Stoneham Retirement Board v. Contributory Retirement Appeal Board

32 Mass. L. Rptr. 607
CourtMassachusetts Superior Court
DecidedMay 15, 2015
DocketNo. MICV201400534
StatusPublished

This text of 32 Mass. L. Rptr. 607 (Stoneham Retirement Board v. Contributory Retirement Appeal Board) is published on Counsel Stack Legal Research, covering Massachusetts Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Stoneham Retirement Board v. Contributory Retirement Appeal Board, 32 Mass. L. Rptr. 607 (Mass. Ct. App. 2015).

Opinion

Ullmann, Robert L., J.

INTRODUCTION

The Contributory Retirement Appeal Board (“CRAB”) ruled that nine weeks of full-time work in 2001 qualified a Stoneham town employee for membership in the town’s contributory retirement system during her many years of subsequent part-time work, even though part-time employees are lawfully excluded from participation in the town’s retirement system. CRAB’s decision involved its interpretation of what CRAB aptly describes as the “sometimes overgeneralized . . . ‘once a member, always a member’ rule,” A. 104,1 as applied to G.L.c. 32, the statute governing all city, town and county contributory retirement systems. Because CRAB’s interpretation of the statute was erroneous under the facts of this case, the Court reverses CRAB’s decision and reinstates the decision of the plaintiff Stoneham Retirement Board (the “Stoneham Board”).

RELEVANT FACTS AND PROCEEDINGS

The relevant facts are undisputed. In the late 1970s, defendant Christine DeFelice taught second grade in the Wakefield public schools and was a member of the state’s Teachers Retirement System. A. 109. When that job ended, she withdrew her retirement contributions. Id.

Twenfy years later, in 1999, DeFelice worked part-time for the Boxford public schools as a technology teacher, and again became a member of the Teachers Retirement System. A. 109-110. In November 2000, DeFelice began working for the Stoneham public schools as a technology specialist. A. 110. She was hired to work 19.5 hours per week, which she did until April 23, 2001. Id. During this time, DeFelice asked to participate in the Stoneham Retirement System, but the Stoneham Board denied her request on grounds that part-time employees were not eligible for membership in its system. Id.

On April 23, 2001, DeFelice began working a second job in the Stoneham public schools, filling a vacancy at a second school until a permanent replacement could be found. Id. She worked a total of 30 hours per week at both jobs until the end of the school year, roughly nine weeks. Id.

Since September 2001, DeFelice has worked part-time, as defined by the Stoneham Retirement System, with veryfew exceptions. Id. From approximately November 2001 through November 2003, DeFelice worked over 30 hours per week for a total of three pay periods. Id. Effective September 24, 2005, the Stoneham Board reduced the part-time eligibility requirement for membership in its retirement system from 30 hours per week to 20 hours per week. Id. Between February 2004 and June 2009, DeFelice worked more than 20 hours per week for a total of five pay periods.2 Id.

In July 2009, DeFelice wrote to the Public Employee Retirement Administration Commission (“PERAC”), inquiring about her eligibility for membership in the Stoneham Retirement System, and received a response indicating that she was eligible. A. 110-111. The Stoneham Board reviewed PERAC’s response at its August 25, 2009 meeting, and concluded that DeFelice was not and had never been eligible for membership in its retirement system. A. 111. In June 2010, DeFelice provided documentation to the Stone-ham Board of her nine weeks of full-time work in the Stoneham public schools in the spring of2001. Id. The Stoneham Board initially determined that DeFelice was not eligible for membership in the retirement system during those nine weeks because she had increased her hours only temporarily. Id.

DeFelice appealed to the state Division of Administrative Law Appeals (“DALA”). Id. On August 10, 2010, while DeFelice’s appeal to DALA was pending, the Stoneham Board reconsidered its earlier denial of her entiy into membership and voted to grant her retroactive membership for the nine-week period from April 23, 2001 through the end of the 2000-2001 school year, but not for her subsequent years of service. A. 111-112. DeFelice again appealed to DALA. A. 112.

On June 21, 2013, a first administrative magistrate of DALA rescinded the Stoneham Board’s August 12, 2011 decision and ordered the Stoneham Board to recognize DeFelice’s membership in its retirement system throughout her entire period of service with the Stoneham public schools. A. 108-118. The Stoneham [608]*608Board appealed to CRAB, which affirmed DALA’s decision on January 16, 2014. A. 103-106.

The Stoneham Board then appealed to this Court, pursuant to G.L.c. 30A, §14. The Court heard oral argument on December 2, 2014, at which counsel for the Stoneham Board and DeFelice appeared. The Court subsequently requested that defendant CRAB participate in the proceedings, and further oral argument was presented on April 3, 2015, by all parties.

DISCUSSION

The Legal Standard

Pursuant to G.L.c. 30A, §14(7), this Court may reverse, remand, or modify an agency decision only if the decision is “based on an error of law, unsupported by substantial evidence, unwarranted by facts found on the record as submitted, arbitrary and capricious, an abuse of discretion, or otherwise not in accordance with law.” Massachusetts Inst. of Tech. v. Department of Pub. Utils., 425 Mass. 856, 867-68 (1997). The appellant bears the burden of demonstrating the invalidity of CRAB’s decision. Merisme v. Board of Appeal on Motor Vehicle Liab. Policies and Bonds, 27 Mass.App.Ct. 470, 474 (1989). Factual disputes and matters of credibility are for the agency, not this Court, to resolve. Greater Media, Inc. v. Department of Public Utilities, 415 Mass. 409, 417 (1993).

To the extent that CRAB’s determination involves a question of law, it is subject to de novo judicial review. Bristol County Retirement Bd. v. Contributory Retirement Appeal Bd., 65 Mass.App.Ct. 443, 451 (2006). The Court is required to “give due weight to the experience, technical competence, and specialized knowledge of the agency, as well as to the discretionary authority conferred upon it” by statute. G.L.c. 30A, §14(7); Flint v. Commissioner of Pub. Welfare, 412 Mass. 416, 420 (1992). However, the court must reverse an agency’s erroneous interpretation of its statutory authority. Bristol County Retirement Bd., 65 Mass.App.Ct. at 451.

Application of the Legal Standard

G.L.c. 32, titled “Retirement Systems and Pensions,” governs the state employees’ retirement system, the teachers’ retirement system, and all county, cify and town contributory retirement systems. G.L.c. 32, §2. In this case, CRAB focused primarily on G.L.c. 32, §3(l)(a)(i), which defines “member in service,” and G.L.c. 32, §3(2)(d), which gives retirement boards the authority to determine the eligibility of part-time employees.3 Perceiving a conflict between these two provisions, CRAB ruled that the “provisions of G.L.c. 32, §3(1) (a) (i), providing that the status of a member in service ‘shall continue’ until his separation from service, must govern.” A. 103-104. In other words, CRAB ruled that the statutory definition of a “member in service” trumped the statutory provision allowing retirement boards to determine membership eligibility of part-time employees.

This Court does not perceive a meaningful conflict between the two provisions under the facts of this case. G.L.c. 32, §3(2)(d) provides in pertinent part:

In all cases involving part-time, provisional, temporary, temporary provisional, seasonal or intermittent

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Related

Greater Media, Inc. v. Department of Public Utilities
614 N.E.2d 632 (Massachusetts Supreme Judicial Court, 1993)
Andrade v. Contributory Retirement Appeal Board
215 N.E.2d 105 (Massachusetts Supreme Judicial Court, 1966)
Flint v. Commissioner of Public Welfare
589 N.E.2d 1224 (Massachusetts Supreme Judicial Court, 1992)
Doe v. Attorney General
425 Mass. 210 (Massachusetts Supreme Judicial Court, 1997)
Massachusetts Institute of Technology v. Department of Public Utilities
684 N.E.2d 585 (Massachusetts Supreme Judicial Court, 1997)
Merisme v. Board of Appeals on Motor Vehicle Liability Policies & Bonds
539 N.E.2d 1052 (Massachusetts Appeals Court, 1989)
Aquino v. Civil Service Commission
613 N.E.2d 131 (Massachusetts Appeals Court, 1993)
Bristol County Retirement Board v. Contributory Retirement Appeal Board
841 N.E.2d 274 (Massachusetts Appeals Court, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
32 Mass. L. Rptr. 607, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stoneham-retirement-board-v-contributory-retirement-appeal-board-masssuperct-2015.