Essex Regional Retirement Board v. Swallow State Board of Retirement v. O'Hare

**242 These two cases present closely related questions concerning the scope of G. L. c. 32, § 15 (4) ( § 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 a violation of the laws applicable to his or her office or position. 3

John Swallow was a police sergeant for the town of Manchester-by-the-Sea on administrative leave when he was charged with several crimes related to the discharge of his personal firearm, charges to which he admitted to sufficient facts to convict.…