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HAVERHILL RETIREMENT SYSTEM vs. CONTRIBUTORY RETIREMENT APPEAL BOARD & another.
HAVERHILL RETIREMENT SYSTEM vs. CONTRIBUTORY RETIREMENT APPEAL BOARD & another. [FN1] No. 11-P-1374. March 12, 2012. - July 11, 2012. Retirement. Pension. Contributory Retirement Appeal Board. School and School Committee, Retirement benefits. Public Employment, Retirement benefits. Municipal Corporations, Retirement board, Pensions. CIVIL ACTION commenced in the Superior Court Department on August 12, 2010. The case was heard by Robert A. Cornetta, J., on a motion for judgment on the pleadings. Michael Sacco for the plaintiff. Kirk G. Hanson, Assistant Attorney General, for the defendants. Present: Kantrowitz, Milkey, & Sullivan, JJ. SULLIVAN, J. This is an appeal arising from the erroneous enrollment of a municipal employee in the Haverhill Retirement System (HRS) rather than the Massachusetts Teachers' Retirement System (MTRS). The issue before us is whether the HRS may be required to make a statutorily defined reimbursement to MTRS for the period of time it received mistaken contributions once the employee, and his creditable service, were transferred to MTRS. This question turns on an issue of statutory construction, namely whether service "pertains" to a municipal retirement system within the meaning of G.L. c. 32,

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Massachusetts Law