Retired firefighter appealed from decision of the State Employees Retirement Commission suspending his receipt of disability retirement pension benefits while he served as mayor.
The Superior Court affirmed and dismissed appeal. Firefighter appealed.
The Supreme Court of Connecticut held that:
- Firefighter accepted “employment” by accepting nonparticipating position of mayor for a participating municipality and was an “employee” of the town, for purposes of the provision of the Municipal Employees’ Retirement Act governing members of the retirement system who, having retired and begun to collect a retirement pension, again accepted public employment in the state, which provided that “[s]uch member shall receive no retirement allowance while so employed,” and
- Act did not contact legislative intent to preclude a member from continuing to receive a retirement pension only while reemployed in a participating, as opposed to a nonparticipating, position.