PERAC Memo #10 - 2000: Implementation of Cavanaugh v. MTAERB and CRAB

Implementation of Cavanaugh v. MTAERB and CRAB

Summary

This memo addresses the final resolution of Cavanaugh v. MTAERS and CRAB, following the Massachusetts Turnpike Authority Employee Retirement Board's withdrawal of its appeal—confirming that Woburn v. Crocker must be applied retroactively to a dual member's original entry date into their first retirement system. Retirement boards must now implement the guidance previously issued in PERAC Memo #33/1999 (which had been placed on hold per Memo #37/1999) and process appropriate member refunds accordingly.

Full Text

PERAC MEMO #10/2000 M E M O R A N D U M TO: All Retirement Boards FROM: Joseph E. Connarton, Executive Director RE: Implementation of Cavanaugh v. MTAERB and CRAB DATE: January 31, 2000 In PERAC Memo #37/1999, the Commission instructed retirement boards to take no action on PERAC Memo #33/1999 since the decision in Cavanaugh v. MTAERS and CRAB was not a final decision. This decision required applying the decision in Woburn v. Crocker retroactively to the date a dual member joined the first retirement system. The Massachusetts Turnpike Authority Employee Retirement Board has now decided to withdraw its appeal of the decision in Cavanaugh. As a result, all retirement boards should now follow the instructions provided in PERAC Memo #33/1999 and make appropriate refunds. Additional copies of this memorandum are available in the PERAC’s Memos section of the Commission’s web sight. We trust the foregoing is of assistance. If you have further questions or concerns, please contact this office.