Zemprelli v. State Employees' Retirement Board

680 A.2d 919, 1996 Pa. Commw. LEXIS 323
CourtCommonwealth Court of Pennsylvania
DecidedJuly 22, 1996
StatusPublished
Cited by3 cases

This text of 680 A.2d 919 (Zemprelli v. State Employees' 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
Zemprelli v. State Employees' Retirement Board, 680 A.2d 919, 1996 Pa. Commw. LEXIS 323 (Pa. Ct. App. 1996).

Opinion

SMITH, Judge.

Edward P. Zemprelli (Zemprelli) appeals from the order of the State Employees’ Retirement Board (Retirement Board) denying his request to have his annuity benefits computed without the general limitation imposed by Section 5702(c) of the State Employees’ Retirement Code (Code).1 The question presented on review is whether members of the Legislative Reapportionment Commission are constitutional officers for purposes of the Code.

Zemprelli was elected to the Pennsylvania House of Representatives in 1963 and served there until 1968. Zemprelli also served as a State Senator from 1969 to 1988. In 1979, Zemprelli was elected majority leader of the State Senate, and pursuant to Article II, § 17(a) and (b) of the Pennsylvania Constitútion,2 he served as a member of the Legislative Reapportionment Commission in 1980. Zemprelli retired from the State Senate in November 1988. Thereafter, the State Employees’ Retirement System (SERS), apply[921]*921ing Section 5702(e), determined that the amount of Zemprelli’s annuity benefits could not exceed the highest compensation received by Zemprelli during any period of twelve consecutive months of credited service.

In 1994, Zemprelli appealed SERS’s determination to the Retirement Board. Specifically, Zemprelli argued that his service on the Legislative Reapportionment Commission in 1980 made him a constitutional officer and thus exempt from the annuity limitation set forth in Section 5702(c) of the Code. After reviewing the statute, the legislative history and the relevant ease law, the Retirement Board concluded that Zemprelli’s service on the Commission did not make him a constitutional officer. In fact, the Retirement Board concluded that only the President Pro Tem-pore of the Senate and the Speaker of the House are constitutional officers for purposes of the statute. Thus the Retirement Board concluded that SERS properly used the annuity limitation when it calculated Zemprel-li’s benefits. This appeal followed.3

On appeal, Zemprelli contends that the Board erred in interpreting the term constitutional officer as it is used in Section 5702(c). Because this particular provision of the Code has not been previously interpreted by the courts, this Court will apply the ordinary rules of statutory construction to interpret the relevant provisions.

When interpreting the meaning of statutory language, this court’s first inquiry is to ascertain the primary purpose of the statute in question.... Where the words of a statute are not explicit or unclear, then and only then, may a court embark upon the task of ascertaining the intent of the General Assembly by reviewing the necessity of the statute, the object to be obtained, circumstances under which the statute was enacted and the mischief to be remedied and other considerations guiding judicial review of statutes in the attempt to identify the legislative intent.

Flaherty v. Pittsburgh School District, 660 A.2d 218, 222 (Pa.Cmwlth.1995) (citations omitted). Initially, however, this Court emphasizes that the interpretation given to a statute by the agency charged with its application is entitled to great weight and should be disregarded or overturned only if such construction is clearly erroneous. Quinn v. Commonwealth of Pennsylvania, Department of State, Bureau of Professional and Occupational Affairs, 168 Pa.Cmwlth. 447, 650 A.2d 1182 (1994), appeal denied, 541 Pa. 646, 663 A.2d 697 (1995).

In determining who is a constitutional officer for the purposes of Section 5702(c), the Retirement Board looked to the language and plain meaning of the statute. The language of Section 5702(c) indicates that the Legislature intended to exempt certain members of the General Assembly from the annuity limitations; this exemption, however, is limited to constitutional officers. Although Article II of the Pennsylvania Constitution does not define constitutional officers, the Supreme Court has previously defined a constitutional officer as “the incumbent of an office expressly recognized in the Constitution.” Specter v. Martin, 426 Pa. 102, 232 A.2d 729 (1967). Zemprelli argues that because the Legislative Reapportionment Commission is a body recognized in Article II, § 17 of the Constitution, the members of the Commission are constitutional officers.

After reviewing Article II of the Pennsylvania Constitution, the Retirement Board concluded that the President Pro Tempore of the Senate and the Speaker of the House are the only constitutional officers contemplated by Section 5702(c). Article II, § 9 of the Pennsylvania Constitution provides:

The Senate shall, at the beginning and close of each regular session and at such other times as may be necessary, elect one of its members President pro tempore, who shall perform the duties of the Lieutenant Governor, in any case of absence or disability of that officer, and whenever the said office of Lieutenant Governor shall be [922]*922vacant. The House of Representatives shall elect one of its members as Speaker. Each House shall choose its other officers, and shall judge of the election and qualifications of its members.

This section provides that officers are to be chosen by each House and requires the election of only two officers — the President Pro Tempore of the Senate and the Speaker of the House. This section neither refers to nor requires the election of any other officers. Members of the Legislative Reapportionment Commission are not chosen by each House but are designated as members of the Commission pursuant to Article II, § 17. This Court therefore agrees with the Retirement Board’s interpretation that the President Pro Tempore and the Speaker of the House are the only constitutional officers contemplated by Section § 5702(c) of the Code.4

The Retirement Board emphasized that the General Assembly is expressly recognized in the Constitution and noted that if it were to adopt Zemprelli’s broad definition of a constitutional officer all members of the General Assembly would be constitutional officers and exempt from the annuity limitation as well. Zemprelli served on the Legislative Reapportionment Commission by virtue of his position as majority leader, and, as such, he is not entitled to the exemption claimed. Because Zemprelli’s interpretation is inconsistent with the Legislature’s clear intention to restrict exemption to the annuity limitation to select members of the General Assembly, the Retirement Board properly rejected Zemprelli’s contention.

The Retirement Board’s interpretation of the term constitutional officer is supported further by the legislative history of Section 5702(c). Because the Legislative Reapportionment Commission was not created until 1968, after the constitutional officer exemption to the annuity limitation had been enacted in 1965, the original definition of a constitutional officer could not have included members of the Commission.

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680 A.2d 919, 1996 Pa. Commw. LEXIS 323, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zemprelli-v-state-employees-retirement-board-pacommwct-1996.