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BURELLO v. STATE EMP. RETIRE. SYSTEM

No. 2480 C.D. 1978.

49 Pa.Commw. 364 (1980)

Rocco A. Burello, Petitioner v. Commonwealth of Pennsylvania, State Employes' Retirement System, Respondent.

Commonwealth Court of Pennsylvania.

February 20, 1980.

Attorney(s) appearing for the Case

Irving M. Green, for petitioner.

Allen M. Marshaw, with him, Raymond Kleiman, Susan J. Forney, Norman J. Watkins, Deputy Attorneys General, and Edward G. Biester, Jr., Attorney General, for respondent.

Argued December 4, 1979, before Judges CRUMLISH, JR., MENCER, DiSALLE, CRAIG and MacPHAIL. President Judge BOWMAN and Judges WILKINSON, JR., ROGERS and BLATT did not participate.

OPINION BY JUDGE CRAIG, February 20, 1980:

The question in this case is whether a statute violates constitutional prohibitions against impairment of obligation of contract or bills of attainder where it provides retroactively that pension benefits being received by a retired Commonwealth employee shall be forfeited if the employee is convicted or pleads no defense to a crime related to public office or public employment.

This question has been raised by petition...

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