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SIMMONDS v. STATE EMPLOYEES' RET. SYSTEM

548 Pa. 219 (1997)

696 A.2d 801

Mary A. SIMMONDS v. STATE EMPLOYEES' RETIREMENT SYSTEM, the Pennsylvania State University, Intervenor. Appeal of PA STATE UNIVERSITY, Intervenor. Mary A. SIMMONDS, Appellee v. STATE EMPLOYEES' RETIREMENT SYSTEM, the Pennsylvania State University, Intervenor. Appeal of STATE EMPLOYES' RETIREMENT BOARD.

Supreme Court of Pennsylvania.

Decided June 19, 1997.

Attorney(s) appearing for the Case

Delbert J. McQuaide and Janine C. Gismondi, State College, for PSU-Intervenor.

Richard W. Stewart, Lemoyne, for Mary A. Simmonds.

Harold E. Dunbar, Kathleen B. Bertolette, and Nicholas J. Marcucci, Harrisburg, for SERB.

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

OPINION

ZAPPALA, Justice.

This appeal presents the issue of whether an individual enrolled in a residency program in a state university medical center is a "state employee" for purposes of receiving service credit pursuant to the State Employees' Retirement Code (Code), 71 Pa.C.S. § 5101, et seq. For the reasons set forth herein, we hold that medical residents are not state employees and are therefore ineligible to purchase state credit for time...

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