Despite pleading guilty to buying and possessing child pornography, a former 9th grade science teacher, coach and sports referee for the Amherst-Pelham regional school district will keep his retirement benefits. In a decision released this week, the Massachusetts Supreme Judicial Court found that, because the teacher’s crimes did not relate to or concern his teaching job, a retirement benefits forfeiture provision could not be applied to deny him the pension he earned during his 22 years as an educator.
The teacher, Ronald Garney, was identified in 2004 as part of a federal investigation into web sites that sell child pornography. Following two years of monitoring by local police, Mr. Garney’s home was raided and various illegal pornographic images were found. He acknowledged that he’d viewed child pornography for 12 years and, in lieu of being fired, resigned his teaching position. Upon reaching retirement age in 2007 and before he pled guilty to the charges against him, Mr. Garney applied for and was granted his benefits. The Massachusetts Teachers Retirement System reversed that decision in 2009. None of the illicit images or activities related to Mr. Garney’s teaching position or his students and, for this reason, the SJC concluded, it was compelled by statutory language to find that his earned retirement benefits were not forfeited by law.