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Trakes v. Public School Employes' Retirement System

22 Pa. Code ' 211.2 (regulation ' 211.2), issued pursuant to the Retirement Code, does not provides active member status in the Pennsylvania Public School Employees' Retirement System to public school employees that are off work while receiving workers' compensation benefits, because public school employees who are not receiving compensation for actual work performance cannot be classified as active members.

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ARGUED: April 10, 2000

Francis M. Trakes (Trakes), Gertrude Zebraski (Zebraski), Phyllis M. Strawn (Strawn), and Earl M. Stidard (Stidard), (collectively, Claimants) appeal from an order of the Pennsylvania Public School Employes’ Retirement Board (Board) denying their respective applications for disability annuity benefits pursuant to � 8307 of the Public School Employee’s Retirement Code (Retirement Code). 24 Pa.C.S. � 8307. Given that Claimants in the above captioned matters raise a common issue, this Court consolidated these appeals by order dated September 20, 1999 for collective disposition. The mutual question presented by Claimants is whether 22 Pa. Code � 211.2 (regulation � 211.2), issued pursuant to the Retirement Code, provides active member status in the Pennsylvania Public School Employes’ Retirement System (PSERS) to public school employees that are off work while receiving workers’ compensation benefits. For the reasons set forth herein, we affirm.

In the interests of clarity, we shall first review the facts relevant to each Claimant followed by a review of the relevant provisions of the Retirement Code and discussion of the common issue pertaining to regulation � 211.2. Thereafter, we shall address the additional arguments presented by each Claimant.

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