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KLEIN v. EMPLOYEES' RETIREMENT SYS.

521 Pa. 330 (1989)

555 A.2d 1216

Richard B. KLEIN, Appellant, v. COMMONWEALTH of Pennsylvania, STATE EMPLOYEES' RETIREMENT SYSTEM, Appellee. Francis J. CATANIA, et al., v. COMMONWEALTH of Pennsylvania, STATE EMPLOYEES' RETIREMENT BOARD and Robert L. Cusma, in his capacity as Secretary of the State Employees' Retirement System and R. Budd Dwyer, in his capacity as Treasurer of the Commonwealth of Pennsylvania. Appeal of Richard B. KLEIN.

Supreme Court of Pennsylvania.

Decided March 3, 1989.

Reargument Granted May 9, 1989.

Attorney(s) appearing for the Case

Henry T. Reath, Judith N. Renzulli, for appellant.

Richard B. Klein, pro se.

LeRoy S. Zimmerman, Atty. Gen., Susan J. Forney, John G. Knorr, III, Senior Deputy Attys. Gen., Andrew S. Gordon, Chief Deputy Atty. Gen., for appellee.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, ZAPPALA, PAPADAKOS and STOUT, JJ.

OPINION ANNOUNCING THE JUDGMENT OF THE COURT*

LARSEN, Justice.

Although it arises from complex legislation and protracted litigation, the principal issue raised in this appeal is really quite simple: may the legislature compensate judges of the same class/level of court (in this case, at the Common Pleas bench) who perform the same functions and duties at different rates of compensation based solely on the dates on which they...

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