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COM. v. OFFICERS AND EMPL. RETIREMENT BD.

501 Pa. 293 (1983)

461 A.2d 593

COMMONWEALTH of Pennsylvania, ex rel. Leroy S. ZIMMERMAN, Attorney General of the Commonwealth of Pennsylvania and John A. Reilly, District Attorney of Delaware County, Pennsylvania, Appellants, v. OFFICERS AND EMPLOYEES RETIREMENT BOARD, Appellee.

Supreme Court of Pennsylvania.

Decided March 31, 1983.

Reargument Granted June 2, 1983.

Attorney(s) appearing for the Case

Robert A. Graci, Rex R. Gary, Asst. Dist. Attys., Susan J. Forney, Deputy Atty. Gen., for appellants.

Christopher F. Gorbey, Media, for appellee.

Before O'BRIEN, C.J., and ROBERTS, NIX, LARSEN, FLAHERTY and McDERMOTT, JJ.

OPINION

NIX, Justice.

The Commonwealth, through its Attorney General and the District Attorney of Delaware County, filed suit in mandamus against appellee, Officers and Employees Retirement Board, to compel it to discontinue payment of retirement benefits to John H. Nacrelli, former Mayor of the City of Chester. Appellants contend that the mandate of the Public Employees Forfeiture Act, Act of July 8, 1978, P.L. 752, No. 140, 43 P.S. §§ 1311-1315...

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