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Motion of the Council of Allegheny County authorizing Council’s solicitor to file the pleadings necessary to establish Allegheny County Council as an intervenor in Commonwealth v. Retirement Board of Allegheny County and Allegheny County, GD-24-014536.
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Whereas, on September 3, 2026, the Allegheny County Court of Common Pleas issued an opinion in Commonwealth v. Retirement Board of Allegheny County and Allegheny County, GD-24-014536; and
Whereas, pursuant to that opinion, the Court found that “…the Allegheny County Employees' Retirement Fund must be maintained in an actuarially sound condition under Article XVII of the Second Class County Code.”; and
Whereas, the Court further ruled “that there is currently only one scheme available to fund the retirement system, to wit, the matching contribution scheme. The Court has rejected Plaintiff Zappala's argument that Section 1709 of Article XVII of the Second Class County Code currently imposes any additional financial duties on the County over and above matching the employees' contributions, except in case of a reasonably anticipated default by the retirement system in the County's upcoming fiscal year, and an actual default in the same year.”; and
Whereas, the Court also recognized that “[t]here is absolutely no doubt that it will require a substantial number of years to bring the retirement fund back to actuarial soundness, with perhaps the exception of a bond issue by the County raising the necessary amount of money all at once. It will likely be necessary for the General Assembly and the governor to intervene and give the County additional mechanisms to fund its employees' retirements.”; and
Whereas, pursuant to these findings, the Court ordered that “[t]he Retirement Board of Allegheny County and Allegheny County are both under a statutory duty to fund its Employe's Retirement System so that it always is in an actuarially sound condition, by each party performing its respective duties.”; and
Whereas, the Court declined to order specific additional action by the Retirement Board or the County for a period of one year due to the complexity of resolving the underfunded nature of the County’s retirement plan, but does retain jurisdiction over the case pending remedial action by the County and Board; and
Whereas, as the Court recognized, bringing the County’s retirement fund into actuarial soundness will require a multi-year strategy and is likely to have a significant budgetary impact upon the County, and may entail the appropriation of County revenue for the purpose; and
Whereas, pursuant to the Home Rule Charter of Allegheny County, Article IV, §2(b), it is the power and duty of Council to “[m]ake appropriations, levy taxes, fees and service charges, and incur indebtedness as permitted by law or by this Charter”; and
Whereas, pursuant to the Home Rule Charter of Allegheny County, Article IV, §2(c), it is also the power and duty of Council to “[a]dopt balanced annual operating and capital budgets as provided in Article VII”; and
Whereas, it is accordingly the judgment of Council that actions reasonably likely to be necessary in order to remedy the pension plan underfunding will require Council’s participation, and that Council therefore should be present for all future proceedings (including but not limited to hearings and status conferences) at GD-24-014536;
It is therefore hereby moved by the Council of Allegheny County, that the Council’s solicitor shall be authorized to file any pleading(s) necessary to establish Allegheny County Council as an intervenor in Commonwealth v. Retirement Board of Allegheny County and Allegheny County, GD-24-014536.