ESSEX REGIONAL RETIREMENT BOARD v. SWALLOW

SJC-12458, SJC-12511.

481 Mass. 241 (2019)

ESSEX REGIONAL RETIREMENT BOARD v. JOHN SWALLOW & others. STATE BOARD OF RETIREMENT v. BRIAN O'HARE & others.

Supreme Judicial Court of Massachusetts, Essex, Suffolk.

January 18, 2019.


Attorney(s) appearing for the Case

Thomas C. Fallon for John Swallow.

Eric B. Tennen for Brian O'Hare.

Michael Sacco for Essex Regional Retirement Board.

David R. Marks , Assistant Attorney General, for State Board of Retirement.

Present: GANTS, C.J., LENK, GAZIANO, LOWY, BUDD, & CYPHER, JJ.


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...

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