Klapacs v. Contributory Retirement Appeal Board
Klapacs v. Contributory Retirement Appeal Board
Opinion of the Court
The petitioner is a member of the State employees’ retirement system. On September 12, 1955, he filed an application with the State board of retirement (board) for accidental disability retirement under G. L. c. 32, § 7, to take effect March 1, 1955. The board denied the application and the petitioner appealed to the contributory retirement appeal board. G. L. c. 32, § 16 (4). On May 18, 1956, the appeal board, after hearing, affirmed the decision of the board and dismissed the appeal. On May 22, 1956, the petitioner filed a timely request with the appeal board for a rehearing of his application for accidental disability benefits, which request was denied on July 13, 1956.
On July 18, 1956, the petitioner filed with the board an application for superannuation retirement under G. L. c. 32, § 5. At the same time, he requested the board to treat this application as an amendment to his application for accidental disability retirement filed on September 12, 1955, and that the effective date of his superannuation benefits be established as of September 13, 1955. The board granted the application for superannuation retirement as of July 20, 1956, and denied the petition to amend, as matter of law. The appeal board affirmed the board’s decision and dismissed the appeal. The petitioner claimed a judicial review of the appeal board’s decision under G. L. c. 30A, § 14. From a decree affirming the decision of the appeal board the petitioner appealed. G. L. c. 30A, § 15.
There was no error.
We assume that, if the board had discretion to grant the petitioner’s application to amend, its denial of the applica
Decree affirmed.
General Laws c. 30A, § 14 (1), provides that “if a petition for re-hearing has been timely filed with the agency” a judicial review may be obtained by filing a petition in court “within thirty days after receipt of notice of agency denial of such petition for re-hearing.”
Reference
- Full Case Name
- Victor P. Klapacs v. Contributory Retirement Appeal Board
- Status
- Published