Posts tagged "Stoneham"

Retirement Board of Stoneham v. Contributory Retirement Appeal Board, et al. (Lawyers Weekly No. 10-189-16)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030;   SJC-12098   Retirement Board OF STONEHAM  vs.  Contributory Retirement Appeal Board & another.[1]       Middlesex.     October 5, 2016. – December 22, 2016.   Present:  Gants, C.J., Botsford, Lenk, Hines, Gaziano, Lowy, & Budd, JJ.     Retirement.  Municipal Corporations, Retirement board.  Public Employment, Retirement.  Contributory Retirement Appeal Board.       Civil action commenced in the Superior Court Department on February 6, 2014.   The case was heard by Robert L. Ullmann, J., on motions for judgment on the pleadings.   The Supreme Judicial Court on its own initiative transferred the case from the Appeals Court.     Douglas S. Martland, Assistant Attorney General, for Contributory Retirement Appeal Board. Thomas F. Gibson for Christine DeFelice. Michael Sacco for the plaintiff.     LOWY, J.  This case requires us to answer two questions:  (1) whether a municipal retirement board possesses absolute discretion to terminate a part-time employee’s membership in a retirement system to which that board has granted the employee membership; and (2) even if such a board does not have the power to terminate a part-time employee’s membership, whether a “separation from [an employee’s] service” under G. L. c. 32, § 3 (1) (a) (i), occurs when a part-time employee working two jobs for the same municipal employer ceases to work only one of those jobs.  We answer both questions in the negative and reverse the judgment of the Superior Court. Background.  Christine DeFelice began working on a part-time basis for the Stoneham school department (department) in November, 2000.  In April, 2001, she took on a second part-time job with the department to fill a temporary vacancy, increasing her weekly workload from nineteen and one-half hours per week to over thirty hours per week for the ensuing nine weeks.  At the end of the nine-week period, DeFelice continued to work for the department on a part-time basis until at least June, 2009, only occasionally working more than nineteen and one-half hours per week.[2] In 2009, DeFelice sought retroactive membership in the Stoneham retirement system as an employee of the department, based on the nine-week period in 2001 during which she worked over thirty hours per week.  Under the membership eligibility criteria for part-time employees established by the Stoneham retirement board (board) that were in effect during 2001, Stoneham employees were eligible for membership in the retirement system if they were […]


Posted by Massachusetts Legal Resources - December 23, 2016 at 12:28 am

Categories: News   Tags: , , , , , , ,

Somber Funeral Held in Stoneham for Officer Sean Collier

The outpouring of support for slain Massachusetts Institute of Technology Police Officer Sean Collier continued on Tuesday morning at Saint Patrick’s Parish in Stoneham as police officers and loved ones filed into the church to pay their respects during a private funeral. Collier’s wake was held on Monday at a nearby funeral home, with officers forming a long line then as well to say goodbye to their fellow officer. Support for Collier will continue on Wednesday at MIT when a larger memorial service will take place. According to reports, Vice President Joe Biden will be in attendance during the service, which begins at 12 p.m. South End Patch


Posted by Massachusetts Legal Resources - April 24, 2013 at 3:18 am

Categories: Arrests   Tags: , , , , , ,