Kirsch v. Public School Employees' Retirement Board

**What Happened** A group of teachers took approved leave from the Philadelphia School District to work for their union. While on union leave, they received higher pay from the union than their regular teaching salaries. When it came time to calculate their retirement benefits, these teachers argued that their benefits should be based on the higher union wages they earned during their leave, not their lower school district salaries. **What the Court Decided** The Pennsylvania Commonwealth Court sided with the Public School Employees' Retirement Board. The court ruled that teachers' retirement benefits must be calculated using their standard school district salary, even if they earned more money while working for the union during approved leave periods. The court rejected the teachers' interpretation of the retirement law. **Why This Matters for Workers** This ruling clarifies that public school employees cannot boost their retirement benefits by taking higher-paying union positions during approved leave. Workers should understand that temporary assignments or leave positions with different pay rates may not count toward retirement benefit calculations. Employees considering union work or other leave opportunities should check how these decisions might affect their long-term retirement planning and benefit calculations.