top of page
Search
Writer's pictureDaniel O'Connor

Group 4 classification determined by title

Lennon v. State Retirement Board involved an issue of Group Classification.  Lennon served as an assistant superintendent in a county sheriff’s office. Lennon sought to be classified in group 4 for retirement benefits under G.L. c. 32, § 3(2)(g), which includes positions like sheriff, superintendent, and assistant superintendent of county correctional facilities. The State Board of Retirement denied his request, arguing that his duties, which primarily involved human resources and did not include direct contact with inmates, did not warrant group 4 classification.

The Division of Administrative Law Appeals (DALA), however, ruled in Lennon's favor. The decision hinged on the statutory interpretation of G.L. c. 32, § 3(2)(g), which bases eligibility for group 4 on job titles rather than the specific duties performed. The magistrate emphasized that Lennon’s job title as “assistant superintendent” qualified him for group 4, even though his work did not involve regular contact with inmates.

The magistrate rejected the argument that Lennon’s position was a “sham” designed to circumvent retirement laws, noting there was no evidence of fraud or pension manipulation. As a result, the DALA reversed the board's decision, granting Lennon group 4 classification.

0 views0 comments

Recent Posts

See All

Comments


bottom of page