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BOROUGH OF ELLWOOD v. ELLWOOD CITY POLICE

825 A.2d 617 (2003)

BOROUGH OF ELLWOOD CITY, a Municipal Corporation, Appellee, v. ELLWOOD CITY POLICE DEPARTMENT WAGE AND POLICY UNIT, Appellant.

Supreme Court of Pennsylvania.

Decided June 2, 2003.

Attorney(s) appearing for the Case

Sean Thomas Welby, Gary M. Lightman, Harrisburg, for Ellwood City Police Dept. Wage and Policy Unit.

Richard D. Miller, Edward Leymarie, Ellwood City, for Borough of Ellwood City, a Municipal Corp.

Before ZAPPALA, C.J., and CAPPY, CASTILLE, NIGRO, NEWMAN, SAYLOR and EAKIN, JJ.

OPINION

Justice SAYLOR.

In the arena of municipal police pension contributions and funding, we consider an asserted conflict between the terms of a collective bargaining agreement and requirements of the Police Pension Fund and Municipal Pension Plan Funding Standard and Recovery Acts.

In January of 1999, the Borough of Ellwood City (the "Borough") began withholding, via payroll deduction, contributions to the police pension plan from its...

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