Retirement Board v. Buonomo, 467 Mass. 662

John Buonomo retired as a Somerville alderman in 2000 and began receiving a municipal pension; later (2000) he became Middlesex register of probate while continuing to receive his Somerville pension as an inactive member of that system.
In 2008 he was investigated and then charged with multiple counts (breaking into a depository, petit larceny, and embezzlement by a public officer) for taking money from cash vending machines in the courthouse; he pleaded guilty in 2009 and was sentenced.
Somerville Retirement Board voted to forfeit Buonomo’s pension under G. L. c. 32, § 15 (3) and (4); the board notified him and held a hearing, then revoked his pension.
The District Court reversed the board, holding Buonomo’s crimes related to his role as register of probate and not to the alderman position from which he received a pension; the Superior Court affirmed the District Court; the board appealed.
The issue presented to the Supreme Judicial Court was whether § 15(4) requires that the office tied to the criminal conviction be the same office from which the member draws a retirement allowance.

Issue	Plaintiff's Argument (Buonomo)	Defendant's Argument (Board)	Held
Whether § 15(4) applies when convictions involve laws applicable to any public office held by a member, not necessarily the office that provided the pension	§ 15(4) should apply only if convictions relate to the office from which the pension was earned (alderman); no direct nexus here	§ 15(4) requires only that the conviction involve laws applicable to some public office or position of the member; it need not be the pension-paying office	Court held § 15(4) applies so long as the convictions involve laws applicable to the member’s office or position (here, register of probate), even if pension derives from a different office; pension forfeited

State Bd. of Retirement v. Bulger, 446 Mass. 169 (discusses § 15(4) and forfeiture when crimes undermine office integrity)
State Bd. of Retirement v. Woodward, 446 Mass. 698 (forfeiture is mandatory by operation of law after qualifying conviction)
MacLean v. State Bd. of Retirement, 432 Mass. 339 (pension forfeiture is an automatic legal consequence of certain convictions)
Gaffney v. Contributory Retirement Appeal Bd., 423 Mass. 1 (§ 15(4) targets criminal activity connected with the office or position; direct-link test)
Collatos v. Boston Retirement Bd., 396 Mass. 684 (statutory construction of pension-forfeiture provisions; context for legislative amendment)
Hanlon v. Rollins, 286 Mass. 444 (statutory interpretation principles applied)