Collatos v. Boston Ret. Bd., 488 N.E.2d 401 (Mass. 1986). · Go Syfert
Collatos v. Boston Ret. Bd., 488 N.E.2d 401 (Mass. 1986). Cases Citing This Book View Copy Cite
“a statute designed to enforce the law by punishing offenders, rather than simply by enforcing restitution to those damaged, is in the nature of a penal statute. . . . must be construed strictly.”
60 citation events (44 in the last 25 years) across 3 distinct courts.
Strongest positive: Care and Protection of Jaylen (mass, 2024-04-17)
Treatment trajectory · 1986 → 2026 · click a year to view as-of
1986 2006 2026
Top citers, strongest first. 33 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Care and Protection of Jaylen
Mass. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
the 'statutory expression of one thing is an implied exclusion of other things omitted from the statute
discussed Cited as authority (verbatim quote) SALVATORE F. DIMASI v. WILLIAM F. GALVIN, in His Official Capacity as SECRETARY OF THE COMMONWEALTH OF MASSACHUSETTS (2×) also: Cited as authority (rule)
Mass. Super. Ct. · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
a statute designed to enforce the law by punishing offenders, rather than simply by enforcing restitution to those damaged, is in the nature of a penal statute. . . . must be construed strictly.
discussed Cited as authority (verbatim quote) Pelonzi v. Retirement Board
Mass. · 2008 · signal: see also · quote attribution · 1 verbatim quote · confidence high
statutory expression of one thing is an implied exclusion of other things omitted from the statute
discussed Cited as authority (verbatim quote) Protective Life Insurance v. Sullivan
Mass. · 1997 · quote attribution · 1 verbatim quote · confidence high
it is appropriate to follow the maxim that the statutory expression of one thing is an implied exclusion of other things omitted from the statute
discussed Cited as authority (rule) Anderson v. National Union Fire Insurance Co. of Pittsburgh PA
Mass. · 2017 · confidence medium
The statute is thus a “penal statute” akin to other statutes “designed to enforce the law by punishing offenders, rather than simply by enforcing restitution to those damaged.” See Collatos v. Boston Retirement Bd., 396 Mass. 684, 686 (1986) (construing pension forfeiture statute).
discussed Cited as authority (rule) Public Employee Retirement Administration Commission v. Bettencourt (2×) also: Cited "see, e.g."
Mass. · 2016 · confidence medium
However, this does not preclude reasonable modifications of the pension plan prior to the employees’ retirement [to maintain the financial viability of the plan]. ...” 14 The public employee retirement administration commission (PERAC) argues that to the extent Collatos v. Boston Retirement Bd., 396 Mass. 684, 686 (1986), implies that forfeiture of a pension involves property, the case was concerned with G.
discussed Cited as authority (rule) Garney v. Massachusetts Teachers' Retirement System (2×) also: Cited "see"
Mass. · 2014 · confidence medium
See Gaffney, 423 Mass. at 3 & n.3; Collatos v. Boston Retirement Bd., 396 Mass. 684, 686-687 (1986) (G.
discussed Cited as authority (rule) Sheehan v. Weaver
Mass. · 2014 · confidence medium
“We begin with the language of the statute itself and ‘presume, as we must, that the Legislature intended what the words of the statute say.’ ” Commonwealth v. Young, 453 Mass. 707, 713 (2009), quoting Collatos v. Boston Retirement Bd., 396 Mass. 684, 687 (1986).
discussed Cited as authority (rule) Retirement Board v. Buonomo (2×) also: Cited "see"
Mass. · 2014 · confidence medium
See Gaffney v. Contributory Retirement Appeal Bd., 423 Mass. 1 , 3 n.3 (1996); Collatos v. Boston Retirement Bd., 396 Mass. 684, 686-687 (1986).
discussed Cited as authority (rule) Commonwealth v. Williamson
Mass. · 2012 · confidence medium
L. c. 6, § 178H (a) (3), permits judicial discretion, we start “with the language of the statute itself and ‘presume, as we must, that the Legislature intended what the words of the statute say.’ ” Commonwealth v. Young, 453 Mass. 707, 713 (2009), quoting Collatos v. Boston Retirement Bd., 396 Mass. 684, 687 (1986).
discussed Cited as authority (rule) Commonwealth v. Magnus M.
Mass. · 2012 · confidence medium
As a result, we have allowed “certain basic changes in the traditional method of dealing with criminal offenders,” Metcalf, supra, and empowered Juvenile Court judges with “very broad discretion . . . with regard to disposition.” Police Comm’r, supra at 667. 4 With these principles in mind, we turn now to the language and structure of § 58, presuming “as we must, that the Legislature intended what the words of the statute say.” Commonwealth v. Young, 453 Mass. 707, 713 (2009), quoting Collatos v. Boston Retirement Bd., 396 Mass. 684, 687 (1986).
cited Cited as authority (rule) Maynard Retirement Board v. Justices of Concord Division
Mass. Super. Ct. · 2011 · confidence medium
Bd., 396 Mass. 684, 686-87 (1986).
discussed Cited as authority (rule) Massachusetts Care Self-Insurance Group, Inc. v. Massachusetts Insurers Insolvency Fund
Mass. · 2010 · confidence medium
When construing a statute, however, “[w]e begin with the language of the statute itself and ‘presume, as we must, that the Legislature intended what the words of the statute say.’ ” Commonwealth v. Young, 453 Mass. 707, 713 (2009), quoting Collatos v. Boston Retirement Bd., 396 Mass. 684, 687 (1986).
discussed Cited as authority (rule) Herrick v. ESSEX REGIONAL RETIREMENT BOARD
Mass. App. Ct. · 2010 · confidence medium
As expressed in Collatos v. Boston Retirement Bd., 396 Mass. 684, 686 (1986) (citations omitted), “[a] statute designed to enforce the law by punishing offenders, rather than simply by enforcing restitution to those damaged, is in the nature of a penal statute.
discussed Cited as authority (rule) Commonwealth v. Young
Mass. · 2009 · confidence medium
Turning to the heart of the Commonwealth’s appeal, we consider whether the residual clause making a predicate offense “any other felony that by its nature involves a substantial risk that physical force against the person of another may result” encompasses unlicensed possession of a firearm. 9 ’ 10 We begin with the language of the statute itself and “presume, as we must, that the Legislature intended what the words of the statute say.” Collatos v. Boston Retirement Bd., 396 Mass. 684, 687 (1986).
discussed Cited as authority (rule) Johnson's Case
Mass. App. Ct. · 2007 · confidence medium
“A statute designed to enforce the law by punishing offenders, rather than simply by enforcing restitution to those damaged, is in the nature of a penal statute.” Collatos v. Boston Retirement Bd., 396 Mass. 684, 686 (1986).
cited Cited as authority (rule) Whitty v. Barnstable County Retirement Ass'n
Mass. Super. Ct. · 2007 · signal: cf. · confidence medium
Cf. Collatos v. Boston Retirement Board, 396 Mass. 684, 686-87 (1986).
cited Cited as authority (rule) Magane v. Concannon
Mass. Super. Ct. · 2006 · confidence medium
Bd., 396 Mass. 684, 687 (1986).
discussed Cited as authority (rule) State Board of Retirement v. Bulger (2×) also: Cited "see"
Mass. · 2006 · confidence medium
See Gaffney v. Contributory Retirement Appeal Bd., 423 Mass. 1 , 3 n.3 (1996); Collatos v. Boston Retirement Bd., 396 Mass. 684, 686-687 (1986).
cited Cited as authority (rule) Fidelity & Deposit Co. of Maryland v. Sproules
Mass. App. Ct. · 2003 · confidence medium
Collates v. Boston Retirement Bd., 396 Mass. 684, 687-688 (1986).
cited Cited as authority (rule) Joyce v. GF/Pilgrim, Inc.
Mass. Super. Ct. · 2003 · confidence medium
Co. v. Sullivan, 425 Mass. 615, 620 (1997); Collatus v. Boston Retirement Bd., 396 Mass. 684, 687 (1986).
discussed Cited as authority (rule) Brittle v. City of Boston
Mass. · 2003 · confidence medium
L. c. 32, § 15 (3A), which mandates forfeiture of retirement benefits by public employees convicted of certain enumerated offenses: “Even if the Legislature did not foresee the possibility of a public employee who might have been convicted under one of the two enumerated Massachusetts statutes being convicted under an arguably equivalent Federal statute, it is not our function judicially to amend the statute to cover this eventuality.” Collatos v. Boston Retirement Bd., 396 Mass. 684, 688 (1986), citing Thacher v. Secretary of the Commonwealth, 250 Mass. 188, 190-191 (1924).
discussed Cited as authority (rule) MacLean v. State Board of Retirement
Mass. · 2000 · confidence medium
See Doherty v. Retirement Bd. of Medford, 425 Mass. 130, 137 (1997) (holding that, despite term “forfeiture” in § 15 [1], it was “not so punitive”); Gaffney v. Contributory Retirement Appeal Bd., 423 Mass. 1 , 3 n.3 (1996) (commenting that statute is penal only for purposes of statutory construction and noting that § 15 [4] causes “loss of only future benefit payments and accumulated interest”); Collatos v. Boston Retirement Bd., 396 Mass. 684, 686-687 (1986) (stating § 15 [3A] is penal for purposes of statutory construction and implying that statute constitutes “punishment”…
discussed Cited as authority (rule) Doherty v. Medford Retirement Board
Mass. Super. Ct. · 1995 · confidence medium
Penal statutes are those statutes “designed to enforce the law by punishing offenders, rather than simply by enforcing restitution to those damaged.” Collatos v. Boston Retirement Board, 396 Mass. 684, 686 (1986) (emphasis added).
discussed Cited as authority (rule) DeLeire v. Contributory Retirement Appeal Board
Mass. App. Ct. · 1993 · confidence medium
The only two subsections of that statute providing for complete forfeiture after conviction, however, are (3A), which is inapplicable by its terms to DeLeire’s offense, see Collatos v. Boston Retirement Bd., 396 Mass. 684, 685 (1986), and (4), which is inapplicable to any criminal offense, such as DeLeire’s, committed before January 12, 1988.
examined Cited as authority (rule) Commonwealth v. Caracciola (4×)
Mass. · 1991 · confidence medium
“It is an ancient rule, to which we have long adhered, that ‘[p]enal statutes must be construed strictly and not extended by equity, or by the probable or supposed intention of the legislature as derived from doubtful words; but that in order to charge a party with a penalty, he must be brought within its operation, as manifested by express words or necessary implication . . . .’ We examine the statute, therefore, particularly mindful that its words are not to be stretched to accomplish a result not expressed.” Collatos v. Boston Retirement Bd., 396 Mass. 684, 686-687 (1986), quoting L…
discussed Cited as authority (rule) Arruda v. Contributory Retirement Appeal Board (2×) also: Cited "see"
Mass. App. Ct. · 1990 · confidence medium
In Collatos v. Boston Retirement Bd., 396 Mass. 684, 686 (1986), the court, in considering the application of G.
discussed Cited "see" Commonwealth v. Michael Shehadi
Mass. App. Ct. · 2024 · signal: see · confidence high
See Commonwealth v. Young, 453 Mass. 707, 713 (2009), quoting Collatos v. Boston Retirement Bd., 396 Mass. 684, 687 (1986) (we must presume "that the Legislature intended what the words of the statute say").
cited Cited "see" DiMasi v. State Board of Retirement
Mass. · 2016 · signal: see · confidence high
See Gaffney v. Contributory Retirement Appeal Bd., 423 Mass. 1 , 3 n.3 (1996), citing Collatos v. Boston Retirement Bd., 396 Mass. 684, 686-687 (1986).
cited Cited "see" eVineyard Retail Sales-Massachusetts, Inc. v. Alcoholic Beverages Control Commission
Mass. · 2008 · signal: see · confidence high
See Collatos v. Boston Retirement Bd., 396 Mass. 684, 686 (1986).
cited Cited "see" American Dog Owners Association, Inc. v. Lynn
Mass. · 1989 · signal: see · confidence high
See Collatos v. Boston Retirement Bd., 396 Mass. 684, 686 (1986), and cases cited.
discussed Cited "see" Massachusetts Bay Transportation Authority v. Massachusetts Bay Transportation Authority Retirement Board (2×) also: Cited "see, e.g."
Mass. · 1986 · signal: see · confidence high
See Collatos, supra at 688 . 2.
cited Cited "see, e.g." Doherty v. Retirement Board of Medford
Mass. · 1997 · signal: see, e.g. · confidence low
See, e.g., Commonwealth v. One 1972 Chevrolet Van, supra. Doherty notes that in Collatos v. Boston Retirement Bd., 396 Mass. 684 (1986), we held that G.
Retrieving the full opinion text from the archive…
George N. Collatos vs. Boston Retirement Board & Another
Massachusetts Supreme Judicial Court.
Feb 5, 1986.
488 N.E.2d 401
Marie M. Lawlor, Assistant Corporation Counsel, for the city of Boston, intervener., Donald K. Stern for the plaintiff., James F. O’Donnell, for Boston Retirement Board, submitted a brief.
Wilkins, Liacos, Abrams, Nolan, Lynch.
Cited by 39 opinions  |  Published
Liacos, J.

The outcome of this appeal depends on our interpretation of G. L. c. 32, § 15 (3A) (1984 ed.), a statute mandating the forfeiture of retirement benefits by public employees who have been convicted of certain offenses. The parties filed cross motions for summary judgment in the Superior Court. Judgment was entered for the plaintiff. The[*685] defendants appealed. We transferred the appeal to this court on our own motion.

The defendants argue that the language of the statute is to be construed broadly, so that conviction of a Federal offense will result in forfeiture of benefits. The plaintiff argues that the statute may be applied only to those persons convicted of the specific offenses designated by the Legislature. We agree with the latter contention, and affirm.

The plaintiff, George N. Collates (Collates), was an employee of the Boston Redevelopment Authority who submitted his resignation on March 2, 1982, to be effective on March 15, 1982. Two days after the effective date of his resignation, Collates pleaded guilty and was convicted in the United States District Court of a violation of 18 U.S.C. § 1951 (1982). [2] Nevertheless, the Boston retirement board (Board) approved Collates’s superannuation retirement application on July 22, 1982, and he began receiving his retirement benefits as of the effective date of his resignation. On January 4, 1983, G. L. c. 32, § 15 (3A), became effective. [3] On August 29, 1983, the Board notified Collates that his retirement benefits were terminated by a vote of the Board as of August 22, 1983. [4] The Board’s decision followed an opinion of the corporation counsel of the city of Boston (city) that G. L. c. 32, § 15 (3A), required termination of benefits.

[*686] Collates filed a complaint against the Board seeking a declaration that the Board’s action was unlawful. The city was allowed to intervene. The parties then filed a statement of agreed facts. The trial judge granted Collates’s motion for summary judgment.

It is “[wjell established . . . that ‘[t]he duty of statutory interpretation is for the courts. ’ Cleary v. Cardullo’s Inc., 347 Mass. 337, 344 (1964).” Casey v. Massachusetts Elec. Co., 392 Mass. 876, 879 (1984). The language of the statute is clear and unambiguous. Hashimi v. Kalil, 388 Mass. 607, 609 (1983). Hoffman v. Howmedica, Inc., 373 Mass. 32, 37 (1977). The statute imposes a penalty on employees convicted of certain offenses. In addition to the punishment provided for the violation of G. L. c. 268A, the Legislature sought to enforce the criminal law by suspending the sword of retirement benefits forfeiture over those employees who otherwise might be tempted to transgress. As further punishment for the abuse of their public positions, convicted employees lose not only the benefits of the public-employee retirement system but also the return of their “accumulated total deductions.” G. L. c. 32, § 15 (3A).

A statute designed to enforce the law by punishing offenders, rather than simply by enforcing restitution to those damaged, is in the nature of a penal statute. See 3 C. Sands, Sutherland Statutory Construction § 59.01 (4th ed. 1974). Cf. Brown v. Taunton, 16 Mass. App. Ct. 614, 618-619 (1983) (construing the forfeiture provisions of G. L. c. 268A, § 25). Forfeiture of property, though it may also have the purpose of preventing further illicit activity involving the property, is punitive. Commonwealth v. One 1972 Chevrolet Van, 385 Mass. 198, 201 (1982). Statutes seeking to protect the public, or society as a whole, against injury are commonly viewed as penal in nature. Sackett v. Sackett, 8 Pick. 309,319 (1829). 3 C. Sands, supra.

It is an ancient rule, to which we have long adhered, that “[pjenal statutes must be construed strictly ‘and not extended by equity, or by the probable or supposed intention of the legislature as derived from doubtful words; but that in order to charge a party with a penalty, he must be brought within its operation, as manifested by express words or necessary impli[*687] cation.’ ” Libby v. New York, N.H. & H. R.R., 273 Mass. 522, 525-526 (1930), quoting Cleaveland v. Norton, 6 Cush. 380, 383 (1851). Commonwealth v. Clinton, 374 Mass. 719, 721 (1978). Commonwealth v. Hayden, 211 Mass. 296, 297 (1912). We examine the statute, therefore, particularly mindful that its words are not to be stretched to accomplish a result not expressed.

The statute operates “after final conviction of an offense set forth in section two of chapter two hundred and sixty-eight A or section twenty-five of chapter two hundred and sixty-five pertaining to police or licensing duties.” G. L. c. 32, § 15 (3A). The Legislature has chosen two crimes that are to be enforced by the additional mechanism of § 15 (3A), and it has precisely denoted them. Not only is the statute specific in enumerating the particular statutory violations triggering its operation, but it specifies that only a portion of one of the two enumerated sections is involved. The Legislature recognized the exactitude required in a penal statute, and the language of the statute demonstrates the necessary particularity. Thus, it is appropriate to follow the maxim that the statutory expression of one thing is an implied exclusion of other things omitted from the statute. County of Middlesex v. Newton, 13 Mass. App. Ct. 538, 542 (1982). Cf. Brady v. Brady, 380 Mass. 480, 484 (1980).

The Legislature, specifying the crimes to which the statute would apply, used the term “set forth,” which, as two Federal courts have said in unrelated circumstances, is a precise term meaning “disclose in full, clear, concise and exact terms,” Union Carbide Corp. v. Borg-Warner Corp., 550 F.2d 355, 360 (6th Cir. 1977) (patent case), and denotes a specific, not general, idea, Cohen v. United States, 366 F.2d 363, 368 (9th Cir. 1966) (directions to counsel in formulating requests for jury instructions), cert. denied, 385 U.S. 1035 (1967). We presume, as we must, that the Legislature intended what the words of the statute say. Condon v. Haitsma, 325 Mass. 371, 373 (1950). The Legislature well knows how to use a Federal conviction to trigger a legal consequence, see, e.g., G. L. c. 279, § 30 (1984 ed.) (Federal conviction results in loss of State[*688] office), and the lack of such language here is an indication that no such result was intended. Even if the Legislature did not foresee the possibility of a public employee who might have been convicted under one of the two enumerated Massachusetts statutes being convicted under an arguably equivalent Federal statute, it is not our function judicially to amend the statute to cover this eventuality. Thacher v. Secretary of the Commonwealth, 250 Mass. 188, 190-191 (1924).

Judgment affirmed.

2

“Whoever in any way or degree obstructs, delays, or affects commerce or the movement of any article or commodity in commerce, by robbery or extortion or attempts or conspires so to do, or commits or threatens physical violence to any person or property in furtherance of a plan or purpose to do anything in violation of this section shall be fined not more than $10,000 or imprisoned not more than twenty years, or both.” 18 U.S.C. § 1951 (a) (1982). This section is popularly known as the “Hobbs Act.”

3

“In no event shall any member after final conviction of an offense set forth in section two of chapter two hundred and sixty-eight A or section twenty-five of chapter two hundred and sixty-five pertaining to police or licensing duties be entitled to receive a retirement allowance or a return of his accumulated total deductions under the provisions of sections one to twenty-eight, inclusive, nor shall any beneficiary be entitled to receive any benefits under such provisions on account of such member.” G. L. c. 32, § 15 (3A) (1984 ed.), inserted by St. 1982, c. 630, § 20.

4

The parties addressed the question of the retroactive application of the statute, but we find it unnecessary to reach that question.