An employe who retires within five (5) years of the effective date of the compensation cap removal may elect to satisfy the contribution requirement by making a lump sum contribution that is calculated by applying the applicable contribution percentage rate to all excess compensation received by the employe during the prior five-year period on which contributions were not made.

16 P.S. § 4712 (emphasis supplied). While Act 85 was enacted on October 30, 2000, the effective date of the cap removal was set retroactively to December 31,1999.

In late December of 2000, after becoming aware of the enactment of Act 85 and the cap removal provisions, appellant contacted the Retirement Board and attempted to make the lump sum contribution required by the amended Section 4712. The Retirement Board refused the proffered contribution in February of 2001 and declined to recalculate appellant’s retirement benefits pursuant to Section 4712. Appellant appealed the decision and a board hearing was held on April 27, 2001.

Following the hearing, an affidavit in support of the Retirement Board was submitted from Paul D. Halliwell, a member of the Commonwealth of Pennsylvania Public Employee Retirement Commission (“Retirement Commission”) and a provider of actuarial services to the Retirement Board. Appellant objected to the relevance of Halliwell’s affidavit. By law, the Retirement Commission is required to study any proposed change to a public employee pension or retirement plan. 43 P.S. § 1407(b). The Retirement Commission, accordingly, prepared an actuarial report regarding the cap removal legislation, which was forwarded to the General Assembly prior to passage of Act 85. In the report, the Retirement Commission [437]*437only contemplated what impact there would be to the retirement fund from employees who retired after the passage of Act 85, repeatedly referring to what effect the retirement of “current and future employees” would have on the fund. Retirement Commission Report, at 2, 4, & 5. The Retirement Commission calculated Act 85’s effect based on the number of active County employees as of January 1, 1999. Id. at 4. On this basis, Halliwell testified that the cap removal legislation was never meant to apply to employees like appellant. Halliwell Affidavit, at 2. Thereafter, the Retirement Board denied appellant’s appeal because it determined that Section 4712 only applied to individuals who retired after its effective date, supporting its decision with the actuarial note prepared by the Retirement Commission.

Rather than appealing the Retirement Board’s decision, appellant filed, in the Court of Common Pleas, a Praecipe for Writ of Summons in Civil Action and a Complaint for Declaratory Relief (“Complaint”), requesting a declaration that the amended Section 4712 applies to individuals who retired within the five years prior to its effective date. The Retirement Board then filed preliminary objections arguing that the Complaint was barred by the applicable statute of limitations as well as by appellant’s failure to exhaust administrative remedies. On October 14, 2002, the trial court granted the Retirement Board’s preliminary objections to the extent that appellant sought declaratory relief. Yet, the court found that the Praecipe for Writ of Summons was a timely appeal of the Retirement Board’s decision in accordance with the Local Agency Law.2 The trial court emphasized that it would not entertain de novo review of the action for declaratory relief, but would instead conduct only a limited review of the Retirement Board’s decision pursuant to the Local Agency Law.

On April 14, 2003, appellant filed a Motion for Summary Judgment requesting a resolution of the plain meaning or proper interpretation of Section 4712. The trial court heard argument on the motion. On July 29, 2003, the trial court entered an order denying appellant’s Motion for Summary [438]*438Judgment and affirming the Retirement Board’s adjudication that appellant was ineligible for the cap removal provided by Section 4712 because appellant had retired prior to the effective date of its amendment.

Appellant did not file an appeal of the July 29, 2003 order at that juncture, but rather filed a Motion for Remand seeking further proceedings before the Retirement Board, prompted by a footnote in the trial court’s order stating a willingness to entertain such a request. Among appellant’s objectives for requesting a remand was to engage in discovery to determine whether individuals similarly situated to him had been deemed eligible for the cap removal by the Retirement Board. The Retirement Board filed a response arguing, inter alia, that the trial court had no authority under the Local Agency Law to remand this matter.

On September 11, 2003, the trial court granted appellant’s Motion for Remand. The trial court candidly agreed with the Retirement Board’s “assertions that there is no provision in the local agency law authorizing remand to the local agency after the reviewing Court has affirmed the adjudication of the local agency.” Trial ct. order, dated 9/11/2003, at 1 n. 1.

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Bluebook (online)
926 A.2d 424, 592 Pa. 433, 2007 Pa. LEXIS 718, Counsel Stack Legal Research, https://law.counselstack.com/opinion/colville-v-allegheny-county-retirement-board-pa-2007.