KELLEY v. STATE EMPLOYEES' RETIREMENT BOARD, 127 MAL 2006 (Pa. 11-27-2006)

JAMES R. KELLEY, Respondent v. STATE EMPLOYEES’ RETIREMENT BOARD, Respondent. JAMES R. KELLEY, Petitioner v. STATE EMPLOYEES’ RETIREMENT BOARD, Petitioner.

Nos. 127 MAL 2006, 128 MAL 2006.Supreme Court of Pennsylvania, Middle District.
November 27, 2006.

Petition for Allowance of Appeal from the Order of the Commonwealth Court.

ORDER
PER CURIAM

AND NOW, this 27th day of November 2006, we GRANT the Petition for Allowance of Appeal and the Cross-Petition for Allowance of Appeal. We further instruct the parties to brief the following additional issue:

Was the request by Judge Kelley to convert his Class A service to Class D-4 service timely pursuant to Section 5306.2(a) of the Retirement Code?

Justice Saylor did not participate in the consideration or decision of this matter.