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HomeMy WebLinkAboutMINUTES Policemen's Pension Board 1977-04-11BRADFORD PUBLISHING CO., DENVER RECORD OF PROCEEDINGS Policemen's Pension Board April 11, 1977 Board: Harry B. Tregent, H. Bernerd Dannels, Robert Elste, Dale G. Hill All Attending ELECTION OF OFFICERS: Member H. Bernerd Dannels moved the following nominations be elected to office: Harry B. Tregent President H. Bernerd Dannels Treasurer Dale G. Hill Secretary Member Dale Hill seconded the motion and upon roll call the motion unanimously carried. PENSION PAYMENT - OFFICER CONLEY'S WIDOW: The Board reviewed the Town Attorney's opinion regarding pension pay- ments to Officer Conley's widow as a result of Conley's death in the July 31, 1976 flood. Phyllis Conley is entitled to 1/4 of Officer Conley's monthly salary or $183.75 starting August 1, 1976. Member Dannels moved the payments be made to Officer Conley's widow. Member Tregent seconded the motion. Upon roll call the motion unanimously carried. PENSION PAYMENT - OFFICER CONLEY'S SON: Due to the confusion and incomplete paper work regarding pension pay- ments due Officer Conley's son, Member Dannels moved the application be tabled until such time the proper papers have been completed and submitted to the Estes Park Policemen's Pension Board. Member Tregent seconded the motion and upon roll call the motion unanimously carried. There being no further business, the meeting was adjourned. Dale G. Hill, Secretary JCIHN G. PHIPPS ATTORNEY AT LAW Phoa. fe3 • 786. 30 P. Q Bas 3018 April 1, 1977 Mr. D. Morgan Dilling Attorney and Counselor at Law 524 North Tejon Colorado Springs, Colorado 80903 Dear Mr. Dilling: Thank you very much for your letter of March 4 in regard to the above matter. SUITE t08 FIRST NATIONAL BANK BLDG. ESTRS PARK. COLORADO Re: Conley Estate The Town will shortly commence sending Mrs. Conjley her checks. However, the Towp will not be in a position to start, sending Sean's checks to him until we have both a birth certificatcl showing Cheryl Rhodes as his natural mother, and further some sworn statement that Cheryl now has custody of Sean. When we receive thcise instruments, we will forward the checks, payable to Sean, directly to Cheryl Rhodes. Therefore, we will need that address also. Thank you for your assistance. Very truly yours, JGP:mp Encl. John G. Phipps WM MO. r D. MORGAN DILLING 524 NORTH TEJON COLORADO SPRINGS, CO 80903 John G. Phipps Attorney at Law P. 0. Box 3018 Estes Park, CO 80517 Re: Conley Estate Dear Mr. Phipps: ATTORNEY AND COUNSELOR AT LAW March 25, 1977 303/473-5255 Pursuant to your letter of January 27, 1977, I will attempt to answer all of your questions and clarify the situation of Sean Conley. Sean is not the son of Phyllis Conley but is the illegitimate son of Michel 0. Conley and Cheryl Rhodes. Mr. Conley's paternity was established by a Court Order dated March 3, 1975, a copy of which is enclosed. Sean is still a minor and was a dependent of Mr. Conley's. I have again requested from Mr. Felt, the attorney for Cheryl Rhodes and Sean Conley, a copy of the birth certificate showing Sean's date of birth. Please forward the checks for Sean to his attorney, James G. Felt, 430 North Tejon Street, Colorado Springs, CO 80903, and the checks for Mrs. Conley to her at 107 West Cheyenne Road, Colorado Springs, CO 80906. I hope this has clarified the situation. If you have any further questions, please do not hesitate to call. Upon receipt of the birth certificate from Mr. Felt, I will promptly remit. Sincerely, A1444:2) D. MORGAN D LLING lc Enclosure , . ( 67-1 CR-Tv,ii, - .. 1,/ -)NRA rl STATE OF COLORADO ) " - 3 1975 a IN THE DISTRICT COURT COUNTY OF EL PASO ) -ILZD IN MTRICT COT JUVENILE DIVISION THE PEOPLE IN THE INTEREST OF' EL PASO COUNTY, COLOODO No. J-4624 SEAN KENNETH HEATON •,_ . i MAR 3 197!) ) ) UPON THE PETITION OF CHERYEL KAY RHODES Petitioner, ) Respondent. ) This matter coming on upon petitioner's verified petition in mompOrt paternity proceedings, the respondent consenting to the entry of this Order and the Court being advised DOTH FIND that respondent is the father of the child(max) named in said petition and has a legal obligation to AND CONCERNING MICHAEL OWEN CONLEY ORDER support the said child(xgp: IT IS THEREFORE ORDERED, ADJUDGED AND DECREED: 1. That respondent shall pay the sum of $45.00 per month toward the support of said child 6rinol} commencing March 1, 1975 and shall be payable S41.00 per month on the 1st day of each and every month thereafter. Custody of the minor child, Sean Kenneth Heaton, be with the mother, Cheryel Kay Rhodes, until further order of Court. 2. All payments shall be made payable to the Clerk of the District Court Registry Fund, 20 East Vermijo, Colorado Springs, Colorado 80903, who shall then pay to the El Paso County Department of Social Services as long as and to the extent that petitioner is receiving public assistance, as shown by affidavit of the said Department. 5.00 3. The first payment shall be increased by $iix20 to pay the initial cost of $5.00 for setting up the Registry Fund account KJ:max= RAMANWPIxthiumfiaxpxmgmBmxmmtunammfmumwtatm%msnxitImbwripatMxtymViemISTMTKI thamatkiammaimkhamRthatxthm =Sy. Signed this APPROVED: ay of Feb-ruerry 4Ve7ici,e/ , 19 75 GrA;,, MICHAEL OWEN CONLEY, Respondent BY THE COURT: District J APPLICATION FOR PENSION TO: BOARD OF TRUSTEES, ESTES PARK, COLORADO POLICEMEN'S PENSION FUND: The undersigned hereby make application for benefits under the Town of Estes Park Policemen's Pension Fund, as surviving widow and children of Officer Michel Conley, de- ceased, pursuant to the laws of the State of Colorado. The undersigned hereby swears that Officer Michel Conley died as a result of an accident on the iJf _,_ of U..Y_ , 1976, and at the time was an employee of tj E es Park, Colorado Police Department. Furthermore, the undersigned hereby swears that at the time of said death she was the legal wife of said decedent, and that Sean Kenneth Conley (names of children) were the legal children of said decedent. Furthermore, the undersigned hereby verifies that they have been advised and understand that the widow's survivor benefit payments shall continue until remarriage or death, whichever first occurs, and that the surviving children bene- fits shall continue until the child reaches the age of sixteen (16) years or dies, whichever first occurs. Dated this % S74 day of STATE OF COLORADO) ss. COUNTY OF Surviving Spou SEAN KENNETH CONLEY , 1976. Age: By Cheryl Rhodes Na ral Mdt er Child Age: Child By Natural Mother EL PASO Subscribed and sworn to before me this 1, day of , 1976, by Cheryl Rhodes , 44k1.1YX3i.lix AAT 11,711l as natu�al mother of Sean Kenneth Conley My commission expires \\o w.4_'.. , \V)i) Notary Public STATE r CV ADO SS: COUNTY OF EL PASO Subscribed and sworn to before me this 1st day of December, 1976, by Phyllis A. Conley, surviving spouse of decedent, Michel 0. Conley. My commission expires: April 12, 1978. P ( ft ik "LC' Public - Notary D. MOF kN DILLING ATTORNEY AND COUNSELOR AT LAW 524 NORTH TEJON STREET COLORADO SPRINGS, COLORADO 80403 (303) 473-5255 February 9, 1977 John G. Phipps Attorney at Law P. 0. Box 3018 Estes Park, CO 80517 Re: Conley Estate Dear Mr. Phipps: Pursuant to your letter of January 27, 1977, enclosed please find an Affidavit signed by Mrs. Conley stating that she was married to Michel Conley at the date of his death and a copy of the marriage certificate. I have requested from the attorney representing Sean Conley to forward to me at his earliest con- venience the additional information you requested. When same is received, I will forward immediately. lc Enc. Sincerely, D. MORGAN DILLING AFFIDAVIT I, PHYLLIS A. CONLEY, was married to Michel 0. Conley on the 23rd day of September, 1972, and was married from that date until July 31, 1976, the date of his death. We were married on the 23rd day of September, 1972, in the City of Bay City, County of Matagorda, State of Texas. PHYLLIijA. CONLEY STATE OF COLORADO ) ) ss: COUNTY OF EL PASO ) Subscribed and sworn to before me this 4th day of February, 1977 by Phyllis A. Conley. Witness my hand and official seal. My commission expires: April 12, 1978. 524 NORTH TEJON COLORADO SPRINGS CO 80903 John G. Phipps P. O. Box 3018 Estes Park, CO 80517 Re: Conley Estate D. MORGAN DILLING ATTORNEY AND COUNSELOR AT LAW May 3, 1977 303 /473-5255 Dear Mr. Phipps: Receipt of your letter dated April 20, 1977 and check to Mrs. Conley for $1,470 is acknowledged with thanks. I have delivered the check to Mrs. Conley and would appreciate your sending the further pension checks to her at 1555 Gatehouse Circle North, Apt. A2, Colorado Springs, Colorado 80904. I have sent a copy of your letter to the attorney for Sean Conley to advise him of the holdup in the pension checks to Sean and to get his cooperation in obtaining the necessary information. When I have received same from him, I will immediately forward to you. Thank you for your continued cooperation in this matter. Sincerely, lc Copy to Dale Hill from John Phipps APPLICATION FOR PENSION TO: BOARD OF TRUSTEES, ESTES PARK, COLORADO POLICEMEN'S PENSION FUND: The undersigned hereby make application for benefits under the Town of Estes Park Policemen's Pension Fund, as surviving widow and children of Officer Michel Conley, de- ceased, pursuant to the laws of the State of Colorado. The undersigned hereby swears that Officer Mihel Conle died as a result of an accident on the 3/4' day of • / , 1976, and at the time was an employee of tef' E 'es Park, Colorado Police Department. Furthermore, the undersigned hereby swears that at the time of said death she was the legal wife of said decedent, and that Sean Kenneth Conley (names of children) were the legal children of said decedent. Furthermore, the undersigned hereby verifies that they have been advised and understand that the widow's survivor benefit payments shall continue until remarriage or death, whichever first occurs, and that the surviving children bene- fits shall continue until the child reaches the age of sixteen (16) years or dies, whichever first occurs. Dated this day of Surviving Spou SEAN KENNETH CONLEY , 1976. Age: By Child Cheryl Rhodes Na al Mdt]�e Age: Child By Natural Mother STATE OF COLORADO) ss. COUNTY OF =R p EL PASO Subscribed and sworn to before me this V3;t, day of V , 1976, by Cheryl Rhodes , 41AINAW14X4aaag amxd as natural mother of Sean Kenneth Conley My commission expires Notary Public PO nIMMOW, \V l STATE OF COLORADO SS: COUNTY OF EL PASO Subscribed and sworn to before me this 1st day of December, 1976, by Phyllis A. Conley, surviving spouse of decedent, Michel O. Conley. My commission expires: April 12, 1978. D m.m Ct - Nota k Public - TO: Bob Daniels FROM: Chief Robert W. Ault SUBJECT: Summer Patrolman Please be advised that as of June 28, 1976, Michel Conley began employment with the Estes Park police Department as a summer watnn|ma^' His salary will be $735'00 per month. Thank you. Sincere )y, [STss pAV POLICE DEPARTMENT Robert W. Ault Chief of Police Address: EMPLOYEE RECORD 0c." '25-1 Ctvl 4.1 Phone: Town: c9.5 Permanent: 4/ e, 0 fr'o7' iyC.z.gi Supervisor: Date Employed: 6 _ _ 7 6, Position: Po. Severance: 7131/76 Reason: Killed in Biz_ Thoppeon, Flood Height 9 " Weight /S7 Color Hair L04,-/ color Eyesiciftzer Number of Children f Widowed Divorced Separated, ri Who Was Your Last Employer?er What Address: a a cj4t,, Were You in Military Service? ci e s What Branch u s Do You Have Any Physical Defects? el' 0 In Case of Emergency Notify: ptt.,,,,:f cn fei ev _ 3 3- PERA Date: Blue Cross Date: MW,MMMMMMWMMIM S.S. No. tc 2. 2 3 9.7, 7 Exemptions: Birth Date: g — c/4 Place: C0,4/05 C.,-11,40:s -75t-• Single Et Married Rate of Pay Date ,S4Ef_24.P.4_ Hr. ) 6/29/16— Terminated 7/31/76 .0 "'tl NOLE 1005 4odes1 Apt J' PAYROLL"; TAL 7 DATE sj_C do 8090 TE;R FIfM FWW e s ea Wings for wsre fired as fo,lows Re, tar .If -PPP nth 522-54-4717 MEROENCY. NOTIFY; T i"Q.a'; A/C-R ding 7/15._ $367 4 9._- JOHN G. PHIPPS ATTORNEY A" LAW Phon< 303 - 386-5330 P. O. Baas 3018 September 1, 1976 Mr. Dale Hill Town Administrator Town of Estes Park Estes Park, Colorado 80517 Re: Police Pension Fund Officer Conley's Death Dear Dale: SUITE 208 FIRST NATIONAL BANK BLDG. ESTES PARK. COLORADO 1L. 12 RFCEIUFO SEP 22 1976 ADMIIMlarTUR It is the opinion of both Assistant Town Attorney, Roger Clark, and myself, that Officer Conley's widow and children are entitled to payments from the Estes Park Police Pension Fund as a result of Officer Conley's death this summer. The Town became liable for such payments at the time of his death. The widow is entitled to payments until she remarries or dies, whichever first occurs. The children are entitled to payments until they either reach the age of 16 years or die, whichever first occurs. The amount of the payments to the widow and the children is based upon Officer Conley's gross monthly salary at the time of his death. The widow is entitled to a monthly payment equal to one- fourth of said monthly salary. Each child is entitled to a monthly payment equal to one -eighth of said monthly salary. The widow should be advised regarding how the payments ter- minate, as aforesaid. JGP/ik c.c. Chief Robert Ault Very truly yours, i::::::7 hn G. Phipps Phone 303 - 3863130 P. O. Box 3018 JOHN G. PHIPPS ATTORNEY AT LAW April 20, 1977 CERTIFIED MAIL, RETURN RECEIPT REQUESTED Mr. D. Morgan Dilling Attorney and Counselor at Law 524 North Tejon Colorado Springs, Colorado 80903 Dear Mr. Dilling: Uon ma affidavit whichthe youbasis forwarrdedtf,ethe payments to Mrs. Conley. Enclosed in the amount of $1,470.00 payable eight months (August, 1976 through Commencing with April, 1 her in the amount of $183.75 until she remarries, the Town would, of immediately. Re: Phyllis Conley SUITE 208 PIBST NATIONAL BANK BLDG. ESTES PARK. COLORADO rriage certificate together with the Town is now in a position to commence please find check No. 58 from the Town to Phyllis Conley. This represents March, 1977) at $183.75 per month. 977, the Town will forward checks to such time as she marries or dies. If course, expect her to so advise the Town Do you want her monthly checks forwarded to you? If not, please give us her mailing address. The Town pension board tabled the matter of the pension payments to Sean, and will call a special meeting to review the same upon receipt of additional information. Perhaps Sean is entitled to $91.88 per month until he dies or reaches the age of 16 years. As you have advised, Sean is the illegitimate son of Michael 0. Conley and Cheryl Rhodes. However, we still need a birth certificate showing that Sean was born to Cheryl Rhodes. In addition, we need an affidavit from Cheryl Rhodes to the effect that she presently has the custody of Sean i.e. Sean's custody has not be awarded to any other person. Secondly, the paternity order, a copy of which you forwarded, sets forth that Michael Owen Conley is the father of Sean Kenneth Heaton. So now we have still another last name for Sean --Heaton. This is going to have to be explained through affidavit form by Cheryl Rhodes. The Town pension board will not meet again until I am satisfied that we have the necessary information. The Town will not pay interest on amounts owing to Sean. The Town will not send Sean's check to an attorney, but only to Sean's legal guardian. JGP:mp Very truly yours, John G. Phipps Estes Park, C o oradc) 80517 January 21, 1977 Policemen's Pension Fund Board Attn: Dale G. Hill, Secretary P. 0. Box 1200 Estes Park, Colorado 80517 Gentlemen: Regarding Police Officer Michel Owen Conley, this letter will verify the salary of $735.00 per month for Officer Conley. Calculations for the entitlement of dependents is as follows: One fourth of said monthly salary for widow equals per month . . . . $183.75 One eighth of said monthly salary for each child equals per month . .$ 91.88 In support of the above information we are attaching a copy of a letter from Chief Robert W. Ault dated June 30, 1976 advising the monthly salary of Officer Conley. Also attached is a copy of the Employee Record Card of Officer Conley indicating that he was married and had one dependent child. The third document attached is a record of earnings for Officer Conley indicating that he did participate and contributed to the Policemen's Pension Fund for the Town of Estes Park. LAD/ed Enclosures f / 4",3. 9 1 ? (3) Sincerely, TOWN OF t' STES PARK Llo•d A. Duncan Finance Officer P. O. Box 1200 TeDephorj (303) 5866...5.3.1 POLICEMEN'S PENSION FUND DECEMBER 31, 1976 Fund Balance, January 1, 1976 72,319.13 RECEIPTS: Received from State of Colorado Received from Donations: Received from Interest Received from General Fund Received from Employee Contributions TOTAL RECEIPTS DISBURSEMENTS: Pensions - 12 Mo. @ $335.20 Refund of Employee Contributions TOTAL DISBURSEMENTS 5,728.00 135.00 4,913-83 1,687.71 1,687.03 4,022.40 556.77 FUND BALANCE: Cash with General Fund 2,614.40 Temporary Investment 77,559.50 Checking Account No. 20-0184 261.46 Deposit in Transit 269.78 Interest Receivable 1,186.39 $81,891.53 Fund Balance, December 31, 1976 *Credit Balance 14,151.57 4,579.17 $81,891.53 -24- LY NN A.HAHHDND ROGER E.CLAML RAY J. MACNEIL Lyra.; A. HA.rirtEsin LAW OFFICES FIRST NATIONAL BANK BUILDING • P. O. Box 701 LOVELAND, COLORADO 80537 303-6E7-1023 April 7, 1977 John Phipps Attorney at Law Post Office Box 3018 Estes Park, Colorado 80517 Re: Police Pension Matter Dear John: This is in response to your letter of March 3, con- cerning the elderly gentleman hired by the Town police department to assist with parking violations. As you might have expected, in light of my earlier opinion concurring with yours concerning the young man who was killed in the flood while a member of the police depart- ment, I find nothing in the provisions of the police pension statute, particularly the provisions of CRS 31-30-321, which would indicate the parking meter monitor would be exempted from the disability and other provisions of the statute if such person is indeed a member of the police department. Since the police pension statute speaks in terms of "policemen and police officer" and "members" of the police department, perhaps the way around this situation is to define the position of this particular person out of the police department by ordinance. This is, in essence, what the City of Loveland has done and what, for example, the City of Aurora has done by its municipal charter. It does seem to me, however, that there may be some problem with regard to such procedure, in that Rule 206 (c) (3) of the Municipal Court Rules of Procedure provides that a summons and complaint may be issued by a peace officer for an offense constituting violation which was committed in his presence or, if not committed in his presence, when he has reasonable grounds for believing that the offense was committed in fact and that the offense was committed by the person charged. It should also be noted that sections 21-1 John Phipps April 7, 1977 Page Two and 23-1 of the Model Traffic Code state that it is the duty of officers of the police department to enforce all street traffic regulations of the municipality. Perhaps some leeway is given in this matter by the use of the phrase "peace officer" in the section of Rule 206 of the Municipal Court Rules, cited above. "Peace officer" is defined as a duly appointed law enforcement officer of the State of Colorado or any political subdivision thereof authorized by the constitution, statutes, charter or ordinances to enforce municipal, charter and ordinance violations. If the meter monitor were defined by ordinance as being a peace officer authorized to issue parking citations, but not made a member of the police department per se, perhaps this would be sufficient to both authorize the party to issue complaints and yet not make the individual a police officer for purposes of the pension statute. This seems to be basically what other communities have done. Although nothing else occurs to me as to a solution of this matter, this, quite frankly, seems like a case of placing form over substance. I am not at all sure that a court would decide that the individual was not a member of the police department if he had been declared a peace officer for purposes of issuing parking violations. Nevertheless, the Town would certainly be in a stronger position if this change in job classification were made, and it is my feeling that the Town ought to undertake to do this. Under the existing police pension statute, I think it is quite clear that if the individual is a member of the police department, he is entitled to the benefits of that statute. I am completing the other matters you sent to me some time ago, and will get a response to you on those matters shortly. I apologize for the delay in getting back to you on these matters. Very truly yours, Roger E. Clark REC:bb LYNN A. HAMMOND ROGER E. CLARE RAY tr.M.AcNEn. LYNN A. HAMMOND LAW OFFICES FIRST NATIONAL BANE BUILDING • P. O. BOX 701 LOVELAND, COLORADO 80537 303-667-1023 April 8, 1977 John Phipps Attorney at Law Post Office Box 3018 Estes Park, Colorado 80517 Re: Refund of Policemens' Contributions to Pension Fund Dear John: As you may know, there has been a substantial amount of litigation in recent years involving refunds of contribu- tions to police and firemens' pension funds. As John Chilson had indicated to you, in the case involving the City of Loveland and Jack Watts, Judge Miller found that the City could not refund payments to Mr. Watts since such a refund would not fall within any of the relevant statutes stating circumstances under which payments out of the pension fund could be made. This case was not appealed by Mr. Watts, quite possibly because the Court of Appeals rendered a similar decision in the case of Conrad vs. City of Thornton, 36 Colo. App. 22, 536 P2d 855 (1975) at or about the same time as the decision was reached by the trial court in the Watts case. There had also been Attorney General's opinion g to this effect as well. Moreover, in at least two decisions prior to the Court of Appeals decision in Conrad, it had been held that a municipality is generally under no obligation to make refunds of a police officer's payment into a pension fund. Police Pension Board, 159 Colo. 468, 412 P2d 897 (1966); Bensovs.gi-----ieridan, 31 Colo. App. 540, 506 P2d 401. However, language in each of these decisions had implied that the police officer might have a right to a refund if there were some contractual agreement between the municipality and the police officer with regard to receipt of a refund. The Court of Appeals rejected this theory in its decision in Conrad, which did involve a situation where the City of Thornton actually had told the fire and police employees involved prior to their commencement of employment that they 88, 8 88.8888.».88,88.8. John Phipps April 8, 1977 Page Two would be given a refund of all contributions made to the Fund upon termination of employment. However, the Court of Appeals decision in Conrad was reviewed by the Supreme Court in Conrad vs. City of Thornton, Colo. , 453 P2d 822 (August 23, 1976). In its decision in this case, the Supreme Court emphasized the language in Derby and Benson relating to the possibility that a refund would be proper where there was some contractual agreement in this regard and held that a Home Rule city has authority to contract with its firemen and poliEiien to refund the employees' individual contributions to the respective pension funds on termination of employment prior to qualification for pension benefits. This clear, if some- what surprising, statement of the law in this regard leaves us with two questions relating to the situation now confronting the Town of Estes Park. The first question is whether the fact that the Supreme Court's decision in Conrad vs. Thornton involved a Home Rule city is relevant for our present purposes. While it is fundamental that an ordinance of a statutory city in conflict with a State law of general application is invalid, Lakewood Pawnbrokers vs. City of Lakewood, 183 Colo. 370, 517 P2d 834 (1973), in the Conrad decision the Supreme Court held that although the pension funds were a subject of Statewide concern, a review of the applicable statutes indicated that the legislature had neither expressly authorized nor for- bidden the refund of individual pension fund contributions on termination of employment. This is the test for deter- mining whether a municipal ordinance conflicts with a State statute whether the municipality is Home Rule or, as in the Lakewood case, a statutory city. Since it is further evident that statutory municipalities have full right of contract under C.R.S. 31-15-101, it is my opinion that the application of the Supreme Court's decision in Conrad vs. City of Thornton is not affected by the fact that Estes Park is a statutory municipality. The second additional question with which we are faced here is whether there is a contractual agreement between the Town and its employees. Based on the information in the letter which you provided me, it appears that the Town has routinely returned contributions to the fund upon a police ZPAMOMMR.nnwonwoorfiranna.uno., John Phipps April 8, 1977 Page Three officer's leaving employment with the Town. In my opinion, this practice probably implicitly creates an agreement or understanding between the officer and the Town that such contributions will be refunded. This would be even more clear if the officer was made aware of this policy at the time he began employment with the Town, or, if, as in the Thornton situation, the Town expressly told the officer that the contributions would be refunded. In sum, then, it is my opinion that while the Town has no general obligation to agree to refund contributions made by police officers, it may contractually bind itself to do so, and it appears that the Town has probably done so in this instance. As an additional observation, I would note that the Town might well consider whether it would want to terminate this practice, in light of the problem municipalities throughout the State are experiencing in maintaining police and firemen's pensions funds which are actuarially' sound. If you have any questions, please do not hesitate to contact me. Very truly your Roger E. Clark REC:bb