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Retirement – Creditable service – Teacher
Where the Massachusetts Teachers’ Retirement System decided that a petitioner was not entitled to purchase creditable service for some of his out-of-state teaching in Rhode Island, that decision should be affirmed because the petitioner is not entitled to “a double retirement benefit” from two retirement systems.
Retirement – Purchase of service – Invoice
Where a petitioner failed to timely pay her invoice in 2011 when she applied to purchase her contract service, a decision by the State Board of Retirement denying her request to reopen her contract service bill should be upheld because the petitioner had an opportunity to purchase her service and did not do so in a timely manner.
Retirement – Prior service
Where the State Board of Retirement denied a petitioner’s application to purchase his part-time 1982-1992 contract service, the board acted correctly, as the relevant contract service “preceded a period of membership service for which [he] took a refund” and therefore cannot be purchased.
Licenses and permits – Day care – Acquittal
Where the Department of Early Education and Care found that a petitioner was not suitable for licensure as a day care provider, that decision should be reversed because it was based only on an uncorroborated statement and acquitted conduct.
Social services – Veteran – Annuity
Where a disabled veteran who was granted an annuity by the Executive Office Veterans’ Services prospectively from the date he applied, there was no error in refusing to grant him the annuity retroactive to the date he received his 100 percent disability rating.
Retirement – Military service
Where the State Board of Retirement has denied a petitioner’s request to purchase some of his prior military service, the board’s decision must be vacated because the petitioner is entitled to purchase his time in active duty for training in the National Guard.
Retirement – Deferred compensation
Where deferred compensation was received by two petitioners (a town administrator and a police chief) under their individual employment contracts, the Hampden County Regional Retirement System should have treated the deferred compensation as regular compensation when calculating the petitioners’ retirement allowances.
Licenses and permits – Family child care – Spouse
Where a petitioner has challenged the Department of Early Education and Care’s decision that her husband is not suitable for affiliation with an EEC-licensed program, the petitioner’s husband has failed to present clear and convincing evidence of his suitability to be a household member.
Retirement – Group 2 – Social worker
Where the State Board of Retirement denied a petitioner’s request to be classified in Group 2 under G.L.c. 32, §3(2)(g), that decision should be affirmed because (1) the petitioner did not serve as a social worker for 10 years or more and (2) the record does not establish that more than half of her time was spent providing Group 2 care to members of a Group 2 population
Retirement – Accidental disability – Parking lot
Where a police officer’s application for accidental disability retirement benefits was denied, that decision should be affirmed because the officer — who slipped, fell and injured himself in a police department parking lot before the start of his shift — was not on duty, was not injured as a result of his duties and is not eligible for accidental disability retirement benefits despite the po[...]
Retirement – Group 2
Where the State Board of Retirement denied a petitioner’s application for Group 2 classification under G.L.c. 32, §3(2)(g), the application should have been granted because the petitioner established that his regular and major duties as a “Residential Supervisor C” at the Department of Developmental Services (DDS) required direct care of people with intellectual and developmental disabiliti[...]
Retirement – Group 2
Where the State Board of Retirement declined to grant a petitioner Group 2 classification for his service as chief of the Office of Investigative Services (OIS) at the Department of Correction, the board’s decision should be affirmed because the petitioner failed to prove by a preponderance of the evidence that his “regular and major duties” involved the care, custody, instruction, or other [...]
Verdicts & Settlements
- Injury during baby’s adenoidectomy leads to stroke
- Construction worker’s hand caught in cement mixer
- Worker trapped in freezer, dies during steam cleaning
- Pedestrian, 69, hit by motor vehicle while in crosswalk
- Four-vehicle pileup leaves driver with spinal cord injury
- Nursing home staff blamed for kidney-failure death
- Pharmacy’s late delivery blamed for patient’s death
- Man, 25, drowns after swimming lesson at fitness club
Opinion Digests
- Jurisdiction – Forum selection clause – Non-signatory
- Criminal – Responsibility
- Attorneys – Lien
- Landlord and tenant – Default judgment
- Zoning – Constructive grant – Comprehensive permit
- Fraud – False Claims Act – Settlement share
- Civil practice – Discovery – Cybersecurity
