- Although the Springfield Retirement Board made a mistake in computing the Petitioner's pension for three years, it is not under an obligation to waive repayment in accordance with the provisions of G.L. c. 32, s. 20(5)(c)(3).
- After decision was issued in case submitted on the documents under 801 CMR 1.01(10)(c) at the request of the Petitioners, the Petitioners requested a hearing.
- Petitioner's request that his retirement allowance be recalculated utilizing new mortality tables that took effect five months after his retirement was denied.
- The Barnstable County Retirement Board's motion to dismiss must be denied because there are factual issues that must be decided and it is not entitled to judgment as a matter of law.
- The Petitioner was not entitled to retire pursuant to the provisions of G.L. c. 32, s. 28N as he did not perform services as a county correction officer for a period of not less than twenty years as required by the statute.
- The Teachers’ Retirement System correctly calculated the Petitioner’s retirement date. The Petitioner’s last day of service as a teacher in Fall River was June 30, 2006.The Teachers’ Retirement System did not receive her retirement application until September 11, 2006. Accordingly, her correct date of retirement is September 26, 2006 and not July 1, 2006.
- PERAC was correct to employ the 75% limitation in G. L. c. 32, s. 7(2)(a)(ii) because the Petitioner was not continuously a member in service from January 1, 1998 to the date her accidental disability retirement allowance became effective on February 14, 2005.
- Petitioner is not entitled to have her application for accidental disability under the Heart Law Presumption (G.L. c. 32, § 94) processed by the Respondent Board on behalf of her deceased husband because once her husband had retired he made this same request that the Respondent Board denied and he never sought to appeal that denial decision despite being informed of his rights to appeal
- The Haverhill Retirement System erred when it refused to follow PERAC’s direction that it accept liability pursuant to G.L. c. 32, § 3(8)(c) with respect to the service of Mr. Albert Rosso as a School Adjustment Counselor for the period of 1995 to 1997. The Haverhill Retirement Board is hereby ordered to accept liability for Mr. Rosso’s service from 1995 to 1997 in accordance with the provisions of G.L. c. 32, § 3(8)(c).
Watertown Retirement Board v. Public Employee Retirement Administration Commission (PERAC), CR-06-643 (DALA, 2008)In determining the annual pension reimbursement under G.L. c. 32, § 3(8)(c) that the State Board of Retirement owes the Watertown Retirement Board for the G.L. c. 32, § 10(2)(a) retirement of an elected official who retired after failing to be re-elected, PERAC had to take into consideration not just the length of service in each retirement system but the discrepancies in the salary levels from the service in each retirement system. Case remanded to PERAC to recalculate this annual pension reimbursement.
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