Legal Opinion · Dissent

Kennebec County v. Maine Public Employees Retirement System

Supreme Judicial Court of Maine

Decided February 20, 2014No. Docket BCD-13-212Published

1DissentSilver, J.

[¶ 27] I respectfully disagree with the Court’s interpretation of 5 M.R.S. § 17103(6) (2013). The plain language of the statute grants the Board the authority to make a final administrative decision in all matters affecting the rights, credits, and privileges of all members of the retirement system. I discern no statutory basis for limiting the Board’s authority based on when the members at issue joined the System. Because I conclude that the Board properly exercised jurisdiction, I would reach the merits of the Board’s decision, and would affirm.

A. The Board’s Authority

[¶ 28] As the Court…

2Cases cited8 opinions

  1. Friends of Lincoln Lakes v. Board of Environmental ProtectionSupreme Judicial Court of Maine · 2010
  2. Imagineering, Inc. v. Superintendent of InsuranceSupreme Judicial Court of Maine · 1991
  3. Central Maine Power Company v. Devereux Marine, Inc.Supreme Judicial Court of Maine · 2013
  4. Wister v. Town of Mount DesertSupreme Judicial Court of Maine · 2009
  5. Maine School Administrative District No. 27 v. Maine Public Employees Retirement SystemSupreme Judicial Court of Maine · 2009

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