Does the Prior Contract End and Is He Party to a New Employment Contract If a Legislator Is Re-Elected ?
In Rybak v. State Employees' Retirement Board, 154 Pa. Commw. 586, 624 A.2d 286 (Pa. Cmwlth. 1993), aff'd, 538 Pa. 476, 649 A.2d 431 (1994), a legislator retired in 1972 and received a Class D-3 annuity under the 1959 Retirement Code.
He was re-elected in 1980 and retired for the second time in 1990.
This time, he received a Class a annuity under the 1974 Retirement Code, which had eliminated Class D-3. the legislator sought another Class D-3 pension, arguing an unconstitutional impairment of his pension contract.
This court stated that, when the legislator was re-elected in 1980, he was party to a new employment contract and that the prior contract had ended. Id.