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  5. 38 Pa.Commw. 101 (1978)
 

KELLAMS ET AL. v. PUB. SCH. EMP. RET. BD.

No. 338 C.D. 1976.

38 Pa.Commw. 101 (1978)

Fred L. Kellams et al., Plaintiffs v. Public School Employes' Retirement Board, Defendant.

Commonwealth Court of Pennsylvania.

October 12, 1978.

Attorney(s) appearing for the Case

John Melvin Jones, for plaintiffs.

Raymond Kleiman, Deputy Attorney General, with him Robert P. Kane, Attorney General, for defendant.

Argued September 12, 1978, before President Judge BOWMAN and Judges WILKINSON, JR., MENCER, ROGERS, BLATT, DiSALLE and MacPHAIL. Judges CRUMLISH, JR. and CRAIG did not participate.

OPINION BY JUDGE WILKINSON, JR., October 12, 1978:

This matter is before us on cross motions for Declaratory Judgment. As we see it there are three questions to be answered.

1. Does the Public School Employes' Retirement Code of 1959 (Code), Act of June 1, 1959, P.L. 350, as amended, 24 P.S. § 3101 et seq., authorize the calculation and payment of benefits based on the salary earned out-of-state in that component of the benefit formula known as...

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