Kearns v. State Board of Retirement

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 *683test. On appeal, the board argues that the Superior Court judge erred in concluding that the claimant was entitled to an increase in his retirement benefits because the physical…