Recent General Jurisdiction Decisions

Restaurant, mileage reimbursement, employing minors, tip sharing pool, sick leave policy

Creditable service, contract employee, third-party vendors

Dismissal, failure to prosecute

Dismissal, failure to prosecute

Dismissal, failure to prosecute

Accidental disability retirement, PTSD, proximate cause

accidental disability retirement, in performance of duties, proximate cause

Invalid option selection form, Option B, beneficiaries

Invalid option selection form, Option B, beneficiaries

Failure to pay timely wages, restitution modification, penalty affirmed

No jurisdiction, failure to request action, failure to appeal prior decision

Accidental disability retirement, PTSD, no timely notice

Default, buyback vs. actuarial assumed rates

Survivor benefits, death caused by line-of-duty injuries

Dismissal, failure to state a claim

Dismissal, failure to prosecute

Group 2, regular and major duties, Custody Assessment Manager (Suffolk Cty. Sherriff)

Dismissal, untimely appeal

Group 4, Laboratory Supervisor III not enumerated position

Discretionary review process, prior allegations relating to child in care

Discretionary review process, household member not unsuitable, new evidence

refusal to issue license, failure to follow regulations, exercise of poor judgment

Discretionary review process, prior allegations of abuse

Discretionary review, suitability, “good judgment”

Accidental disability retirement, unclear medical panel opinions, remand for new panel

Dismissal, mootness

Summary decision, misappropriation, nurse aide registry

Summary decision, hearsay, inappropriate comments, license reovocation

Recommended decision, sanctions

Documenting evidence of deleading, inspections by department employees or designated representatives, failure to consult database

Conduct not willful, no evidence of harm

EMT license revocation-criminal offense, summary decision

Dismissal, failure to prosecute

Eligibility to retire, purchase of prior service or volunteering does not create retroactive membership

Dismissal, failure to prosecute

prior creditable service, veterans, “active duty for training”

Accidental disability retirement, negative panel

Creditable service, teacher aides, part-time and full-time service

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

Accidental disability retirement, permanence, PTSD, remand for new panel

Dismissal, untimely appeal

Accidental disability retirement, PTSD, proximate cause

Accidental disability retirement, prima facie case, “cancer presumption”, when first discovered.

Temporary or provisional work, ineligible to purchase because already retired

Anti-spiking, 5-year look-back, reasonable expectations in the retirement system

Creditable service, “buyback” interest accrues until “deposit”

Summary decision, failure to timely enroll, continuing membership

Standing, creditable service, reserve police officers, $5,000 annual compensation

Accidental disability retirement, negative panel, no exceptions

Retirement status, Option C benefits, separation agreement

Petitioner did not file timely enrollment form

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

Reinstatement, retroactivity, G.L. c. 32, § 105

Accidental disability retirement, regular compensation, longevity payments

Group 2, regular and major duties, prison Commitment Manager

Creditable service, inactive member when applied

Dismissal, failure to prosecute

Accidental disability retirement, causation, aggravation

Cannot amend retirement option after effective date of retirement

Definition of “employee,” service, regularly and permanently employed in such service

Group 2, regular and major duties, “mentally ill,” licensed practical nurse

Teacher’s regular compensation, “additional services”, “club advisor”

Dismissal, mootness

Accidental disability retirement, unclear medical panel opinions, remand for new panel

Creditable service, non-profit, not “government agency”

Creditable service, start of employment, correction of records

Retirement allowance, service performed after a conviction

Deceased member’s annuity disbursement, designated beneficiary, no undue influence

Jurisdiction, timely appeal, availability of Board’s decision

Retirement status, Option C benefits, Option D benefits

Dismissal, failure to prosecute

Accidental disability retirement, aggravation, predominant cause of emotional/psychiatric injury

Survivor’s benefits, amount of compensation, leave of absence

Dismissal, failure to prosecute

Prior creditable service, special police officers, intermittent police officers

Dismissal, failure to prosecute

Option D benefits cannot be waived

Summary decision, failure to complete enrollment prior to deadline

Group 2 classification, regular and major duties, outreach/social service coordinator

Group 2 classification, ER Nurse, no direct care to statutory population

Contract service, break of more than 180 calendar days, ineligible to purchase

Claim preclusion, superannuation

Jurisdiction, time to appeal, appealable decisions, board “action”

Teacher, creditable service, prior part-time service

Accidental disability retirement, negative panel, omitted records, request for clarification, ambiguous panel certification, remand for new panel

No prior creditable service for part-time service

Deadline to purchase prior service, receipt of bill, mail

Accidental disability retirement, disability not on account of workplace accident

Teacher, core duties, additional services

Prior creditable service, teacher, vendor/contract work

No finding of abuse per se, no credible evidence of serious physical or emotional injury, hearsay

Ch. 115 benefits, date of “first contact”

Minimum wage/overtime restitution, commissions, record keeping, sick leave policy

Minimum wage/overtime restitution, commissions, record keeping, sick leave policy

Teacher, regular compensation, stipends, bonus

Accidental disability retirement, negative panel, degenerative changes

Group 2 classification, regular and major duties, Parole Board member

Summary decision, accidental death benefits, proximate cause

Correction of records, mistaken transfer, liability of Board irrelevant

Accidental disability retirement, physician’s, PTSD

Regular allowance, calculations based on pay actually “received” by the member

Accidental death benefits, killed in line of duty benefits, killed at scene of emergency, Covid-19, in performance of duties

Dismissal, failure to prosecute

Group 2, regular and major duties, Assistant Court Services Coordinator

Governmental unit, non-teacher membership into MTRS

Creditable service, employer-funded retirement benefit

Group 2 classification, regular and major duties, Physician III

G.L. c. 32, sec 15(4), standing, no legal or factual basis for forfeiture

Accidental disability retirement, no specific incidents, no gradual deterioration

Correction of under-contributions, cannot charge interest on error

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

Accidental disability retirement, referral to medical panel, in the performance of duties

Teacher, regular compensation, additional services, Inclusion Coordinator

Group 2, Medical Records Clerk (MCI Concord)

Accidental disability retirement, domestic relations order, workers compensation, apportionment

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

Cannot change retirement option once retirement effective

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

Motion for reconsideration, no clerical or mechanical error in original decision

Notification of Board decision (via e-mail); untimely appeal; lack of jurisdiction

Failure to perfect appeal; notice filed with both agencies

Anti-spiking, bona fide change in position, market adjustment

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

Retirement plus; ineligible; not served for 20 years as a teacher

Creditable service, regular compensation, unpaid service

Prior non-membership service, employee, compensation from subsidiary account 03

Regular compensation, engineers' "dive pay"

Misclassification of employees, failure to furnish true and accurate records, failure to permit use of sick time

Failure to pay wages, theft not a set-off, bankruptcy does not affect enforcement

Creditable service, teacher, out-of-state, insufficient documentation

G.L. c. 32, sec. 28N, 20/50 benefit, no service for twenty years

Untimely appeal; lack of jurisdiction

Error correction; precedents in force

Registrable Abuse, sexual contact with DDS client

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

G.L. c. 32, sec. 4(1)(p); non-public school; out-of-state students; not engaged in "teaching pupils"

G.L. c. 32, sec. 4(1)(p); non-public school; retirement benefits; tuition financed by Commonwealth

Insufficient documentation ; Board discretion; prior state service

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

Lost wages not offset, third-party recovery, employer fully reimbursed

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

Anti-spiking, wage increase exempt, employer's "systemic wage adjustements"

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

Summary decision; independent contractors; employees;

Standing; lack of jurisdiction; aggrieved party

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

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

Service of citation, attorney no actual or apparent authority to accept service

Mootness; maximum age of retirement; reinstatement

Retirement allowance, dual member, recent service for one unit

Group 2 classification, regular and major duties, paralegal (Suffolk county jail)

Accidental disability retirement, proximate cause, persuasive medical panel opinions

Emergency suspension, refusal to renew, noncompliance

Discretionary review process, household member not unsuitable, new evidence

Discretionary review process, unclear explanation of household member's unsuitability

No evidence of abuse or neglect by care providers

Discretionary review process, household member unsuitable, no new evidence

G.L. c. 32, sec. 28N, 20/50 benefit, involvement with other law enforcement agencies

Retirement Plus, failure to complete enrollment prior to deadline

Accidental disability, negative panel, legal standard

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

Buyback interest, actuarial interest rate, buyback within one year of reinstatement or re-entry

EMT license revocation-criminal offense

EMT license revocation-criminal offense, summary decision

EMT license revocation-violation of regulations, etc.

Revocation and refusal to renew, various grounds

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

Revocation, intimidating language, dual relationship

EMT license revocation-failure to exercise reasonable care, etc.

Application for license; not suitable

Charter school, ineligible to purchase prior service, non-teaching employee

Accidental disability retirement, remand for new medical panel, Heart Law presumption

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

Anti-spiking provision, exception for salary amounts specific by law

Member of system, "regularly employed"

Adequate "notice," not entitled to join belatedly

Mootness; HERO Act; definition of "veteran"

Accidental disability retirement, incapable of performing essential duties

Part-time/Full-time service, prorating, contract employee

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

Motion for reconsideration, no good cause for extension

Charter school, ineligible to purchase prior service, employed by management company, not school

Accidental disability retirement, negative panel, remand to consider other conditions

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

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

Accidental disability retirement, respiratory conditions, did not meet burden of proof

Teacher's regular compensation, stipends, not included in CBA

Group 4, Deputy State Fire Marshall

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

G.L. c 32, sec 4(1)(h 1/2), prior creditable service as vocational teacher, three most recent years, service not "required" for licensure

Veteran's benefits, applicant, dependent, work requirements

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

contract employee; third-party vendors; contractual rights and benefits

Accidental disability retirement, proximate cause, bona fide personnel action

Pro-rated, part-time service, less than 10 years creditable service

Anti-spiking provision, no equitable relief

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

Teacher's regular compensation, leave of absence, not performing "service"

Buyback interest, failure to complete or begin buyback within deadline, actuarial interest rate

Accidental disability retirement, convene medical panel, prima facie evidence

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

G.L. c. 32, sec 10(2)(c), religious beliefs, not violation of "law, regulation, or rule"

Group 2 classification, primary diagnosis that "drives the patients' care", RN II, Tewksbury Hospital

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

Jurisdiction, failure to prosecute, allocation of costs

Retirement plus; ineligible; missed statutory enrollment deadline, untimely appeal

Insufficient documentation of earnings; Board discretion; out-of-state service

Teacher, prior creditable service overseas

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

Group 2 classification, regular and major duties,DDS on-site nurse and area office nurse

Group 2 classification, regular and major duties, physician specialist, Worcester Recovery Center

Accidental disability retirement, proximate cause, persuasive medical panel opinions

Retirement credit, "partial" incapacity, out of work

Group 4, Chief of Staff and Chief Legal Counsel for the District Attorney

Failure to pay wages, specific and general intent, sick time accrual "policy"

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

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

Group 2 classification; Clinical Social Worker (DMH); assessment and case management

Regular compensation, longevity payments

Dismissal, accidental disability process

Accidental disability retirement, PTSD, proximate cause

Excess earning, method of collection, withholding annuity

Accidental disability retirement, PTSD, proximate cause, bona fide personnel action

Accidental disability retirement, heart law presumption, heart disease

Regular compensation, hourly compensation, stipends

Accidental disability retirement, negative panel, not plainly wrong

Retirement plus; ineligible; missed statutory enrollment deadline

Beneficiary, change in option (d) beneficiary, domestic relations order

No "urgent compelling" need or "good cause for leaving" attributable to employer.

Accidental disability retirement, medical panel failure to address claim, remand

Group 4, assistant superintendent in county sheriff's office

Jurisdiction, "indirect therapy costs," required supporting documentation

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

Erroneous exclusion from membership; purchase credit for prior service; "correction of errors" rate

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

Accidental disability retirement, injury not during performance of duties, no aggravation

Accidental disability retirement, proximate cause, persuasive medical panel opinions

Beneficiary, survivor benefits, failure to elect

Regular compensation, bonuses

Accidental disability retirement, proximate cause, pre-existing conditions

Accidental disability retirement, convene medical panel, emotional distress

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

Group 2 classification; DMH; assessment vs. direct care

Group 2 classification, regular and major duties, physical therapist II (Shattuck Hospital)

G.L. c. 32, sec 15(1), (4) & (7); mootness, remand to hold proceedings

Creditable service, teacher, out-of-state, certification requirement

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

Accidental disability retirement, injury as a result of workplace incident

Accidental disability retirement, convene medical panel, prima facie evidence

Veteran's benefits, improperly completed application, excess assets

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

Accidental disability retirement, "entitled to retirement allowance," untimely application

Beneficiary, domestic relations order, survivor benefits

Untimely appeal, lack of jurisdiction, appeal deadline from date of e-mail notification

Appealable decisions, system's refusal to accept liability

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

Registrable Abuse, abuse per se, infliction of physical pain

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

Regular compensation, backpay, resignation

Calculating retirement allowance, last day of work is "date of disabling hazard undergone"

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

Accidental disability retirement, proximate cause, not due to preexisting condition

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

Regular compensation, increase in base salary, not in contemplation of retirement

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

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

Transition from full-time to part-time work was not a "resignation"

Jurisdiction, "indirect therapy costs," required supporting documentation

Group 2 classification, regular and major duties, case manager

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

Accidental disability retirement, post-concussion disorder, proximate cause,

Remand, sincerely held religious belief, credibility findings

Superannuation, termination for moral turpitude

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

Accidental disability retirement, PTSD, untimely disclosure, no hazard

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

Veteran's allowance, "active duty for training" not "active service in the armed forces"

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

Accidental disability retirement, proximate cause not accident, preexisting condition

Accidental disability retirement, Post-concussion syndrome, unanimous medical panel

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

Group 2 classification, DYS, regular and major duties providing direct care

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

Accidental disability retirement, negative panel, not plainly wrong

Failure to prosecute appeal, no notice of change of address

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)

Accidental disability retirement, lung law, COVID-19

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

Creditable service, out-of-state school, employer-funded retirement benefit

Adequate "notice," not entitled to join belatedly

Group 2 classification, primary diagnosis that "drives the patients' care", RN II, Tewksbury Hospital

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

Accidental disability retirement, injury during performance of duties

Retirement plus; ineligible even if rehired, notice

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

Group 2 classification, regular and major duties, case manager and infection preventionist (Shattuck Hospital)

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

Appealable decisions, buyback vs actuarial interest rate

Appealable decisions, buyback vs actuarial interest rate

Creditable service, nonpublic school, employer-funded retirement benefit

Regular compensation, longevity payments

G.L. c. 32, sec. 4(1)(p); not engaged in "teaching pupils"

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

Petitioner did not file timely enrollment form

Untimely appeal; lack of jurisdiction

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, serious or willful misconduct, lack of causation

G.L. c. 32, sec. 3(6)(e), return to state service, must work two consecutive years

Accidental disability retirement, injury not specified in application

Accidental disability retirement, capable of performing essential duties

Accidental death benefits, heart law presumption, pre-employment smoking irrelevant

Accidental disability retirement, convene medical panel, prima facie evidence

Request to accept liability not an appealable decision

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.

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

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

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

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

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

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

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)

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

Group 2 classification; Physician Assistant (Worcester Recovery Center and Hospital)

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

Accidental disability retirement, PTSD, notice

Failure to pay accrued vacation; failure to furnish records

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