Paupst v. Pennsylvania Municipal Retirement Board

788 A.2d 1067, 2001 Pa. Commw. LEXIS 861
CourtCommonwealth Court of Pennsylvania
DecidedNovember 21, 2001
StatusPublished
Cited by2 cases

This text of 788 A.2d 1067 (Paupst v. Pennsylvania Municipal Retirement Board) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Paupst v. Pennsylvania Municipal Retirement Board, 788 A.2d 1067, 2001 Pa. Commw. LEXIS 861 (Pa. Ct. App. 2001).

Opinion

JIULIANTE, Senior Judge.

William J. Paupst (Paupst) petitions for review from the January 18, 2001 order of the Pennsylvania Municipal Retirement Board (Board) that denied his application for service-connected disability benefits. We are asked to consider whether Paupst, a participating member of the Pennsylvania Municipal Retirement System (PMRS), is entitled to receive disability pension benefits where he is permanently disabled from performing his duties as a police officer but is otherwise capable of gainful employment. We affirm.1

[1068]*1068Plumstead Township (Township) is a second class township located in Bucks County. Pursuant to Section 1 of what is commonly called Act 600, Act of May 29, 1966, P.L. (1965) 1804, as amended, 53 P.S. § 767, the Township passed Ordinance Number 10-16-84 creating a police pension fund in 1984.

On February 20, 1990, the Township hired Paupst as a full-time police officer. (Finding of Fact “F.F.” 3) While Paupst was so employed, the Township Board of Supervisors (Supervisors) and the Township Police Benevolence Association were parties to a collective bargaining agreement (CBA), effective January 1, 1993. (F.F.17, 18) The CBA governed the conditions and terms of Paupst’s employment with the Township, including the conditions and terms of his pension plan. {Id.)

By Ordinance Number 3-16-93A, the Township enrolled in the PMRS under Article IV of the Pennsylvania Municipal Retirement Law (Law)2 in 1993. (F.F. 20; Reproduced Record “R.R.” 57a-63a) In order to enroll in the PMRS, at least seventy-five percent of the Township’s police pension fund members had to indicate that they were in agreement with the transfer of their pensions to the PMRS. (Section 402 of the Law;3 F.F. 21) On March 16, 1993, the Township executed its police pension fund agreement (Agreement) with the PMRS, effective January 1, 1994. (F.F.20, 21)

On January 4, 1994, Paupst slipped and fell on ice during the course of his employment and, as a result, tore his medial and lateral meniscus in his left knee. (F.F.4) Paupst’s filed a claim petition for workers’ compensation benefits and ultimately received a total of $33,441.86 in benefits. (F.F.7)

On January 21, 1997, the Supervisors found that Paupst was injured during the scope and course of his employment when he suffered a permanent injury to his knee. (F.F.5) The Supervisors further concluded that Paupst’s injury left him totally disabled from performing the duties and functions of a police officer and, accordingly, they discharged him. (F.F.6, 8)

Thereafter, Paupst filed an application with the PMRS for a service-connected disability pension. By letter dated July 27, 1998, the PMRS denied Paupst’s application because its examining physician opined that Paupst was capable of gainful employment as of January 21, 1997, the date of his discharge. (F.F.12) Since that time, Paupst has been gainfully employed and earned approximately $40,000.00 per year. (F.F.24)

Paupst appealed the denial of his application to the Board. Upon consideration, the Board adopted the hearing examiner’s findings of fact and conclusions of law as its own. Thus, it concluded that because Paupst was capable of gainful employment, he was not eligible for a disability pension. This appeal followed.

Article IV, Section 403(4) of the Law,4 provides that contracts between a municipality and the PMRS must specifically state the provisions relating to the types and amounts of disability retirement benefits for which a member may become eligible, and the qualifications therefor. In conjunction with Section 403(4), Section 411 of the Law governs disability retirement. Subsection (a) provides that:

[ajfter a member has had the required number of years of total service as stat[1069]*1069ed in the contract, he may, upon application ... be retired by the [B]oard on a disability allowance if he is under superannuation retirement age, and on a superannuation retirement allowance if he has attained or passed such age, if the physician designated by the [BJoard, after medical examination of the member ... shall certify to the [B]oard that the member is unable to engage in any gainful employment and that said member ought to be retired. Where the disability of a member is determined to be service-connected, as defined in this act, no minimum period of service shall be required for eligibility....

53 P.S. § 881.411(a).

Section 6 of the Agreement provides that a member who has more than ten years of credited service may, upon application, be retired on a disability pension if the Board physician certifies that the member is unable to engage in any gainful employment and ought to be retired. (F.F. 22; R.R. 58a) Section 6 further provides that where the disability is determined to be service-connected, no minimum period of service is required for eligibility. (Id.) When read together, the Law and the Agreement provide that a member, with either ten years of service or a service-connected disability, may be eligible for a disability pension where the Board’s physician certifies that the member is unable to engage in any gainful employment and should be retired.

Paupst contends that he is eligible for a service-connected disability because he met the criteria under Section 102 of the Law5 since his disability was found to be work-related and he received workers’ compensation benefits. The term “service-connected disability” is defined as the “total and permanent disability of a member prior to eligibility for superannuation retirement resulting from a condition arising out of and incurred in the course of his employment, and which is compensable under the [Workers’ Compensation Act6] or [The Pennsylvania Occupational Disease Act.7]” Section 102 of the Law.

That term, as it relates to disability retirement pursuant to Section 411 of the Law, is relevant only to the minimum period of service required for eligibility of benefits. Under Section 411, an applicant must undergo a medical examination by a Board-designated physician to determine if the applicant is able to engage in any gainful employment regardless of whether the disability is service-connected. In other words, a service-connected disability does not automatically entitle an applicant to benefits; the decisive factor under Section 411(a) is whether the applicant is unable to engage in any gainful employment.

Thus, we approach the crux of Paupst’s argument: whether the term “disability” should be defined as that which renders him incapable of performing his duties as a police officer, as opposed to that which renders him incapable of any gainful employment. In support of his position, Paupst cites Ridley Park Police v. Borough of Ridley Park, 105 Pa.Cmwlth. 474, 524 A.2d 998 (1987).

In 1985, the Borough of Ridley Park (Borough) and the fraternal order of police (FOP) entered into negotiations for a new CBA and reached an impasse over the definition of “disability” for purposes of pension entitlement. At least since 1976, the CBA provided that a police officer was [1070]

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Bluebook (online)
788 A.2d 1067, 2001 Pa. Commw. LEXIS 861, Counsel Stack Legal Research, https://law.counselstack.com/opinion/paupst-v-pennsylvania-municipal-retirement-board-pacommwct-2001.