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RETIREMENT BOARD OF STONEHAM v. CONTRIBUTORY RETIREMENT APPEAL BOARD

SJC-12098.

476 Mass. 130 (2016)

RETIREMENT BOARD OF STONEHAM v. CONTRIBUTORY RETIREMENT APPEAL BOARD & another.

Supreme Judicial Court of Massachusetts, Middlesex.

December 22, 2016.

Attorney(s) appearing for the Case

Douglas S. Martland , Assistant Attorney General, for Contributory Retirement Appeal Board.

Thomas F. Gibson for Christine DeFelice.

Michael Sacco for the plaintiff.

Present: GANTS, C.J., BOTSFORD, LENK, HINES, GAZIANO, LOWY, & BUDD, JJ.

This case requires us to answer two questions: (1) whether a municipal retirement board possesses absolute discretion to terminate a part-time employee's membership in a retirement system to which that board has granted the employee membership; and (2) even if such a board does not have the power to terminate a part-time employee's membership...

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