In Rimel v. Rimel, 913 A.2d 289 (Pa. Super. 2006), the Superior Court addressed an issue of first impression: whether husband was entitled to a social security set-off against the value of his Federal CSRS pension where he had worked not only for the federal government, but also in jobs through which he did contribute to the social security system.
The Court decided that Husband was entitled to such a set-off, but remanded the matter for additional testimony, as the facts had not been developed which would allow for the determination of what amounted to be a "partial set-off".
The Court cited the following cases:
Cornbleth, 580 A.2d 369 (Pa. Super. 1990)
Twilla, 664 A.2d 1020 (Pa. Super. 1995)
The Court distinguished the following cases:
Elhajj, 605 A.2d 1268 (Pa. Super. 1992)
McClain, 693 A.2d 1355 (Pa. Super. 1997)