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PLYMOUTH CTY. RET. v. COMMR. OF PUB. EMPLOYEE RET.

410 Mass. 307 (1991)

571 N.E.2d 1386

PLYMOUTH COUNTY RETIREMENT ASSOCIATION & another vs. COMMISSIONER OF PUBLIC EMPLOYEE RETIREMENT.

Supreme Judicial Court of Massachusetts, Plymouth.

June 4, 1991.

Attorney(s) appearing for the Case

Ruth A. Bourquin, Assistant Attorney General, for the Commissioner of Public Employee Retirement.

Thomas A. Hickey, III, for Plymouth County Retirement Association.

Gregory F. Galvin, for the intervener, was present but did not argue.

Present: LIACOS, C.J., WILKINS, NOLAN, LYNCH, & O'CONNOR, JJ.

LIACOS, C.J.

The plaintiff, the Plymouth County Retirement Association (Plymouth board), and the intervener, the Brockton retirement board (Brockton board), sought and obtained a declaratory judgment against the Commissioner of Public Employee Retirement (commissioner) for exceeding "his statutory authority under G.L.c. 32, § 21 (1) (d) [1988 ed.] by remanding the boards' decisions to award death benefit allowances...

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