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HOERNER v. COM., PSERB

546 Pa. 215 (1996)

684 A.2d 112

Henry R. HOERNER, Jr., Appellee, v. COMMONWEALTH of Pennsylvania, PUBLIC SCHOOL EMPLOYEES' RETIREMENT BOARD, Appellant.

Supreme Court of Pennsylvania.

Decided October 31, 1996.

Attorney(s) appearing for the Case

Kathleen Bertolette, Harrisburg, for Public School.

Richard C. Snelbaker, Mechanicsburg, for Henry Hoerner.

Before FLAHERTY, ZAPPALA, CAPPY, CASTILLE and NIGRO, JJ.

OPINION OF THE COURT

CASTILLE, Justice.

The issues before this Court are (1) whether increases in a party's salary during his last year of employment pursuant to negotiated termination agreements constitute "severance payments" which are excludable from "compensation" for purposes of computing the party's "final average salary" under the Public School Employes' Retirement Code ("Retirement Code"), 24 Pa.C.S. § 8101 et seq., and (2) whether...

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