McCarthy v. Sheriff of Suffolk County
McCarthy v. Sheriff of Suffolk County
Opinion of the Court
The plaintiffs, court officers appointed pursuant to G. L. c. 221, §§ 69,70, and 72, to attend sessions of the Superior and Supreme Judicial courts, filed a bill of complaint for declaratory and injunctive relief, alleging that St. 1972, c. 740, § 10, amending c. 221, § 72, which reduces the mandatory retirement age for court officers from seventy to sixty-five, is unconstitutional if applied to them. Similar bills were filed on behalf of named plaintiffs in Norfolk and Middlesex counties
The relevant facts, as set forth in the statement of agreed facts, are briefly as follows: The plaintiffs are all court officers appointed prior to August 16, 1972, the effective date of the amendment.
All the named plaintiffs have attained the age of sixty-five. All will be retired immediately if the amendment lowering the retirement age is found to be applicable to them. The plaintiffs bring these suits to enjoin the defendants from interfering with their employment as court officers and for a declaration that St. 1972, c. 740, § 10, does not apply to them. We hold that the amendment is applicable to all the plaintiffs, and, as applied, does not contravene either the United States or the Massachusetts Constitutions.
The plaintiffs treat these cases as revolving around the question of retroactivity; first, whether the Legislature intended the statute to operate retroactively, and second, whether such retroactive operation would be constitutional. They assume that application of the amendment to presently employed court officers makes it retroactive, and then argue that such retroactivity would contravene the United States and Massachusetts Constitutions. There is a major fallacy in this analysis. The fact that a nonprocedural statute applies to the plaintiffs does not, in and of itself, make that statute retroactive. Neither does the fact that it draws on antecedent facts for its operation. Cox v. Hart, 260 U. S. 427, 435 (1922). Lewis v. Fidelity & Deposit Co. 292 U. S. 559, 571 (1934). In order to determine whether a statute is retroactive, it is necessary to look at the rights and obligations of the parties as they existed immediately before and after the effective date thereof. It is only where vested substantive rights of the parties have been adversely affected that we can say a statute operates retroactively, and it is only then that we need analyze the nature of the governmental interest involved in order to determine whether the statute, as applied, violates due process. Cf. Bernhardt v. Atlantic Fin. Corp. 311 Mass. 183, 190-191 (1942).
We turn then to an examination of the rights of the plaintiffs immediately before and after the amending legislation. The plaintiffs contend that they possessed
It is well settled that, where an office is created by the Legislature and not by the Constitution, “[I]t may be regulated, limited, enlarged or terminated by law, as public exigency or policy may require.” Taft v. Adams, 3 Gray 126, 130 (1855). Accord, Butler v. Pennsylvania, 10 How. 402, 416 (1850); Barnes v. Mayor of Chicopee, 213 Mass. 1, 4 (1912); Attorney Gen. v. Tufts, 239 Mass. 458, 480 (1921); Williams v. New Bedford, 303 Mass. 213, 214-215 (1939). See Nichols v. Commissioner of Pub. Welfare, 311 Mass. 125, 130 (1942); Commissioner of Admn. v. Kelley, 351 Mass. 686, 691 (1967). Cf. McNeil v. Mayor & City Council of Peabody, 297 Mass. 499 (1937). See also Kingston v. McLaughlin, 359 F. Supp. 25 (D. Mass. 1972), affd. 411 U. S. 923 (1973). The Legislature is free to alter the methods for appointment and removal of State officers, as well as to change their duties or tenure. Collins v. Selectmen of Brookline, 325 Mass. 562, 565 (1950). The fact that an officer is appointed during “good behavior,” removable for cause, does not alter this result. Donaghy v. Macy, 167 Mass. 178 (1896). Thus, the plaintiffs here had no contractual rights to continued government employment.
In our recent Opinion of the Justices, 364 Mass. 847 (1973), we examined the legislative history of § 25 (5) in order to determine the scope of the contractual rights created by that section. We held that, at a minimum, § 25 (5) creates a contractual relationship wherein members of the system are entitled to have the level of rights and benefits in force when they became members preserved substantially in their favor without modification downward. Id. at 860. In characterizing the nature of the contractual rights created, we stated that they are “best understood as meaning that the retirement scheme has
We reject the plaintiffs’ argument that, in enacting § 25 (5), the Legislature intended to provide them with a guaranteed job until age seventy. There is nothing in the legislative history of that section to support this contention. See 1955 House Doc. No. 2500, pp. 40-41, 105-108 (minority report). We may presume that the Legislature was aware of its power to fix and change the tenure of public officers. Cf. Selectmen of Topsfield v. State Racing Commn. 324 Mass. 309, 313 (1949); Condon v. Haitsma, 325 Mass. 371, 373 (1950). There is no indication that, in enacting § 25 (5), it intended impliedly to do away with that power. Pineo v. White, 320 Mass. 487, 491 (1946). Accordingly, we hold that § 25 (5) was intended to create pension security, not job security, and that the plaintiffs have no vested contractual rights to continuation in office.
Our conclusion that the plaintiffs have no vested right to remain employed as court officers until age seventy dis
Similarly, we reject the plaintiffs’ contention that application of the amendment to them constitutes an unconstitutional impairment of contract. The plaintiffs correctly state that “where this court is called upon ... to decide whether state legislation impairs the obligation of a contract, we are required to determine ... these questions: (1) Was there a contract? (2) If so, what obligation arose from it? and (3) Has that obligation been impaired by subsequent legislation?” Detroit United Ry. v. Michigan, 242 U. S. 238, 249 (1916). Accord, Home Bldg. & Loan Assn. v. Blaisdell, 290 U. S. at 429 (1934). They contend, again correctly, that § 25 (5) creates a contract between them and the Commonwealth. Opinion of the Justices, 364 Mass. 847, 856-859 (1973). The next step in their reasoning, however, that the obligation involved is “to permit . . . [them] to work until age 70,” is incorrect. As we stated above, no such obligation was intended, nor was such created, by enactment of §25 (5). Accordingly, no contractual obligations will be impaired by application of c. 740, § 10, to the plaintiffs, and such application will not violate either the Massachusetts or the Federal Constitution. Cf. Reynolds v. Commissioner of Commerce & Dev. 350 Mass. 193, 194 (1966), cert. den. 384 U. S. 1001 (1966).
It is well settled that “a State retains broad discretion to classify as long as its classification has a reasonable basis.” Graham v. Richardson, 403 U. S. 365, 371 (1971), citing Lindsley v. Natural Carbonic Gas Co. 220 U. S. 61, 78 (1911). Williamson v. Lee Optical of Okla. Inc. 348 U. S. 483, 489 (1955). Morey v. Doud, 354 U. S. 457, 465 (1967). McGowan v. Maryland, 366 U. S. 420, 425-427 (1961). Although neither party has introduced evidence to show the rationality vel non of this classification, on the face of the statute,*
Examination of the various groups established by the statute discloses a legislative intent to provide for earlier retirement of those government officers concerned with the safety of the public. Thus, the statute provides for the early retirement of State police officers,
A judgment shall enter in each suit declaring that St. 1972, c. 740, § 10, is constitutional.
So ordered.
By leave of court, the plaintiffs’ bill in the McCarthy case was amended so that the named plaintiffs are bringing this suit in their own behalf and as representatives of all other court officers in the Commonwealth who have a common interest in the subject matter of the suit.
As part of a statute relating to the creation of a court, the amendment became effective thirty days after passage. See G. L. c. 4, § 1; art. 48, The Initiative, II, § 2, of the Amendments to the Massachusetts Constitution.
John J. Howell died on December 6,1972.
For purposes of these cases, the word “pension” is used throughout in a general sense to indicate those benefits payable to a government employee upon and after retirement. No attempt is made to differentiate between payments derived from employee contributions and those from the governmental unit.
General Laws c. 32, § 25 (5), as amended by St. 1956, c. 525, reads: “The provisions of sections one to twenty-eight, inclusive, and of corresponding provisions of earlier laws shall be deemed to establish and to have established membership in the retirement system as a contractual relationship under which members who are or may be retired for superannuation are entitled to contractual rights and benefits, and no amendments or alterations shall be made that will deprive any such member or any group of such members of their pension rights or benefits provided for thereunder, if such member or members have paid the stipulated contributions specified in said sections or corresponding provisions of earlier laws.”
In order to understand the thrust of this argument, it is necessary to explain briefly the operation of the retirement system as it relates to the plaintiffs. The benefits paid pursuant to this system are determined as a percentage of yearly compensation. This percentage is calculated by multiplying the number of years as a member of the retirement system by two and one-half per cent, up to a maximum of eighty per cent (thirty-two years). This percentage is then applied to the annual compensation for the best three consecutive years or last three years of creditable service, whichever is greater. Thus, for each additional year worked up to thirty-two, a member receives an additional two and one-half per cent of salary yearly.
The plaintiffs in these cases fall into three classes: those who already have thirty-two years of creditable service, those with less than thirty-two years’ service, but who will reach the maximum if allowed to work until age seventy, and those who are below thirty-two years and who cannot reach maximum even if allowed to work until age seventy. As to the latter two classes, employment until age seventy will increase their applicable percentage, and thus will clearly affect the pension benefits they will receive. With regard to those in the first class, their benefits will be affected by early retirement only if there are salary increases until they attain age seventy. They cannot earn a higher percentage, but they can attain a higher salary base upon which to apply their eighty per cent multiplier.
This argument is not applicable to the plaintiff Sweeney, who is not a member of the State retirement system. As to him, the holding above disposes of the case.
This holding is bolstered by the fact that the law existing at the time a contract is made is read into that contract. Home Bldg. &Loan Assn. v. Blaisdell, 290 U. S. 398, 429-430 (1934). Thus, when the Commonwealth created contractual rights in the plaintiffs’ pension benefits, these rights were created subject to the reserved power of the Legislature to alter their terms of office.
This result is consistent with that reached in New York in a case arising under the New York constitutional provision on which our statutory provision is based. See 1955 House Doc. No. 2500, pp. 105-108 (minority report). See also Opinion of
Although the amendment to c. 221, § 72, does not refer to the retirement statutes, G.L. c. 32, § 1 and § 3 (2) (g), examination thereof is necessitated by the plaintiffs’ attack.
But cf. Murgia v. Commonwealth of Mass. Bd. of Retirement, 376 F. Supp. 753 (D. Mass. 1974), where a three-judge court struck down a provision requiring mandatory retirement of certain State police officers at age fifty. In the Murgia case, the court found the age selected to be arbitrary, but in so doing, it did not preclude legislative classification on the basis of public safety, as long as the lines drawn are reasonable.
I.e., fire control and crash crewmen at Logan airport, steam engineers, boiler operators, certain ambulance attendants, and so forth.
Dissenting Opinion
(dissenting in part). I agree with most of what is said in the opinion of the court, but I do not think the 1972 statute was intended to apply to court officers who before August 16, 1972, had attained age sixty-five while classified in Group 1. As applied to such employees the result reached by the court treats court officers more harshly than others whose classification is changed. Although the Legislature has power to direct that result, I do not believe it intended to exercise that power.
Statute 1972, c. 740, § 10, amending G. L. c. 221, § 72,
Before the 1972 amendment to § 72, the court officers who had attained age sixty-five were classified as members of Group 1, established by G. L. c. 32, § 3 (2) (g), as amended. A member of Group 1 is required to retire on the last day of the month in which he attains age seventy; a member of Group 2 is required to retire on the last day of the month in which he attains age sixty-five.
Court officers are subject both to G.L.c. 221, § 72, and to G. L. c. 32, §§ 1-28. Burnside v. Bristol County Bd. of Retirement, 352 Mass. 481, 485 (1967). On previous occasions, when classifications were changed, the Legislature
I would read the 1972 amendment to G. L. c. 221, § 72, as transferring court officers from Group 1 to Group 2, subject to all the provisions of our statutes governing such transfers. On this reading, those who had attained age sixty-five while classified in Group 1 would not be classified in Group 2. They would remain subject to involuntary retirement at age seventy. Contrast Kingston v. McLaughlin, 359 F. Supp. 25, 27 (D. Mass. 1972), affd. 411 U. S. 923 (1973), where the plaintiffs, if not subject to the amendment, would not have been subject to involuntary retirement at all. Since all but six of the present plaintiffs attained age sixty-five while classified in Group 1, they would on my reading remain in Group 1 and would be subject to involuntary retirement at age seventy rather than at age sixty-five.
1972 Sen. Doc. No. 1277, p. 12.
1972 House Journal, p. 2249.
1972 Senate Journal, pp. 1970-1971.
G.L.c. 32, § 1, defining “Maximum Age,” as appearing in St. 1967, c. 826, § 1. G.L.c. 32, § 3 (2) (e) and (f), both as amended.
G. L. c. 32, § 3 (2) (g), Group 2, as amended through St. 1972, c. 284, § 1.
See St. 1967, c. 826, § 3; 1967 House Doc. No. 5316, p.17.
Reference
- Full Case Name
- John E. McCarthy & Others vs. Sheriff of Suffolk County & Others (And Two Companion Cases)
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- 45 cases
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- Published