Legal Opinion

Herrick v. ESSEX REGIONAL RETIREMENT BOARD

Massachusetts Appeals Court

Decided September 10, 2010No. 09-P-1351PublishedCited by 17 opinions

1Opinion of the CourtFecteau, J.

The Essex Regional Retirement Board (ERRB) appeals from a Superior Court judgment that reversed the denial of Robert D. Herrick’s application for a superannuation retirement. ERRB denied Herrick’s application on the ground that he had forfeited his right to a pension due to “moral turpitude” as provided in G. L. c. 32, § 10(1). 2 A magistrate in the Division of Administrative Law Appeals (DALA) upheld that decision. The Contributory Retirement Appeal Board (CRAB) affirmed in a divided decision, the majority stating that “the behavior attendant to Herrick’s resignation was moral turpitude,”…

2Cases cited25 opinions

  1. United States v. Ven-Fuel, Inc.Court of Appeals for the First Circuit · 1985
  2. Hanlon v. RollinsMassachusetts Supreme Judicial Court · 1934
  3. Sullivan v. Town of BrooklineMassachusetts Supreme Judicial Court · 2001
  4. GTE Products Corp. v. StewartMassachusetts Supreme Judicial Court · 1995
  5. Nuclear Metals, Inc. v. Low-Level Radioactive Waste Management BoardMassachusetts Supreme Judicial Court · 1995

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3Cited by17 opinions

  1. Retirement Board v. BuonomoMassachusetts Supreme Judicial Court · 2014
  2. Bednark v. Catania Hospitality Group, Inc.Massachusetts Appeals Court · 2011
  3. Commonwealth v. RodriguezMassachusetts Appeals Court · 2013
  4. Garney v. Massachusetts Teachers' Retirement SystemMassachusetts Supreme Judicial Court · 2014
  5. Scully v. Retirement BoardMassachusetts Appeals Court · 2011

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