General Jurisdiction Recent Decisions

Group 2 classification; "sergeant telecommunications/signal operator" only if municipal employees

Group 2 classification, regular and major duties, "mentally ill or mentally defective"

Failure to perfect appeal; notice not filed with both agencies

Failure to perfect appeal; notice filed with both agencies

"regularly employed", part-time, full-time

Creditable service, regular compensation, unpaid service

Error correction; precedents in force

Excess payment, G.L. c. 32 sec 91(b), repayment

G.L. c 32, sec 4(1)(h 1/2), prior creditable service as vocational teacher, failure to purchase within 180 days

Group 2 classification, regular and major duties, DDS Residential Supervisor II

Anti-spiking provision, salary amount not specific by law.

Summary decision; independent contractors; employees;

Group 2 classification, regular and major duties, human services coordinator

Mootness; maximum age of retirement; reinstatement

Selling dogs without a license; personal owner; livestock imported from out of state

EMT license revocation-criminal offense, summary decision

Summary suspension, intimidating language, ethical violations, practice outside scope of license

Application for license; not suitable

Teacher's regular compensation, "additional services," "club advisors"

Member of system, "regularly employed"

Accidental disability retirement, incapable of performing essential duties

Accidental disability retirement, incidents time-barred, not "constant" or "continued" hazard of job

Group 2 classification; "fire and police signal operators" only if municipal employees

Ineligible to purchase contract service because it did not "immediately precede" membership.

Group 4, Deputy State Fire Marshall

Elected official, application 90 days after taking office, correcting error

Accidental disability retirement, proximate cause, incident within two years of application

Anti-spiking provision, no equitable relief

G.L. c 32, sec 7(1) & 9, death benefits, not proximate cause for which retired

Accidental disability retirement, convene medical panel, prima facie evidence

Unemployment claim; discharge for knowing violation of rule or policy

Teacher's regular compensation, "additional services," stipend range, "set forth"

Teacher's regular compensation, hourly basis, not "salary"

Jurisdiction, failure to prosecute, allocation of costs

G.L. c. 32 sec 3(7)(d) & 5(2)(e); retirement benefits from two systems; superannuation and accidental disability

Unemployment claim; no "good cause" for leaving attributable to employer; employment not deemed involuntary

State police, enhanced benefit, retirement at age 55, Act 1991, c. 412 sec. 123

G.L. c 32, sec 9, death benefits, same condition

Accidental disability retirement, PTSD, proximate cause

unpaid leave; capable of working; actively engaged in seeking work

Group 2 classification; DYS Program Director; custody of "wayward children"

Regular compensation, settlement agreement, ad hoc, knowledge of employment

Regular compensation, bonuses

Accidental disability retirement, proximate cause, pre-existing conditions

Group 2 classification; DMH; assessment vs. direct care

Anti-spiking provision, bona fide change in position, subsequent salary increase

Accidental death benefits, injury not "in the performance of" employee's duties

Accidental disability retirement, injury as a result of workplace incident

Not eligible for waiver on earnings limitation, 2020 Act, limited to those "receiving a pension"

Beneficiary, domestic relations order, survivor benefits

Group 2 classification, regular and major duties, direct care to prisoners

Regular compensation, retroactive cost-of-living adjustments, employee

M.G.L. c. 32, sec. 4(1)(p); Engaged in "teaching pupils"

G.L. c. 32, sec 10(2)(c), termination allowance, violation of "law, regulation, or rule"

Group 2 classification, regular and major duties, case manager

Absence of supporting documentation, fair and reasonable rates, administrative costs

Superannuation, termination for moral turpitude

Creditable service, not engaged in "teaching pupils", not a "governmental unit"

Regular compensation, salary supplement (in lieu of health insurance), not base salary or compensation

contract employee; third-party vendors; instrumentalities of the Commonwealth

Accidental disability retirement, proximate cause not accident, preexisting condition

Group 2 classification; Boston Water and Sewer Commission; enabling act; "Same laws, rules and regulations"

G.L. c 32, sec 4(2)(b), prior service reserve police officer, enhanced credit, five year cap

contract employee; third-party vendors; instrumentalities of the Commonwealth; entitled to out of state retirement benefits

Jurisdiction, failure to take action required by law, Determination of Need (DON)

Unemployment claim (vaccine mandate)

G.L. c. 32 sec. 5(2)(f); Anti-spiking; Equal Pay Act

Jurisdiction, Petitioner not "aggrieved" by agency decision, Motion to Dismiss

Creditable service, prior work for nonprofit organization, not Commonwealth or one of its subdivision

Accidental disability retirement; no serious or willful misconduct; timely notice

Creditable service, nonpublic school, employer-funded retirement benefit

G.L. c. 32, sec. 4(1)(p); non-public school; not receiving retirement benefits under another plan

Surviving spouse benefits, not living apart for "justifiable cause"

Group 4, Campus police officer

Part-time/Full-time service, prorating, applicable regulation

contract employee; third-party vendors; supervised and controlled

Accidental disability retirement, injury not specified in application

Accidental disability retirement, capable of performing essential duties

Accidental disability retirement, negative panel

Group 2 classification, primary diagnosis that "drives the patients' care", occupation therapist, Tewksbury Hospital

Motion to dismissed based on untimely filing (opposed based on excusable ignorance).

Accidental disability retirement, negative panel, standard of causation, pre-assessment letter,

Regular compensation, weekly stipends, overtime

Ineligible to purchase contract service because it did not "immediately precede" membership.

Unemployment claim (vaccine mandate)

Accidental disability retirement, application not "filed" until Physician's Statement received

Retirement-Beneficiary dispute

Cash benefits, medical-only benefits, maximum monthly income

Excess earning, position from which the member was retired

Timely appeal, "regular compensation," included in contract, overpayment

Absence of supporting documentation, fair and reasonable rates, administrative costs

Killed-in-line-of-duty benefits, G.L. c. 32, Sec. 100

Dismissal-Failure to prosecute

G.L. c. 32, sec. 3(5)-Reserve Police Officer purchase of prior creditable service

Regular compensation, lump sump payment, vacation time

Group 2 classification; less than half of working hours providing care or supervision

Group 2 classification, regular and major duties, licensed nurse (Shattuck Hospital)

Retirement - ADR - Aggravation of preexisting injuries to pint of disability (neurological and psychiatric/emotional).

Group 2 classification; municipal employee

Accidental disability retirement, proximate cause, persuasive medical panel opinions

Error correction; precedents in force

G.L. c. 32 sec 94B, Cancer Law, more than five years from active service

Regular compensation, commuting differential

Accidental disability, negative panel, legal standard

Part-time/Full-time service, part-time/full-time position, prorating

Accidental disability retirement, heart law presumption inoperative, pre-employment physical

Anti-spiking (G.L. c. 32 sec. 5(2)(f)), fixed hours, bona fide change in position

Accidental disability retirement, incomplete application, ability to perform essential duties

Discretionary review; abuse of discretion; deference to agency decision

Discretionary review; de novo review; regulatory factors

G.L. c. 32, sec. 11(2)(c), 12(2), & 12B; "justifiable cause"; substantial compliance; temporary allowance

Compost; 100 foot setback

"Anti-spiking," consecutive years, pay equity adjustment

Regular compensation, determining retirement date, recurrent payments

accidental disability, mental disability, bona fide personnel actions

Anti-spiking (G.L. c. 32 sec. 5(2)(f)), bona fide change in position, salary not "specified" by law

Meal Break Law, adult workers, civil citation, criminal proseuction

Creditable service, call firefighter, less than $5,000 annually

Unemployment claim (vaccine mandate)

Unemployment claim (vaccine mandate)

EMT license revocation-out of state discipline

EMT-failure to use good judgment; knowingly making an omission of material fact

EMT license revocation-criminal offense

EMT license revocation-false statements

Failure to post, distribute and track earned sick time; failure to furnish records

Creditable service, call firefighter, less than $5,000 annually

Regular compensation, per diem compensation, substitute

Buyback interest, actuarial assumed rate, payment deadline, board's discretion

Buyback interest, prior successful appeal

G.L. c 32, sec 4(1)(s); contract employee; substantially similar positions

Group 4, not-statutorily enumerated position, transfer of retirement system

Accidental disability retirement, missed deadline, no proof of disabling injury

Creditable service, call firefighter, less than $5,000 annually

Pro-rated benefits; active member

Survivor benefits; effective as of date of retirement

Veteran's Creditable Service, G.L. c. 32, sec. 4(1)(h)

contract employee; third-party vendors; instrumentalities of the Commonwealth

Creditable service, prior work for private entity, not engaged in "teaching pupils"

G.L. c 32, sec 3(5); prior non-membership service

Unemployment claim; "good cause" for leaving attributable to employer

G.L. c 32, sec 4(1)(h 1/2), prior creditable service as vocational teacher, other prior service, "employee", paid by political subdivision

G.L. c 32, sec 4(1)(h 1/2), prior creditable service as vocational teacher, three most recent years, prior service as substitute teacher

Teacher's regular compensation, "additional services," "club advisors"

G.L. c. 32, sec. 11(2)(c); beneficiary; valid form; refund of contribution

Unemployment claim; no "good cause" for leaving; no "urgent, compelling or necessitous" reason for resigning

Jurisdiction, timely filing, method of filing, filing with with different agencies (DALA & OAG)

Payment of wages within pay period

M.G.L. c. 32, sec. 4(1)(p); Engaged in "teaching pupils"

No finding of abuse or abuse per se, credibility of witnesses

G.L. c. 32, sec. 12(2)(d); beneficiary; Option C; death of member

Accidental disability retirement, negative panel

Unemployment claim (vaccine mandate)

Teacher's regular compensation, "additional services," written in employment contract & effective date of retirement

Accidental disability, negative panel, accomodations

Retirement-Anti-spiking (G.L. c. 32 sec. 5(2)(f))

Veteran's Creditable Service, G.L. c. 32, sec. 4(1)(h)

Veteran's Creditable Service, G.L. c. 32, sec. 4(1)(h)

Accidental disability retirement, PTSD, notice

Untimely appeal; contract employee; third-party vendors; instrumentalities of the Commonwealth

G.L. c 32, sec 20(5)(c)(3), discretion to grant waiver, correction of errors interest rate

Retirement-Physician Assistant qualifies for Group 2 classification

Workers not "employees"; employment records

Prior creditable service; call firefighter; local rules and board regulations

G.L. c. 32, sec. 11(2)(c); beneficiary; valid form

Group 2 classification, administrative secretary (Sheriff's Dept), interactions with inmates

Untimely appeal, teacher's regular compensation, "additional services," retroactive amendment to CBA

Overpayments; Option B; remaining funds paid to beneficiary

Dismissal-Failure to file pre-hearing submissions

G.L. c 32, sec 9, medical panel, death benefits, proximate cause

Voted into membership; not a "correctable error"

Retirement-Purchase credit for pre-membership service

Call firefighter ineligible to purchase prior service from another system (G.L. c. 32 § 3(5))

Group 2 classification, regular and major duties, chief classification manager

Regular compensation, "hazardous duty pay"

Anti-spiking (G.L. c. 32 sec. 5(2)(f)), fixed hours, bona fide change in position

G.L. c. 115, sec 6B; definition of "veteran", active duty for training purposes, State Guard

G.L. c 32, sec 3(3); late entry into membership; work "half-time"

G.L. c 32, sec 4(1)(a); credit for service rendered, member appointed to a statutory position

G.L. c. 32, sec. 4(1)(h1/2); 180-day deadline; calculating buyback interest

Retirement - Creditable Service - Prior "03" contract service.

G.L. c. 114, sec 6B; Veterans; eligibility for annuity; military service requirement

Holiday pay before amendment to law not regular compensation.

contract employee; third-party vendors; instrumentalities of the Commonwealth

Creditable service, call firefighter, not appointed to permanent position in same system

Pro-rated, part-time service, "Kindergarten exception," speech pathologist

Accidental disability retirement, negative panel

Accidental disability retirement, reapplication, res judicata, remand, full, fair, and substantive consideration

Retirement-Anti-spiking (G.L. c. 32 sec. 5(2)(f))

Member of two retirement systems; two retirement options allowed

G.L. c 32, sec 10(3); effective date of retirement

Group 4, correctional officer

Failure to pay minimum wage

Termination allowance, ineligibility

Teacher's regular compensation, "additional services," side letter of agreement

Serious physical injury, abuse per se, registry of abuse

Group 2 classification; "dangerousness" not enough

Failure to pay accrued vacation; failure to furnish records

Unemployment claim (vaccine mandate)

Retirement-Reserve Police Officer purchase of prior creditable service (G.L. c. 32, sec. 3(5)

Retirement-Anti-spiking (G.L. c. 32 sec. 5(2)(f))

Buyback interest, prior successful appeal

Anti-spiking provision, salary amounts specific by law, bona fide change in position

Excess earning not miscalculated

Creditable service, vendor of commonwealth, ultra vires regulation, retroactivity

DPPC-no evidence to support abuse per se; registrable abuse

G.L. c 32, sec 4(2)(c), prior part-time pre-membership service, "appropriate rules and regulations"

G.L. c. 32, sec. 4(1)(p); non-public school; engaged in "teaching pupils"

Accidental disability retirement, convene medical panel, prima facie evidence

Accidental disability retirement, application to system where "presently employed" not required

Elected official, year-for-a-day rule, Legislative repeal

Teacher's regular compensation, "additional services," written in CBA

G.L. c 32, sec 3(8), statutes of limitations, partial refund

Reinstatement of Membership

Accidental disability retirement calculation; regular compensation; effective date of retirement

Group 2 classification; "fire and police signal operators" only if municipal employees

Accidental disability retirement, convene medical panel, PTSD

Accidental disability retirement, negative panel

Teacher's regular compensation, base compensation, core duties, "additional services"

Accidental disability retirement, convene medical panel, amending physician's statement

Accidental disability retirement, convene medical panel, prima facie evidence

Untimely appeal; lack of jurisdiction

Retirement options; method of calculating retirement allowance