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MAHER v. JUSTICES OF THE QUINCY DIVISION OF THE DISTRICT COURT DEPARTMENT

No. 05-P-1785.

67 Mass. App. Ct. 612 (2006)

RALPH MAHER v. JUSTICES OF THE QUINCY DIVISION OF THE DISTRICT COURT DEPARTMENT & another.

Appeals Court of Massachusetts, Norfolk.

October 27, 2006.

Attorney(s) appearing for the Case

Frank J. McGee for the plaintiff.

Michael Sacco for retirement board of Quincy.

Jonathan C. Green & Monica E. Conyngham, for city of Quincy, amicus curiae, submitted a brief.

Present: DOERFER, KAFKER, & MILLS, JJ.

KAFKER, J.

The first question we must decide is whether the retirement board of Quincy (board) properly required the plaintiff, Ralph Maher, to forfeit his retirement allowance pursuant to G. L. c. 32, § 15(4), which provides that no member of a public employee retirement system shall be entitled to a retirement allowance after conviction of a criminal offense involving violation of the laws applicable to his office or position. If the board correctly interpreted...

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