Lansford council is expected to face off against former Police Chief John Turcmanovich over pension benefits in a trial set for July 21.

Turcmanovich says he is entitled to the benefits calculated on the inclusion of compensation, sick, vacation and personal time. The borough argues that time should not be included in the calculation, and that Turcmanovich failed to abide by the terms of the police pension plan."The ordinance specifically states that that time should not be included," said attorney Jeffrey S. Stewart of Allentown, who represents the borough.While the case wends its way through Carbon County court, Turcmanovich says he has not received a pension check since May.Council president Martin Ditsky did not immediately return a telephone call seeking comment.Turcmanovich's lawyer, Todd Eagen of Harrisburg, filed the suit on his behalf on Sept. 24, 2014, in Carbon County court.According to the suit, the borough hired Turcmanovich as a police officer on June 19, 1974. He worked first as a patrolman, and then as chief from Sept. 10, 2008, until May 1, 2014.On Aug. 24, 2012, he became temporarily disabled due to illness. Turcmanovich used sick, vacation and personal days when he was unable to work between Nov. 1, 2010, and May 1, 2014.He also used unpaid leaves of absence between Nov. 4 and Dec. 19 of 2012, and again from Nov. 3 through Dec. 8, 2013. In 2014, according to the suit, it was "determined that Turcmanovich's injury had become permanent."He applied for a disability retirement benefit pension through the borough's police pension plan on April 5, 2014, and retired on May 1, 2014. On that date, he received $21,879 in unused compensation, sick, vacation and personal time. The borough deducted his contributions to the pension fund, which it administers.According to the suit, the plan provides disability retirement benefits for both service-related and non-service-related disabilities for police officers hired before Nov. 1, 1993. Police with permanent disabilities are entitled to benefits of 50 percent of their average monthly compensation for the previous 36 months. That includes comp, sick, vacation and personal time.Turcmanovich's retirement benefit would be $2,663 a month. The suit says his pension benefit is not a disability pension benefit, and excluded the $21,879 he got on May 1, 2014. But he is entitled to a disability pension benefit that excludes his unpaid leaves but includes the $21,879.The borough responded to the suit on Nov. 4, 2014, arguing that it lacks enough information to agree that Turcmanovich used the sick, vacation and personal time from Nov. 1, 2010, through May 1, 2014. It also disputed the dates he took unpaid leaves, and that the borough made any determination about his disability being permanent. The borough also argued that Turcmanovich failed to provide all the information required under the police pension plan.The borough also argued that while police officers have had pensions that include comp, sick, vacation and personal time, none have had that time included in pension benefits calculations since the borough revised its pension ordinance in 2004.