Appeals Court: State Board of Retirement vs. Brian O’Hare

Keywords:  Retirement. Public Employment, Forfeiture of pension, Police. Police, Regulations. Police Officer. State Police. 

“Brian O’Hare was a sergeant with the Massachusetts State police when he committed the Federal crime of using the internet to entice a person under eighteen to engage in unlawful sexual activity, a charge to which he subsequently pleaded guilty.  This case presents the question whether the State Board of Retirement (board) correctly ordered forfeiture of O’Hare’s retirement allowance under G. L. c. 32, § 15(4). . . .  General Laws c. 32, § 15(4), inserted by St. 1987, c. 697, § 47, provides that ‘[i]n no event shall any member [of the State employees’ retirement system] after final conviction of a criminal offense involving violation of the laws applicable to his office or position, be entitled to receive a retirement allowance.’  Because we hold that O’Hare’s actions had a direct legal link to his position with the State police, we conclude that O’Hare’s conviction required forfeiture pursuant to § 15.” – For the full text of the decision, click on the following link:   State Board of Retirement vs. Brian O’Hare

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