PUBLIC PENSIONS - RHODE ISLAND

Beaudry v. Rossi

Supreme Court of Rhode Island - June 9, 2023 - 295 A.3d 349

Personal representative of firefighter’s estate brought action against town arising from dispute over calculation of firefighter’s disability retirement benefits. The Superior Court granted town’s motion for summary judgment. Personal representative appealed.

The Supreme Court held that:

Amendment to town’s pension plan that gave town council, sitting as plan administrators, the exclusive right to interpret and decide matters under plan was not validly enacted at time of firefighter’s disability retirement, and therefore firefighter was not required to exhaust the administrative remedy set forth in amendment before pursuing action against town arising from dispute over calculation of his disability retirement benefits, where town charter reserved the power to change town’s pension plan in town council, town council did not authorize any town official to act on its behalf, and council never voted on amendment.



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