A retired Massachusetts State Police lieutenant who pleaded guilty in the overtime scandal that embroiled the agency has successfully appealed the decision to have his pension forfeited, court documents show.
The decision of the Massachusetts State Retirement Board to forfeit the pension of John Giulino was “grossly disproportionate to the gravity of the crimes,” a ruling by Pittsfield District Court Judge Mark Pasquariello said.
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Giulino was convicted at the state level of making a false claim to a public employer, larceny and procurement fraud. He pleaded guilty in 2019, and received two years of probation. He was accused of stealing more than $29,000 in overtime he didn’t earn in 2015 and 2016.
State law allows the State Retirement Board to forfeit the pension of any state employee who is convicted of a felony related to their job, which the board did.
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Tim Burke was the attorney representing Giulino, and issued a statement following the decision.
"Both Federal and State law require Judges to review the financial impact had upon a person whose entire pension has been forfeited. The Judge in this case did just that with two days of evidentiary hearing that looked at Mr. Giulino’s entire work history and current financial status," Burke said in the statement.
"Regardless of whether it is a popular decision, it is a courageous decision because it is the application of the law to established facts under both the Massachusetts Declaration of Rights and the U.S. Constitution. In several recent Massachusetts cases the Appeals and SJC have also questioned the “all or nothing” approach to pension forfeiture cases and suggested that the Legislature review the status of the current law," Burke continued.
It's unclear whether the Attorney General will appeal the ruling.
"The State Retirement Board takes the protection and responsibility of the State Employees Retirement System and its trust very seriously," a statement from the agency said. " We are still considering all available options."
