A crowd of 70 residents Monday night failed to convince the Penn Township commissioners not to appeal two decisions regarding a police pension issue involving two former officers.

The board is appealing an independent arbitrator's decision that was upheld by Judge Daniel Ackerman, of Westmoreland County Common Pleas Court, pertaining to pension payments for retired officers John Simcoviak and Jeff Gillen, who is deceased, to Commonwealth Court.

Mr. Simcoviak retired in December after injuring his right hand during an incident. Mr. Gillen, who died Sept. 9, retired in 2007 after sustaining a back injury while answering a call two years earlier.

Penn police and Fraternal Order of Police Vice President Anthony Pecora, a retired township officer, contend that pension payments to Mr. Simcoviak and Mr. Gillen should be based on 50 percent of gross pay, including overtime.

Decisions by the independent arbitrator and Judge Ackerman supported that claim.

The commissioners claim the payments should be based on 50 percent of the retired officers' base pay.

The board decided to appeal Judge Ackerman's decision in Commonwealth Court during a Nov. 11 caucus meeting.

"The appeal is being prepared, but not yet filed," township Manager Bruce Light said.

Mr. Pecora noted that the commissioners voted to appeal Judge Ackerman's decision at last week's meeting, and they were "not supposed to do so" at that session.

He said Mr. Simcoviak, a Penn police officer for 24 years, and Mr. Gillen's family are collecting disability pensions that should be one-half of their earnings, not just base pay.

"A neutral arbitrator and Judge Ackerman both found in favor of the police, and there should not be a further township appeal of these decisions," Mr. Pecora said. "The police contribute 5 percent of their gross wages toward the pension, so the benefit should be calculated the same way."

Mr. Simcoviak contends his disability is "affecting both my wife and daughter," and despite multiple operations, the hand hasn't healed correctly.

"I'm only 52 years old and I'm looking for work," he said.

Mr. Simcoviak noted that in 1995, Patrolman Michael Chanoski retired on disability and his pension is based on the earned income amount shown on his W-2 form.

Mr. Simcoviak added that in 1995, the contribution of 5 percent was not required.

The Supreme Court has ruled that if withholding is based on gross pay, so must benefits be.

He stated that Mr. Light claims that Judge Ackerman's decision missed several key issues, which led to the board's decision last week to appeal in a higher court.

Township police Sgt. John Otto noted that Mr. Simcoviak was injured by a man with a knife.

"Officer Simcoviak did not hesitate," Sgt. Otto recalled. "If the police are not backed by the township, they may hesitate and second-guess in a situation."

Several citizens commented in support of Mr. Simcoviak.

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