Joseph Maturo, Jr. v. State Employees Retirement Commission

Summary

The court affirmed the judgment upholding the commission’s suspension of the plaintiff’s disability pension while he served as the full-time, salaried mayor of the municipality from which he had retired. It held that the reemployment statute applies to elective officers and bars receipt of a retirement allowance while a retiree is employed by a participating municipality, regardless of whether the particular position participates in the retirement system. The court also rejected the plaintiff’s reliance, legislative-acquiescence, and equal-protection arguments, and declined to reach his inadequately briefed due-process claims.