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Richard W. Como v. Pennsylvania Public School Employees' Retirement Board

Paid petition · Commonwealth Court of Pennsylvania, No. 43 CD 2022 · judgment January 6, 2023


Certiorari denied · November 20, 2023
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. Did the Commonwealth Court of Pennsylvania err and did the Pennsylvania Supreme Court err in not granting Allocatur when the Public-School Employees’ Retirement Board forfeited Mr. Como’s entire pension of approximately 44 years, pursuant to 43 P.S. 1312 and 1313, due to his criminal convictions for theft (18 Pa. C.S.A. 3927) that occurred in 2012 and 2013, for which he was convicted in 2018, when he was the Superintendent of the Coatesville Area School District during the years of 2005 through 2013? Should the remainder of Mr. Como’s pension beginning in 1969 through 2005, when he worked at different schools as a coach, teacher, assistant principal, and principal and where there was no misconduct for these 34 years, be given to him since his pension was validly earned and had nothing to do with this misconduct in 2012 and 2013 when he was Superintendent and the Superintendent was a different position since he no longer had civil service protection?

  2. Did the Commonwealth Court and the State Retirement Board err by adopting a contractual analysis indicating that the entire pension should be forfeited when this was extremely excessive and had no relationship to the actual damages?

  3. Did this forfeiture violate the Fourteenth Amendment of the United States Constitution by forfeiting Mr. Como’s pension of 34 years when he was a coach, teacher, assistant principal and principal, when

Counsel of record

For petitioner
Samuel C. Stretton
Law Office of Samuel C. Stretton, Esquire

For respondent
Sean Andrew Kirkpatrick
Office of the Attorney General of the Commonwealth

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Nov 20 2023
    Petition DENIED.
  2. Nov 01 2023
    DISTRIBUTED for Conference of 11/17/2023.
  3. Oct 25 2023
    Waiver of right of respondent PA PSERB to respond filed.
  4. Oct 10 2023
    Petition for a writ of certiorari filed. (Response due November 13, 2023)