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Slupe suing retirement board

Butler County Sheriff Michael Slupe is appealing a county retirement board decision that set his pension accrual rate lower than he believes it should be. Associated Press File Photo

Sheriff Mike Slupe is appealing a county retirement board decision that set his pension accrual rate lower than he believes it should be.

In the appeal filed late last month in Common Pleas Court, Slupe contends Butler County Employees’ Retirement System plan members — including elected officers — enter the pension plan at an accrual rate of 1/40th effective Jan. 2, 2004.

The accrual rate equals the percentage of pension earned each year over the course of a career.

Slupe was elected Nov. 3, 2009. On March 25, the last day for candidates to withdraw from the election that year, the retirement board passed a motion to enter all new employees hired as of April 1, 2009, into the retirement system at a 1/60th accrual rate, according to the appeal.

He signed a new retirement system member contribution agreement on Dec. 15, 2009.

The appeal argues the retirement board’s decision to change pension benefits after the last day for candidates to withdraw from an election violates Article III, Section 27 of the Pennsylvania Constitution, which prohibits extending the term of public officers or increasing or decreasing their salary or emoluments after their election or appointment.

Slupe first challenged his 1/60th rate through a letter to the retirement board dated Jan. 24, 2022, in which he asked to be placed in the 1/40th class of retirement system, and the board denied his request in a letter dated Nov. 2, 2023, according to the appeal.

He appealed the denial and demanded a hearing into the matter. An administrative hearing was held in April 2024, and the hearing officer denied the appeal. Slupe appealed that ruling to Common Pleas Court on July 30.

The appeal argues Slupe believed he would be placed in the 1/40th class as his predecessor was, and all elected officials should have been placed in the 1/40th class and employees should remain in the 1/60th class in accordance with the action taken by the retirement board on March 25, 2009.

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