Retirement Benefit Calculation • Exclusion of Pay for On-Call Services • Lack of Notice of Exclusion • “Engaged in Actual Work” for Commonwealth

Czarnecki v. State Emps.’ Ret. Bd., PICS Case No. 16-0859 (Pa. Commw. July 6, 2016) Simpson, J. (17 pages).

Contractually-owed pay for on-call services were to be included in a state employee’s compensation for retirement benefit calculation where the pay was received as compensation for being a state employee and did not explicitly fall into any of the statutory exclusions. Order of the state employees’ retirement board reversed, case remanded for recalculation of benefits.