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· 3/15/2022

Sandra Tiernan v. Seth Magaziner, in his capacity as General Treasurer of the State of Rhode Island

Syllabus

The plaintiff, Sandra Tiernan, appealed from and sought review on certiorari of a judgment of the Superior Court in favor of the defendants, Seth Magaziner and Frank J. Karpinski, in their capacities as General Treasurer of the State of Rhode Island and Executive Director of the Employees' Retirement System of the State of Rhode Island, respectively (collectively ERSRI). Ms. Tiernan challenged a decision of ERSRI which, pursuant to G.L. 1956 § 36 10 31, offset a workers' compensation award against her accidental disability pension amounts paid pursuant to G.L. 1956 § 28 33 45. In March 2009, Ms. Tiernan, a state employee, retired as a member of ERSRI on an accidental disability pension. Prior to her retirement, Ms. Tiernan had received workers' compensation benefits. Upon her retirement, she petitioned the Workers' Compensation Court for a \coordinated benefit\ under § 28-33-45. Because Ms. Tiernan's accidental disability pension was less than the amount of workers' compensation she was receiving prior to her retirement, the Workers' Compensation Court supplemented Ms. Tiernan's retirement by awarding a coordinated benefit. Based on this new workers' compensation award, ERSRI notified Ms. Tiernan that it would offset the coordinated benefit against her accidental disability pension, as required by § 36 10 31. Ms. Tiernan contested this decision, ultimately exhausting her administrative remedies and appealing the agency action to the Superior Court, which affirmed. Before the Supreme Court, Ms. Tiernan maintained that she was entitled to both her full accidental disability pension and her coordinated benefit without a corresponding reduction to her pension. Ms. Tiernan argued that the legislative intent expressed in the coordinated-benefits provision, § 28-33-45, should control. The Supreme Court affirmed the judgment of the Superior Court and ultimately the decision of ERSRI to offset the amounts she received as a coordinated benefit against Ms. Tiernan's accidental

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