“On-call” service is included in the calculation of retirement benefits for Pennsylvania state employees, the Commonwealth Court has ruled.
A unanimous en banc panel ruled July 6 in Czarnecki v. State Employees’ Retirement Board that there was no reason to exclude Thomas R. Czarnecki’s time spent on-call from retirement-covered compensation used to determine his final average salary for pension purposes, reversing the decision of the State Employees’ Retirement System. The court found that the set amount of pay under a collective bargaining agreement, the state’s lack of discretion in providing the pay, and the regular, contractually required payment for on-call services all weighed in favor of including on-call pay as retirement-covered compensation.
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