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PACKLER v. STATE EMPLOYES' RET. BD.

No. 1211 C.D. 1973.

33 Pa.Commw. 452 (1978)

Louis Packler, on behalf of himself and all other retired persons subject to the State Employes' Retirement Code of 1959 as subsequently amended, who were members of the Pennsylvania National Guard prior to September 17, 1940, Plaintiff v. Commonwealth of Pennsylvania, The State Employes' Retirement Board, Defendant.

Commonwealth Court of Pennsylvania.

February 2, 1978.

Attorney(s) appearing for the Case

Patrick H. Mahady, with him Henry J. Mahady, Robert H. Slone, and Mahady & Mahady, for plaintiff.

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

Argued December 6, 1977, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., ROGERS, BLATT and DiSALLE.

OPINION BY JUDGE DiSALLE, February 2, 1978:

Louis Packler (Packler), was a member of the Pennsylvania State Police from 1936 until his retirement in 1973. Packler, prior to commencing his service with the State Police, served four years with the Pennsylvania National Guard. The State Employes' Retirement Board (Board) in calculating Packler's years of service for retirement annuity purposes, did not include his four years of service with the National Guard. Packler...

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