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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
Whe...
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