Robinson v. Board of Trustees of the Maine State Retirement System

523 A.2d 1376, 1987 Me. LEXIS 694
CourtSupreme Judicial Court of Maine
DecidedApril 7, 1987
StatusPublished
Cited by15 cases

This text of 523 A.2d 1376 (Robinson v. Board of Trustees of the Maine State Retirement System) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Robinson v. Board of Trustees of the Maine State Retirement System, 523 A.2d 1376, 1987 Me. LEXIS 694 (Me. 1987).

Opinions

ROBERTS, Justice.

The Board of Trustees of the Maine State Retirement System appeal from a judgment entered by the Superior Court, Kennebec County, reversing an administrative decision rendered by the board concerning the level of retirement benefits William F. Robinson, a state police officer, is entitled to receive. The board contends that the Superior Court erred when it interpreted 5 M.R.S.A. § 1092(11) and 1121(1)(C) (1979 and Supp.1986)1 as requiring the board to compute that portion of Robinson’s benefits resulting from his service with the City of Bangor based on his “average final compensation” (AFC) as an employee of the state rather than his AFC with the city. We vacate the judgment of the Superior Court.

I.

Robinson is a state police officer who has served in that capacity for approximately twenty years. Immediately prior to his service with the state police, Robinson was employed from April 1962 to March 1966 as a police officer for the city. Robinson contributed to the retirement system while employed by both the city and the state. Robinson withdrew his retirement contributions paid through the city upon terminating his employment in 1966. In 1981, Robinson began an installment pay-back of these previously withdrawn funds pursuant to 5 M.R.S.A. § 1094(10) (Supp.1986).

State police officers may retire with full benefits upon completing 20 years of creditable service pursuant to 5 M.R.S.A. § 1121(1)(C).2 Eligibility for retirement from the state police is based solely on employment with that entity. Under section 1121(1)(C), the retirement allowance is equal to one-half of the officer’s AFC. AFC is defined in 5 M.R.S.A. § 1001(3) (1979) as:

the average annual rate of earnable compensation of a member during the 3 years of creditable service as an employee in Maine, not necessarily consecutive, in which such average annual rate of earnable compensation is highest, or during his entire period of creditable service if such period is less than 3 years.

Robinson’s AFC upon retirement from the state police is or will be approximately $32,-000. His final AFC with the city after almost four years of service is approximately $4700. In addition to the one-half AFC allowance, section 1121(1)(C) provides that a retiring officer will receive “an additional 2% of his average final compensation for each year of membership service not included in determining eligibility for retirement under this paragraph.” “Membership service” is defined as “service rendered while a member of the retirement system for which credit is allowable under [1378]*1378section 1094.” 5 M.R.S.A. § 1001(13) (1979).3

The parties agreed that upon retirement Robinson will be entitled to one-half of his AFC with the state police as his annual retirement allowance. The parties disagreed as to the nature and amount of the AFC upon which the additional 2% per year of Robinson’s service will be computed. Robinson contended that “membership service” as set forth in section 1121(1)(C) includes service performed with any other entity at any other time if that entity contributed to the retirement system. As a corollary, Robinson argued that section 1121(1)(C) requires the board to calculate all of his 2% additional benefit with reference to his final state police AFC without regard to his final city AFC.4 Thus, to calculate his repurchased benefit, Robinson would have the board multiply his final state police AFC by 2% times approximately 4 — the number of years Robinson worked for the city. The board decided that the additional benefit provided for in section 1121(1)(C) pertains only to membership service with the state police beyond the 20 years necessary to establish eligibility for retirement. The board maintained that the retirement benefit to which Robinson is entitled as a result of his city employment must be measured and calculated with reference to the city retirement plan in effect in 1966.5

The board held a hearing at which it declined to adopt Robinson’s interpretation of the statute. Instead, relying largely on informal opinions from the Attorney General’s office, the board concluded that Robinson would not be entitled to utilize his AFC as a state police officer when calculating his benefit based on service with the city. Rather, apparently consistent with the city’s plan, Robinson would be entitled to additional benefits derived from his AFC with the city.

Robinson appealed the board’s decision to the Superior Court. The court reversed the board’s administrative decision, agreeing with Robinson that the term “membership service” contained in section 1121(1)(C) means membership service with any other entity contributing to the system. Consistent with this view, the court held that the term “average final compensation” contained in the additional benefits clause of section 1121(1)(C) refers to final AFC with the state police and that Robinson’s four years with the city were to be calculated, for retirement purposes, at a rate of 2% of his final AFC with the state police. The court did not decide what entity should ultimately fund this benefit. The board appeals from the Superior Court decision.

II.

Because the Superior Court acted as an intermediate appellate tribunal reviewing agency action in this case, we examine directly the record developed by the board and review for legal error the decision of the board not that of the Superior Court. See Nancy W. Bayley, Inc. v. Maine Employment Sec. Comm’n, 472 A.2d 1374, 1377 (Me.1984). The standard of review to be applied is the same as that utilized by the Superior Court — limited to whether the board abused its discretion, committed an error of law, or made findings not supported by substantial evidence in the record. Id. See also Shackford & Gooch, Inc. v. Town of Kennebunk, 486 A.2d 102, 104 (Me.1984) (appeal of zoning [1379]*1379board decision). Moreover, although we are not bound by an administrative construction of a statute, such a construction will not be lightly disregarded. See Soucy v. Board of Trustees of Maine State Retirement System, 456 A.2d 1279, 1281 (Me.1983). In this case, we determine that the administrative interpretation is consistent with the overall structure of the retirement statute and with the Legislature’s intent.

III.

Robinson urges us to apply, in a rather mechanical way, the literal terms of section 1121(1)(C) so that his retirement allowance will be enhanced. Specifically, Robinson interprets the term “membership service” in the following passage from section 1121(1)(C) to mean membership service with any entity contributing to the system, whether that service was prior or subsequent to state police service:

The total amount of the service retirement allowance of a member retired in accordance with this paragraph shall be equal to lh of his average final compensation, and an additional 2% of his average final compensation for each year of membership service not included in determining eligibility for retirement under this paragraph.

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Robinson v. Board of Trustees of the Maine State Retirement System
523 A.2d 1376 (Supreme Judicial Court of Maine, 1987)

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Bluebook (online)
523 A.2d 1376, 1987 Me. LEXIS 694, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robinson-v-board-of-trustees-of-the-maine-state-retirement-system-me-1987.