Where the Massachusetts Port Authority Employees’ Retirement System denied a petitioner’s request to purchase creditable service for his prior work as a reserve police officer in North Reading, that decision must be reversed because the petitioner is entitled to purchase his prior service from a different retirement system under G.L.c. 32, §3(5).
“Pursuant to G.L.c. 32, §16(4), the Petitioner, Daniel Brown, appeals a decision by the Respondent, the Massachusetts Port Authority Employees’ Retirement System (‘MPAERS’), denying his request to purchase creditable service for his prior work as a reserve police officer in North Reading. …
“This case is governed largely by my prior decision in Shailor v. Bristol County Ret. Bd., CR20-0343, 2023 WL 2535786 (DALA Mar. 10, 2023). As noted in Shailor, a petitioner is entitled to purchase his prior service from a different retirement system if he qualifies under G.L.c. 32, § 3(5). …
“That should be the end of this case: the Petitioner was a reserve police officer in a different system just like the Petitioner in Shailor. He should be entitled to purchase credit for that service. …
“The Petitioner is eligible to purchase his prior service as a reserve police officer in North Reading. MPAERS’s decision denying the Petitioner’s application is reversed.”
Brown v. Massachusetts Port Authority Employees’ Retirement System, et al. (Lawyers Weekly No. 27-013-23) (11 pages) (Tennen, Administrative Magistrate) (Division of Administrative Law...
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