421 Pa. 240 | Pa. | 1966
Lead Opinion
Opinion by
Six retired police officers of the City of Johnstown, including appellee, instituted an action in equity against the Johnstown Police Pension Fund Association (appellant) seeking, in addition to their retirement pay based on one-half of their earnings at retirement, certain service increments in accordance with the Third Class City Police Pension Fund Law, Act of June 23, 1931, P. L. 932, §4303, as amended January 18, 1952, P. L. (1951) 2105, §1, 53 P.S. §39303. Appellant named the City of Johnstown as additional defendant. The chancellor ordered that appellant and additional defendant pay to each plaintiff the amounts owing on service increments. The chancellor further ordered
Appellee became a member of the Johnstown Police Force on May 18, 1927, and although below fifty years of age, became eligible for retirement on May 18, 1947, under the law then in force. He retired on January 7, 1952, earning $815 per month. On January 1, 1956 he was rehired by the police department, where he remained until his second retirement on March 15, 1959, at which time he was earning $391 per month. During the period of his first retirement (1952 through 1955), appellee received retirement pay of $157.50 per month.
During the 1951 session, the General Assembly approved an amendment to the Third Class City Police Pension Fund Law, providing in relevant part for an increment in pay for each police officer pensioned after having served the minimum number of years required for retirement allowance eligibility. The increment amounts to one-fortieth of the retirement allowance for each year the contributor has served beyond the minimum for retirement. The bill provided that it should become effective January 1, 1952. On January 18, 1952 the act was signed by the Governor of the Commonwealth.
Appellant contends that the amendment did not become effective until January 18, 1952 and that appellee, having retired prior to that date, is ineligible to receive benefits thereunder. Appellant is partially correct. The Statutory Construction Act, Act of May 28, 1937, P. L. 1019, §4, as amended, 46 P.S. §504 sets forth the effective dates of acts of the legislature. Appellant argues that the amendatory act affects the budget of the City of Johnstown and, accordingly, the
From the foregoing discussion it would seem that we should modify the award to appellee in accordance with this opinion. There are, however, two insurmountable barriers. Appellant argues that the court below erred in awarding to appellee additional pension benefits other than service increments. Appellee’s complaint in equity seeks relief solely for increment benefits. There is no prayer in the complaint for any further general relief. The pleadings do not suggest that his monthly pension of $157.50 is inadequate or that he is seeking any amount in excess of that retirement allowance, which represents one-half of his monthly salary as of Ms first retirement on January 7, 1952. As much as appellee may be entitled to more, as the pleadings presently read, he cannot be awarded any amount in excess of service increment benefits. It is the policy of our courts that: “ ‘A complainant can be afforded such relief only as he is entitled to under the
“Laws affecting the budget of any political subdivision, enacted finally at a regular session of the Legislature, shall be in full force and effect at the beginning of the fiscal year of the political subdivisions affeeted following the date of the final enactment of such law unless a different date is specified in the law itself, or if enacted finally after the beginning of such fiscal year, or after the date specified in the law, the same shall become effective immediately upon final enactment.”
Section 4 was amended by the Act of May 27, 1953, P. L. 240, §1, 46 P.S. §504 (1965 p.p.), the relevant portion of which provides: “Laws affecting the budget of any political subdivision, enacted finally at a regular session of the Legislature, shall be in full force and effect at the beginning of the fiscal year of the political subdivisions affeeted following the date of the final enactment of such law unless a different date is specified in the law itself.” Under its present provisions, the effective date of the amendatory act would be January 1, 1952. However, the amendment to the Statutory Construction Act is not apposite because pursuant to §56 of that act, 46 P.S. §556, “No law shall be construed to be retroactive unless clearly and manifestly so intended by the Legislature.”
This portion of §4 was also amended by the Act of May 27, 1953, supra n.2, and currently reads: “All laws hereafter enacted finally at a regular session of the Legislature, except laws making appropriations, and except laws affecting the budget of any political subdivision, shall be in full force and effect from and after the first day of September next following their final enactment, unless a different date is specified in the law itself, or if enacted finally after the first day of July of the year of the regular session, or after the date specified in the law, the same shall become effective sixty days after final enactment.”
That section of the Constitution was amended November 8, 1955 so as not to prohibit a bill increasing the retirement allowance of members of a retirement system for public employees.
Dissenting Opinion
Dissenting Opinion by
I dissent. Once the majority concludes, as it properly does, that the court below correctly determined that appellee was entitled to receive both retirement and service increments for the disputed period, there is no justifiable reason for vacating the decree entered below and remanding for referral to the law court. This Court should modify the decree to conform the amount awarded to the sum due appellee when calculated on the basis of his salary at the time of his second retirement and, with this modification, affirm.
Mr. Justice Jones joins in this dissenting opinion.