Borough of Pottstown v. Pennsylvania Municipal Retirement Board

Supreme Court of Pennsylvania
Borough of Pottstown v. Pennsylvania Municipal Retirement Board, 700 A.2d 1261 (Pa. 1997)
549 Pa. 169; 1997 Pa. LEXIS 2049

Borough of Pottstown v. Pennsylvania Municipal Retirement Board

Opinion of the Court

ORDER

PER CURIAM.

AND NOW, this 30th day of September, 1997 the petition for allowance of appeal is denied and the cross-petition for allowance of appeal is granted limited to the following issues:

I. “Did the Commonwealth Court correctly rule that the “excess interest” policies of the Pennsylvania Municipal Retirement Board are “interpretative rules” that did not have to be promulgated in accordance with the Commonwealth Documents Law?”
II. Assuming, arguendo, the Board’s “excess interest” policies are determined to be “interpretative rules,” did the Commonwealth Court err in upholding them when these rules are, unwise, violated Legislative intent, constitute an unfair and unreasonable penalty, and work an unjust forfeiture?”

Reference

Full Case Name
BOROUGH OF POTTSTOWN and Pottstown Police Pension Fund v. PENNSYLVANIA MUNICIPAL RETIREMENT BOARD a/k/a Pennsylvania Municipal Retirement System of the Commonwealth of Pennsylvania, Appeal of BOROUGH OF POTTSTOWN and Pottstown Police Pension Fund, Cross
Status
Published