DeLellis v. Borough of Verona

660 A.2d 25, 541 Pa. 3, 1995 Pa. LEXIS 443
CourtSupreme Court of Pennsylvania
DecidedJune 20, 1995
StatusPublished
Cited by17 cases

This text of 660 A.2d 25 (DeLellis v. Borough of Verona) 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
DeLellis v. Borough of Verona, 660 A.2d 25, 541 Pa. 3, 1995 Pa. LEXIS 443 (Pa. 1995).

Opinions

OPINION OF THE COURT

CASTILLE, Justice.

The sole issue raised in this appeal is whether subsection (ii) of Section 771 of the Police Pension Act (the “Act”)1 authorizes a municipal police pension fund to reduce a 65-year-old retired police officer’s pension benefits to 75% of his primary [7]*7social security benefits where the retiree has retired from the police force but has elected to continue working for another employer. For the reasons set forth below, we find that the Act does not permit such a reduction and, on that basis, we reverse the ruling of the Commonwealth Court.

When appellant turned age 62, he retired from the Borough of Verona’s police force and began receiving pension benefits he was due under the retirement plan administered by the Borough of Verona Pension Fund (the “Fund”). However, despite his early retirement from the police force, appellant continued to work as a private-duty security guard, thereby making him ineligible to receive federal social security benefits until he reached age 70, at which age he would receive full social security benefits without regard to his employment status. See 42 U.S.C. § 403(f)(3).2 Had appellant chosen to retire altogether at age 65, he would have been eligible to receive full social security benefits at that time. See 42 U.S.C. § 403(b).3

When appellant reached age 65 in 1989, the Fund reduced appellant’s pension benefit by $274.50 per month in purported accordance with clause (ii) of Section 771 of the Act, which provides in pertinent part that a police retiree’s pension benefits shall include, inter alia,:

if positions covered by the fund are included in an agreement under the Federal Social Security Act, up to seventy-five per centum of his full social security old-age insurance benefit calculated in accordance with the provisions of the [8]*8Federal Social Security Act in effect on the date of his termination of employment, except that such amount shall be included, only upon attainment of the aye at which the officer would be eligible to receive full social security old-aye insurance benefits and in determining such eligibility and such amount only compensation for services actually rendered by the officer and covered by the police pension fund shall be included ...

53 P.S. § 771 (emphasis added).

The Fund interpreted this section to mean that as long as appellant could receive social security benefits (i.e., by electing not to work beyond age 65), his pension benefits could be reduced to 75% of what his social security benefits would be were he receiving them.

Also in 1989, the Auditor General of Pennsylvania conducted an audit of the Fund and determined that with regard to the Fund’s reduction of appellant’s benefits, the Fund had misinterpreted the Act and erroneously reduced appellant’s pension benefits. The Auditor General recommended that the Fund reinstate appellant’s full pension benefits both on a prospective and on a retrospective basis. The Fund, however, refused to follow the Auditor General’s recommendation and continued to pay pension benefits at the reduced rate.

Appellant then filed a complaint in the Allegheny County Court of Common Pleas alleging that appellees had improperly reduced his pension benefits. Appellant sought reimbursement of the $274.50 monthly reduction of his monthly pension benefits since May 5, 1989. After appellees filed a timely answer and new matter, they then filed a Motion for Summary Judgment asserting that the deduction in appellant’s pension was proper and in accordance with the plain language of Section 771 of the Act. The trial court denied appellees’ motion.

Thereafter, appellant filed a motion for judgment on the pleadings which the trial court granted. In considering whether appellant was “eligible” to receive social security old-age insurance benefits so as to enable the Fund to reduce his [9]*9police pension benefits to 75% of his social security benefits, the trial court first found that the term “eligible” as used in the Act was ambiguous since it could mean either “technical eligibility” or “selective eligibility.”4 Accordingly, the trial court turned to an analysis of the legislative intent and purpose underlying the statute, which it determined was to prevent a retired police officer from receiving duplicate retirement benefits (i.e., pension benefits and social security benefits) attributable to the same employment. In accordance with its determination of legislative intent, the trial court found that the term “eligible” meant “technical eligibility” and not “selective eligibility.” Accordingly, since appellant was not technically eligible for social security benefits until age 70 because he continued to work, the trial court found that the Fund improperly reduced appellant’s pension payments under Section 771 to 75% of what his social security payments would be were he receiving such payments.

In a 2-1 decision, the Commonwealth Court reversed the order of the trial court, finding that the language of Section 771 was clear and unambiguous that a municipal pension fund could reduce a retiree’s pension benefit to 75% of his putative social security benefits under these circumstances, and that, therefore, the trial court exceeded its authority in looking beyond the language of the statute and determining the legislative purpose underlying Section 771 of the Act.5 The majority construed Section 771 to mean that as long as a retired officer could receive social security benefits had he chosen to retire altogether, a municipal pension fund could [10]*10permissibly reduce such officer’s pension benefits in accordance with the Act.6 Appellant argues that because he continued to work, he was not eligible under federal law to receive social security benefits and that, therefore, the Fund improperly reduced his pension benefits when he turned 65.

Our determination of whether or not appellant’s pension benefits legitimately could have been reduced depends upon the meaning of the phrase “eligible to receive” as it is used in this portion of the Act. When reviewing a statute, the interpretive principles set forth by the Statutory Construction Act guide this Court’s analysis. See 1 Pa.C.S. § 1501 et seq.

In interpreting any statute, the legislative intent behind the enactment of the statute controls its ultimate meaning and application. 1 Pa.C.S. § 1921(a); Frontini v. Commonwealth, Department of Transportation, 527 Pa. 448, 451, 593 A.2d 410, 411-412 (1991). Where statutory words or phrases at issue are undefined by the statute, as in the instant case,7 this Court is required to construe the words according to their plain meaning and common usage. 1 Pa.C.S. § 1903(a); Barasch v. Pennsylvania Public Utility Commission, 507 Pa. 430, 439, 490 A.2d 806, 810 (1985).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

J. Coleman v. Parkland S.D.
Commonwealth Court of Pennsylvania, 2023
In Re: Estate of Lloyd, R. Appeal of: Wentworth
Superior Court of Pennsylvania, 2016
Board of Revision of Taxes, City of Philadelphia v. City of Philadelphia
4 A.3d 610 (Supreme Court of Pennsylvania, 2010)
Wachs v. Workers' Compensation Appeal Board
884 A.2d 858 (Supreme Court of Pennsylvania, 2005)
AMP Inc. v. Commonwealth
852 A.2d 1161 (Supreme Court of Pennsylvania, 2004)
Bremerton Public Safety Ass'n v. City of Bremerton
15 P.3d 688 (Court of Appeals of Washington, 2001)
Lehman v. Central Dauphin School District
53 Pa. D. & C.4th 255 (Dauphin County Court of Common Pleas, 2000)
LTV Steel Co. v. Workers' Compensation Appeal Board
754 A.2d 666 (Supreme Court of Pennsylvania, 2000)
McClellan v. Health Maintenace Organization
686 A.2d 801 (Supreme Court of Pennsylvania, 1996)
Com. School Emp. Ret. v. Penn. Sch. Bds.
682 A.2d 291 (Supreme Court of Pennsylvania, 1996)
Curran v. Curran
667 A.2d 1155 (Superior Court of Pennsylvania, 1995)
DeLellis v. Borough of Verona
660 A.2d 25 (Supreme Court of Pennsylvania, 1995)

Cite This Page — Counsel Stack

Bluebook (online)
660 A.2d 25, 541 Pa. 3, 1995 Pa. LEXIS 443, Counsel Stack Legal Research, https://law.counselstack.com/opinion/delellis-v-borough-of-verona-pa-1995.