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Hawes v. Public School Employes' Retirement Board

Denial of retirement service credit for the 1981-1982 school year reversed because evidence established that plaintiff negotiated with the school district for employment, provided services that were determined and supervised by the district, and received compensation established and ultimately paid by the district; plaintiff established that, despite the fact that she was not employed on terms identical to those of her co-workers, she nevertheless was an employee of the district.

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Argued: April 2, 2001

Catherine H. Hawes petitions for review of a decision of the Public School Employes’ Retirement Board (Board) that denied her application for retirement service credit for the 1981 – 1982 school year because her salary was not paid by the Wallingford-Swarthmore School District (District). Hawes contends that the Board’s decision is not supported by substantial evidence and is erroneous as a matter of law. The dispositive question in this case is whether Hawes worked for the District during the period in question or for Educational Placement Services, Inc. (EPS), a now-defunct private corporation that provided the District with certified substitute teachers pursuant to a contract dated September 4, 1979.

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