Pension-disability award upheld

WILKES-BARRE – A Luzerne County judge has upheld an arbitrator’s decision granting pension and disability benefits to a former Exeter Borough police officer.

Luzerne County Judge Lewis Wetzel issued a one-page opinion Wednesday saying an arbitrator’s award to former officer Richard Belza was “valid and proper” after the borough filed court papers in a request to throw out the award.

In February 2007, Belza filed a grievance concerning the time and amount of pension disability benefits awarded by the borough.

Belza, who is now retired, sought the benefits after he was diagnosed with a heart condition in February 2007. The total of requested benefits dating from February 2007 to the present is $140,160, according to court papers.

Court papers indicate Belza and the borough could not agree on the time a proper application was submitted for Belza to collect the benefits.

The borough alleged Belza requested the benefits in February 2007, but the actual application was not made until April 2008.

Arbitration hearings were held in January and June 2009, with an arbitrator issuing a decision on Aug. 24, 2009.

In the arbitrator’s determination, it was decided that the time period of March and April 2008 constituted the proper date of the commencement of benefits, but that Belza was entitled to heart and lung benefits from the time of his diagnosis in 2007 until the start of his pension disability benefits.

Belza’s pension, according to court papers, calls for a payment of approximately $3,504 per month, beginning in February 2007.

In September, the borough, through its attorney Peter Moses, filed a motion to modify or vacate the arbitration award, citing that the arbitrator “exceeded power” and that “irregularity caused the rendition of an unjust or inequitable award.”

Belza was represented by the law firm of Lightman, Welby, Stoltenberg and Caputo, of Harrisburg, which represents Exeter Borough officers, the plaintiffs in the case.

On Tuesday, attorneys involved in the case argued the motion, which Wetzel ultimately dismissed.

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