126 Conn. App. 746
Conn. App. Ct.2011Background
- Greene, a former Waterbury firefighter, sought disability retirement under the city ordinance incorporated into the bargaining agreement.
- Disability pension eligibility requires meeting three conditions to be a 'participant': in city service, eligible to participate, and actually participating in the retirement system.
- Greene submitted a disability pension application on June 1, 2006; independent medical examinations were scheduled for him in 2006.
- On August 7, 2006, Greene voluntarily resigned and submitted a form withdrawing his retirement contributions, effectively withdrawing from participation.
- Greene sought to reinstate or resubmit his disability pension application on September 12, 2006; the board denied the request on October 12, 2006.
- The trial court upheld the board’s denial, and Greene appealed, challenging the board’s interpretation and discretionary decision.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Greene was a participant under the ordinance at the September 12, 2006 request. | Greene contends he remained eligible for disability benefits under the ordinance. | Greene was not a participant because he had resigned and withdrawn contributions. | No; not a participant, thus not eligible. |
| Whether the board acted arbitrarily in denying resubmission of the disability application. | Board acted arbitrarily by denying despite Greene meeting disability requirements. | Board correctly applied the eligibility requirement that only participants may receive a disability pension. | Board did not act arbitrarily; decision upheld. |
Key Cases Cited
- O'Connor v. Waterbury, 286 Conn. 732 (2008) (administrative-review standards for agency decisions; contract incorporation)
- Alexander v. Retirement Board, 57 Conn.App. 751 (2000) (when legal determinations, plenary review; substantial evidence for factual findings)
- D'Agostino v. Housing Authority, 95 Conn.App. 834 (2006) (collective bargaining agreements as contracts; incorporation of other documents)
- Prymas v. New Britain, 122 Conn.App. 511 (2010) (contract interpretation principles; ambiguity governs by contract language)
- Barton v. Bristol, 291 Conn. 84 (2009) (ordinance incorporated by reference into collective bargaining agreement)