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IN THE COMMONWEALTH COURT OF PENNSYLVANIA

BOROUGH OF MARCUS HOOK,  :  
Petitioner  :  
:  
v.  :  
:  
PENNSYLVANIA MUNICIPAL RETIREMENT BOARD, Respondent  : : :  NO. 1142 C.D. 1998 ARGUED: October 6, 1998  

BEFORE: HONORABLE JIM FLAHERTY, Judge
HONORABLE BONNIE BRIGANCE LEADBETTER, Judge
HONORABLE SAMUEL L. RODGERS, Senior Judge

OPINION BY JUDGE LEADBETTER FILED:   November 16, 1998
The Borough of Marcus Hook (Borough) petitions for review of the order of the Pennsylvania Municipal Retirement Board (Board) denying disability benefits to Borough Officer David G. Closs. At issue is the interpretation of the disability provision in the 1984 contract (Contract) between the Borough and the Pennsylvania Municipal Retirement System (PMRS). However, the question which the parties seek to litigate is not necessary to the disposition of this appeal, because it relates to hypothetical facts different from those presented by this case. Accordingly, because this appeal seeks an impermissible advisory opinion, the petition for review is dismissed.
Officer Closs and the Borough filed an application for disability benefits in November of 1996. Closs had become unable to continue work as a Borough police officer because he suffered from angina that could not be medically or surgically relieved. PMRS denied the application for benefits. PMRS based its denial on the recommendation of the agency

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Pennsylvania Law