United Police Society of Mt. Lebanon v. Mt. Lebanon Commission

104 A.3d 1251, 629 Pa. 252
CourtSupreme Court of Pennsylvania
DecidedNovember 24, 2014
StatusPublished
Cited by2 cases

This text of 104 A.3d 1251 (United Police Society of Mt. Lebanon v. Mt. Lebanon Commission) 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
United Police Society of Mt. Lebanon v. Mt. Lebanon Commission, 104 A.3d 1251, 629 Pa. 252 (Pa. 2014).

Opinions

OPINION

PER CURIAM.

Section 305(a) of the Municipal Pension Plan Funding Standard and Recovery Act (“Act 205”)1 requires a municipality to obtain a complete and accurate cost estimate before the municipality adopts any benefit plan modification so as to have accurate information with respect to the plan’s solvency. 53 P.S. § 895.305. The requirements of Act 205 apply notwithstanding any municipal ordinance, resolution, or agreement to the contrary. 53 P.S. § 895.301(a). At the same time, however, a municipal employer’s unilateral change of a mandatory subject of bargaining, without first negotiating with the union, interferes with the employees’ collective bargaining rights, and thus constitutes an unfair labor practice under the law [1253]*1253known as Act 111.2 Borough of Ellwood City v. Pennsylvania Labor Relations Board, 606 Pa. 356, 998 A.2d 589, 595 (2010) (“Elwood City v. PLRB”).

This case concerns a conflict at the intersection of these two pillars of public labor law, caused here when a municipality submitted to the actuary making the cost study required by Act 205 incomplete and/or inaccurate information (although the municipality disputes this characterization). That information concerned a police pension plan term that the municipality had adopted pursuant to a collective bargaining agreement (“CBA”). Thereafter, the municipality administered the plan term along the lines of the incomplete or inaccurate assessment that resulted from the incomplete or inaccurate information submitted to the actuary, in effect unilaterally modifying both the plan and the CBA. The Commonwealth Court here ultimately determined that because Act 205 has statutory primacy over any CBA, the plan must be administered as understood by the actuary when it made its Act 205 cost study, even if this effectively alters a bargained-for term of the parties. We now reverse and remand.

The Mt. Lebanon Police Officer’s Pension Plan (“Plan”) provides for cost-of-living adjustments (“COLAs”) to augment pension benefits for retirees. As originally agreed to for the Plan years 2000-03 (“2000 Plan”) by the United Police Society of Mt. Lebanon (“Union”) and the Municipality of Mt. Lebanon (“Municipality”), retired plan participants are eligible for yearly COLAs of 2% of the participant’s final average monthly compensation until such time as the participant’s benefits equal 90% of his or her final average monthly compensation. Section 4.09 of the Plan. This provision does not differentiate between regular retiree participants and early retiree participants. Id. In 2004, the COLA was changed for some early retirees, specifically those with fewer than 20 years of service, to reduce the benefit from 2% of the retiree’s final average monthly compensation to 2% of the actual early retirement benefits (“2004 Plan”). However, no adjustment was made in the Plan with respect to the COLA cap of 90% of the participant’s final average monthly compensation for any participant.

In 1999, the Municipality’s Assistant Manager informed the actuary performing the cost estimate for the 2000 Plan that COLA payments to all participants would be capped at 15% in total increases, instead of informing the actuary that COLA payments would be capped at 90% of the participant’s final average monthly compensation as specifically stated in Section 4.09 of the Plan. The Municipality’s Assistant Manager apparently arrived at the 15% amount based on the difference between the base benefit of a regular retiree (75% of the regular retiree’s final average monthly compensation) and the COLA cap of 90% of the retiree’s final average monthly compensation, or 15%. The actuary’s subsequent cost estimate regarding the financial health of the 2000 Plan (and thereafter, the 2004 Plan) was made based on the information provided by the Municipality’s Assistant Manager; that is, the actuary applied a 15% COLA cap for both [1254]*1254regular and early retirees. However, the base benefit of an early retiree’s pension could be as low as 50% of the early retiree’s final average monthly compensation. Moreover, after the 2004 amendments to the Plan, early retirees’ COLA increases were linked not to their final average monthly compensation, but to their actual early retirement benefits.

In accordance with its interpretation of the Plan and the accompanying Act 205 actuarial cost estimate, the Municipality began capping COLA increases for early retirees at no more than 15% above the actual early retirement benefits; in' some cases, this resulted in pension caps well below 90% of the retiree’s final average monthly compensation as specified in Section 4.09 of the Plan. Subsequently, in 2006, the Union, thirteen retired officers, and a number of unspecified, active officers filed a grievance with the Plan Administrator concerning the Municipality’s calculation of the duration of COLA benefits. On January 15, 2007, the Plan Administrator issued a “Notice of Denial” indicating that the claim was not ripe for review for the unspecified, active officers, and was untimely and, therefore, waived for the thirteen retired officers. On March 1, 2007, an appeal of the Notice of Denial was filed with the Mt. Lebanon Commission (“Commission”) as the body designated by the Plan to hear appeals from decisions of the Plan Administrator pursuant to Section 8.08(c) of the Plan. The Commission affirmed the denials.

On appeal, the Allegheny County Court of Common Pleas (“trial court”) concluded that the heart of the dispute was the method of calculating the maximum pension benefit for each officer pursuant to the COLA formula, and for this reason determined that the case was ripe. Accordingly, the trial court remanded the matter to the Commission to correctly calculate the COLA benefits before the court could address issues of timeliness.3

After hearing testimony and argument, the Commission issued a decision on February 8, 2011. The Commission posed the question before it as follows: should an early retiree be “treated the same as a normal retiree; that is, [he or she] should receive a COLA benefit up to a 15% maximum,” or should “an early retiree receive [a] 2% COLA increase per year until the early retiree receives 90% of [his or her] Final Average Monthly Compensation.” Findings and Conclusion of [the Mt. Lebanon] Commission, dated 2/8/11 (“Commission Decision”), at 2, ¶ 7 (emphasis added). The Commission posed the question in this way based on its observation that a regular retiree’s normal benefit is 75% of his or her final average monthly compensation, whereas an early retiree’s benefit could be as low as 50% of his or her final average monthly compensation.4 Using this circumstance as its touchstone, the Commission observed that if both regular and early retirees received COLA increases to up to 90% of their final average monthly compensations, a regular retiree’s COLA increases could constitute no more than 15% of his or her final average monthly compensation, while an early retiree’s [1255]*1255COLA increases could potentially rise to as much as 40% of his or her final average monthly compensation, if that early retiree started at a baseline benefit of 50% of his or her final average monthly compensation. Id. at ¶¶ 4 and 7.

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Bluebook (online)
104 A.3d 1251, 629 Pa. 252, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-police-society-of-mt-lebanon-v-mt-lebanon-commission-pa-2014.