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KEARNS v. STATE BOARD OF RETIREMENT

No. 12-P-174.

82 Mass. App. Ct. 682 (2012)

HERBERT KEARNS v. STATE BOARD OF RETIREMENT & another.

Appeals Court of Massachusetts, Suffolk.

October 19, 2012.

Attorney(s) appearing for the Case

Crystal L. Matthews for State Board of Retirement.

Paul T. Hynes for the plaintiff.

Present: GRASSO, KANTROWITZ, & GRAHAM, JJ.

GRAHAM, J.

The State Board of Retirement (board) appeals from a judgment on the pleadings entered in the Superior Court reversing a decision of the Contributory Retirement Appeal Board (CRAB). The CRAB decision denied the claimant, Herbert Kearns, a retired police officer, an increase in retirement benefits pursuant to G. L. c. 32, § 90A, to account for a bonus paid to active-duty police officers who pass a physical fitness

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