History
  • No items yet
midpage
Vodde v. Retirement Board
33 Pa. Commw. 342
Pa. Commw. Ct.
1978
Check Treatment

Opinion by

Judge Blatt,

The Retirement Board of Allegheny County (Board) has appealed from an order of the Court of Common Pleas of Allegheny County which held that Court Stenographers’ transcript fees were to be included as “compensation” for retirement benefits determination.

The Appellees, William F. Vodde, Mario M. Dentino, Richard E. Powers, Ralph E. Shuster, Robert E. Kennelly, John O. Ingles, Theodore J. Babin, Hymen Morwitz and Jack Zinaman instituted and consolidated actions in mandamus to compel the Board to include county transcript and folio fees in computing their contributions to the county retirement fund.

*344The Employes’ Retirement System Act provides that :

The retirement allowance paid under the provisions of this article shall equal fifty per centum of the amount which would constitute the average monthly compensation as received by the county employe. . . .

Act of July 28, 1953, P.L. 723, as amended, 16 P.S. §4712(a).

Appellees argue and the lower court held that “average monthly compensation” includes both court stenographer’s salary and transcript folio fees as decided by the Supreme Court in Rockwell v. York County Retirement Board, 405 Pa. 406, 175 A.2d 831 (1961). This Court recently followed Rockwell, supra, and held that the term “compensation” does include fees as well as court stenographer’s salary and we, therefore, affirm the decision of the lower court. See Joseph H. Newhouse v. Board of Pensions and Retirement of the City of Philadelphia, 33 Pa. Commonwealth Ct. 81, A.2d (1977).

Order

And Now, this 24th day of January, 1978, the order of the Court of Common Pleas of Allegheny County in the above-captioned matter is affirmed.

Case Details

Case Name: Vodde v. Retirement Board
Court Name: Commonwealth Court of Pennsylvania
Date Published: Jan 24, 1978
Citation: 33 Pa. Commw. 342
Docket Number: Appeals, Nos. 9, 10 and 11 C.D. 1977
Court Abbreviation: Pa. Commw. Ct.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.