Clark v. Waterford, Cohanzie Fire Dept. (Dissent)

Summary

Justice Ecker dissented from the majority's construction of the heart-and-hypertension benefits statute. The dissent would hold that the statutory definition of "member" governing the municipal retirement system does not apply to the terms "uniformed member" and "regular member" in the benefits statute because the statutory text, context, remedial purpose, and legislative history show that benefits were intended for eligible municipal firefighters and police officers without regard to CMERS participation or part-time status. No separate opinion appears in the supplied record.