The pension credits of the current and former Allentown teachers' union presidents have been revoked amid a lawsuit challenging the practice of releasing union leaders from teaching duties.
Debra Tretter, president of the Allentown Education Association teachers union, speaks to the school board in January 2012.
The Public School Employees' Retirement System rescinded them at the end of April. Allentown Education Association President Debra Tretter and former president Melvin Riddick are appealing the loss of credits, which are key to determining their total retirement benefits.
The appeals were revealed in a late June legal filing by PSERS, in response to a lawsuit brought in February by the Fairness Center on behalf of former school board member Scott Armstrong and city resident Steven Ramos.
The lawsuit in Pennsylvania Commonwealth Court challenges the school district's practice of continuing to pay the salary and benefits of the union president while they work full-time for the union.
It seeks to end the full-time release provisions in teachers' contracts, and asks the union to reimburse the district and state, with interest, the cost of salary, benefits and pensions credits provided to the union president.
The suit names PSERS as a defendant, which is why attorney Jennifer Mills filed the brief asking the court to deny the case. Mills argues that the retirement system agrees teachers on full release are not entitled to pension credits. That's why the system has already revoked them.
"PSERS determined that Ms. Tretter and Mr. Riddick were not entitled to receive retirement credit while on 'full release time,'" Mills writes, noting the teacher appeals must be resolved by the system's board. "Consequently, petitioners' assertion that PSERS is pledging the credit of the Commonwealth is incorrect."
PSERS found that more than $1 million in pay for Tretter, whose been president since 2009, and Riddick does not qualify for retirement credit, according to appeals filed by them. About $76,891 of member contributions have been returned to the district.
"We are pleased that PSERS is poised to return the money that rightfully belongs to the district and to taxpayers," Karin Sweigart, assistant general counsel of the Fairness Center, said. "Common sense says employees of a private organization should not be eligible for a taxpayer funded salary, benefits, and retirement credit."
Tretter has been a public school employee for about 25 years and is nearing retirement, her appeal notes. She's planned her retirement based on those credits, her appeal states.
Riddick has worked for the district for almost 30 years and was president from 2001-09. He's also nearing retirement and planned it based upon all of his credits.
Losing six years and eight years of pension credits, causes Tretter and Riddick "significant undue hardship," the appeal says. It also argues that PSERS gave no rationale when it notified Tretter and Riddick of its decision.
If their wages were improperly reported to the state, that is the fault of the Allentown School District, not Tretter, the appeal states.
PSERS also has requested information on union presidents since 1992 to determine if other pension credits were illegally awarded, Mills' brief states.
Pennsylvania State Education Association spokesman Wythe Keever did not respond to an e-mail message seeking comment.
Sara K. Satullo may be reached at ssatullo@lehighvalleylive.com.com. Follow her on Twitter @sarasatullo and on Facebook.. Find lehighvalleylive.com on Facebook.