Kirsch v. Public School Employees' Retirement Board

**What Happened** This case involved public school employees in Philadelphia who took approved leave from their regular teaching or staff jobs to work full-time as union officers. While serving in these union positions, they earned higher salaries than their regular school district pay. When it came time to calculate their retirement benefits, these employees wanted their pension to be based on their higher union salaries rather than their lower school district wages. **What the Court Decided** The Pennsylvania Supreme Court ruled against the employees. The court determined that workers on union leave can only receive retirement credit based on what they would have earned if they had stayed in their regular school jobs, not the higher pay they received from the union. The court pointed to a specific section of the state's Retirement Code that limits pension calculations to compensation employees would have received "as if" they had remained actively working for the school district. **Why This Matters for Workers** This decision affects public employees who take leave to work for their unions. Even if union work pays more, those higher wages won't boost retirement benefits. Workers considering union positions should factor this into their decision, as their pension will still be calculated based on their original government salary, potentially resulting in lower retirement income than expected.