FINE v. CONTRIBUTORY RETIREMENT APPEAL BOARD.


401 Mass. 639 (1988)

518 N.E.2d 1151

ISRAEL FINE vs. CONTRIBUTORY RETIREMENT APPEAL BOARD.

Supreme Judicial Court of Massachusetts, Suffolk.

February 8, 1988.


Attorney(s) appearing for the Case

Mark P. Sutliff, Assistant Attorney General, for Contributory Retirement Appeal Board.

Norman A. Erlich (Glenn D. Barnes with him) for the plaintiff.

Present: HENNESSEY, C.J., ABRAMS, NOLAN, LYNCH, & O'CONNOR, JJ.


ABRAMS, J.

The Contributory Retirement Appeal Board (CRAB) appeals from a decision of a judge in the Superior Court that the plaintiff's classification as a Group 4 employee subject to retirement at age sixty-five, G.L.c. 32, § 3 (2) (g) (1986 ed.), violates the plaintiff's "constitutional right to equal protection under the law." The judge ordered the plaintiff's reassignment to Group 1 of the State employees' retirement system "with all statutory rights...

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