PHILADELPHIA (CBS) - The Pennsylvania state Supreme Court has rejected an effort to have two incumbent city council members taken off the May primary ballot.

At issue where the re-election bids of city council members Marion Tasco and Frank Rizzo, along with the candidacy of City Commissioner Marge Targtaglione. All three are enrolled in the DROP pension program, and all three intend to return to office if re-elected.

Lawsuits against all three were filed, but now the state Supreme Court has issued what is likely the final decision on the issue. The majority of justices, without comment, ruled that all three may remain on the ballot.

Two justices, Saylor and Castille, dissented; with Saylor writing that the candidate’s tactic of retiring for a single day to collect the DROP payment amounts to “a sham” But again that was the minority opinion and all three are free to seek re-election.

Reported By Mike Dunn, KYW Newsradio