80 Pa. Commw. 608 | Pa. Commw. Ct. | 1984
Opinion By
The petitioners and respondents
Order
Upon consideration of the cross-motions for summary judgment of petitioners .and respondents, the petitioners ’ motion for summary judgment is granted and the respondents’ motion for .summary judgment is denied. Further, IT IS ORDERED that:
(1) Respondents, jointly and severally, together with their agents and .representatives, .a/re hereby permanently enjoined from collecting pension contributions from employees who were members of the Public School Employes’ Retirement System prior to the enactment of Act 31 of 1983, in excess of the five and one-quarter (5 1/4%) percent basic contribution rate; and
Petitioners have discontinued their action with respect to the School Districts of Philadelphia, Pittsburgh and Scranton.
Petitioners in this case were all members of the Public School Employes’ Retirement System at the time of the enactment of Act 31.
The pertinent part of Section 2 reads as follows:
“Basic contribution rate.” The .rate of [5 1/4% except for an active member of Class T-A or T-B, the appropriate rate based on sex and .age ait entry into the system] 6 1/4%.
24 Pa. C. S. §8101.
The Commonwealth is also ordered to return any accrued interest at the rate of four (4%) percent as set in Section 8102 of the Public School Employes’ Retirement Code, 24 Pa. C. S. §8102.