Is An Amendment Made on the Day of the Fire Fighter's Retirement for Payment of Service Increment Applicable to Them ?
In McVay v. City of Washington, 129 Pa. Commw. 533, 566 A.2d 367 (Pa. Cmwlth. 1989), former firefighters who retired on January 1, 1980, were receiving benefits to which they were entitled to as of their respective retirements.
On the day of their retirement, the Code was amended to allow for the payment of a service increment with respect to new members of the fire department and those who were employed subsequent to the date of the amendment.
The former firefighters filed an action in mandamus seeking to compel the payment of service increments based upon a willingness to make additional contributions for each month of employment that preceded their retirements.
This court stated:
Because the Code contains no provision for the retroactive inclusion in service increment benefits, and because the retirees do not qualify under Section 4322(b) of the Code to receive service increments, we hold that the court of common pleas committed no error or abuse of discretion. Id. 566 A.2d at 369.