Opinion

Willis v. Maine State Ret. Sys.

Court
Superior Court of Maine
Filed
May 30, 2003
Status
Unpublished
On the bench
Donald H. Marden
Cited by
0 cases
Authority
More cited than 34.1%

The opinion

STATE OF MAINE SUPERIOR COURT

CIVIL ACTION

KENNEBEC; ss. DOCKET NO. AP-02-40

DEA Kot Sizoa mes

;

RICHARD J. WILLIS,

Petitioner

v. ORDER

DONALD L. GARBRECr

MAINE STATE RETIREMENT LAW LIBRARY

SYSTEM, et al.,

i 2003

Respondents MUG 6

This matter is before the court upon an 18-page petition and complaint under

M. R. Civ. P. 80C seeking review of a recommended Decision of the Board of Trustees of

the Maine State Retirement System dated May 10, 2002, and subsequent Decision by the

Board of Trustees. The Board determined that two 1990 payments to the petitioner

were not “earnable compensation” so as to impact petitioner’s disability retirement

benefits. The payments by School Administrative District No. 71 are alleged by the

petitioner to have been made in the amounts of $300 and $1,100 respectively.

Title 5 M.R.S.A. § 17001(13) defines “earnable compensation” as, subject to

certain exceptions, payment for services rendered in an employment position.

“Earnable compensation” is a factor in determining “average final compensation”

which is defined by 5 M.R.S.A. § 17001(4). This average final compensation is a factor in

computing the amount of service retirement benefits and disability retirement benefits

administered by the Maine State Retirement System to the recipient. Both types of

benefits are based upon time of creditable service. Retirement benefits are established

by 5 M.R.S.A. § 18452 and disability benefits are established by 5 M.R.S.A. § 18528. A

reduction in the amount of creditable service caused by disallowance of earnable

compensation may delay the time when petitioner’s service retirement benefits would

become equal to or exceed the amount of the disability retirement benefits in

accordance with 5 M.R.S.A. § 17929(2)(A).

Petitioner alleges that the two 1990 payments from M.S.A.D. No. 71 were for “on

call consulting and professional activities” and participation in a “safety project.” The

petitioner testified that, “the $300 and the $1,100 work was actually completed in the

‘88/’89 school year. It had to go through a grievance process in order for it to be paid.”

Petitioner argues that the checks were for earnable compensation as a matter of law.

The Maine State Retirement System argues, and the Board concluded, that two

statutes independently disqualify the payments from being “earnable compensation.”

5 M.R.S.A. § 17001(13)(B)(3) provides that earnable compensation does not include “any

other payment that is not compensation for actual services rendered or that is not paid

at the time the actual services are rendered; ...” 5 M.R.S.A. § 17001(14) & (42) establish

that an employee includes a teacher and if the teacher is not an employee who holds

appropriate certification and licenses, it may be an employee of a public school “the

principle function of which is to introduce new learning to students.” The respondents

argue that the petitioner has failed to provide any evidence that the payments were for

introducing students to new learning.

This court must examine the entire record to determine whether on the basis of

all of the testimony and exhibits the agency could reasonably and fairly reach the

conclusion that it did. This court’s responsibility must sustain the agency’s findings if

there is substantial evidence to support them and not substitute its judgment for that of

the agency where there may be a reasonable difference of opinion. Seven Islands Land

Company v. Maine Land Use Regulation Commission, 450 A.2d 475 (Me. 1982). Upon

review of an administrative decision, this court may reverse or modify the decision only

2

if the agency’s findings are in violation of constitutional or statutory provisions, in

excess of the statutory authority of the agency, made upon unlawful procedure, affected

by bias or error of law, unsupported by substantial evidence on the whole record, or

arbitrary or capricious or characterized by abuse of discretion. 5 M.R.S.A.A §

11007(4)(C). It is the obligation of this court to grant deference to an agency’s

interpretation of the internal rules and procedures and application of its statutes. Hale-

Rice v. Maine State Retirement System, 691 A.2d 1232 (Me. 1997).

It is the burden of the petitioner to persuade the Board of his entitlement to have

the payments in question considered “earnable compensation.” If the Board determines

the petitioner has not met the burden, the court will reverse that determination only if

the record compels a contrary conclusion to the exclusion of any other reference. This

court does not so hold.

The entry will be:

The Decision of the Board of Trustees of the Maine State Retirement

System is AFFIRMED.

Dated: May__7?__, 2003 gif.

Donald H. Marden

Justice, Superior Court

Date Filed ___ 6/27/02

Kennebec Docket No. __AP02-40

County

Action Petition for Review

80C

Richard Willis VS.___Maine State Retirement, et als

Plaintiff’s Attorney

Richard Willis, Pro Se

56 Ridgeway Circle

North Waterboro, Maine 04061-9638

Defendant’s Attorney

James Bowie, AAG

6 State House Station

Augusta, Maine 04333-0006

Date of

Entry

6/27/02 Petition and Complaint, filed. s/Willis; Pro Se

7/17/02 Letter entering appearance, filed. s/Bowie, AAG

Motion (With Incorporated Memorandum of Law) to Dismiss the "Petition

and Complaint, filed. s/Bowie, AAG (attached exhibits A,B,C)

Request for Hearing, filed. s/Bowie, AAG ee

7/18/02 ‘Proposed Order, filed.

7/22/02 Certified Copy of the Administrative Record from the Maine State

Retirement System along the complete set of rules of the Retirement

System, filed. Record in Vault

8/6/02 Motion of Opposition to Dismissal of MSRS and State Defendants, filed.

s/Willis, Pro Se

Statement of Service, filed. s/Willis, Pro Se

Motion to Bifurcate and Request for Rule 11 Sanctions Against AAG Bowie,

filed. s/Willis, Pro Se

8/9/02 Reply Memorandum in Support of Dismissal of the "Petition and Complaint"

and Objection to Petitioner's Motion for Bifurcation and Sanctions, filed

s/Bowie, AAG

11/26/02 || Hearing on Motion to Dismiss, Motion to Bifurcate/Rule 11 Sanctions

with Hon. Justice Marden, presiding. Tape #632 Index 3584-3818.

Richard Willis, Pro Se plaintiff not present. James Bowie, AAG for the

State.

Oral arguments made to the court.

Court to dismiss all claims except 80C merits. Court to issue Dismissal.

State to respond by Dec. 15 on merits of appeal.

12/13/02 Respondent's Memorandum of Law in Opposition to the Petition for Review,

filed. s/Bowie, AAG

4/16/03 Letter from Richard Willis regarding pending issues.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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