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MASSACHUSETTS TEACHERS' RETIREMENT SYSTEM v. CONTRIBUTORY RETIREMENT APPEAL BOARD

SJC-11287

466 Mass. 292 (2013)

MASSACHUSETTS TEACHERS' RETIREMENT SYSTEM v. CONTRIBUTORY RETIREMENT APPEAL BOARD & another.

Supreme Judicial Court of Massachusetts, Suffolk.

August 28, 2013.

Attorney(s) appearing for the Case

James C. O'Leary ( James H. Salvie , Special Assistant Attorney General, with him) for the plaintiff.

Kirk G. Hanson , Assistant Attorney General, for Contributory Retirement Appeals Board.

Timothy J. Smyth , for Boston Retirement Board, amicus curiae, submitted a brief.

Present: IRELAND, C.J., SPINA, CORDY, BOTSFORD, GANTS, DUFFLY, & LENK, JJ.

DUFFLY, J.

We are called upon to settle a dispute between two administrative agencies, the Massachusetts Teachers' Retirement System (MTRS) and the Contributory Retirement Appeal Board (CRAB), concerning the validity of a regulation promulgated by MTRS.2

James T. Walsh had been a professional electrician for many years when, in 1980, he was certified by the Department of Education to teach in his occupational field. In October...

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