Maturo v. State Employees Retirement Commission
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Under the Municipal Employees’ Retirement Act (Act) a retiree cannot continue to collect a pension while reemployed in any full-time position with a participating municipality.
In 1991, Plaintiff retired from his position as a firefighter with the town of East Haven. Plaintiff was awarded a disability pension through his membership in the municipal employees retirement system. From 1997 until 2007, Plaintiff served as mayor of East Haven. During that time, the State Employees Retirement Commission and the retirement services division of the Office of the State Comptroller (collectively, the agencies) determined that Plaintiff could continue to receive his retirement pension under the Act. However, when Plaintiff was again elected mayor in 2011, the agencies concluded that they had previously misconstrued the Act and suspended Plaintiff’s pension. The Commission and the trial court affirmed. The Supreme Court affirmed, holding (1) the agencies properly constructed the reemployment and disability pension provisions of the Act; and (2) the district court did not err in finding that Plaintiff did not rely to his detriment on the agencies’ previous interpretation of the Act and that the Commission did not violate Plaintiff’s equal protection and due process rights.
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