EMPLOYMENT - MASSACHUSETTS

Hull Retirement Bd. v. Contributory Retirement Appeal Bd.

Appeals Court of Massachusetts - September 16, 2014 - N.E.3d - 2014 WL 4546047

Police officer brought action against town after he was removed from paid injury leave status and placed on an unpaid leave of absence. Officer and town reached a settlement agreement under which town placed in escrow approximately $44,400 in accidental injury leave pay. Officer appealed retirement board’s refusal to recalculate his retirement benefits on the basis of the additional funds. The division of administrative law appeals ordered a correction of the retirement date. Town appealed. The Contributory Retirement Appeal Board affirmed. Town appealed.

The Appeals Court held that funds were regular compensation received by officer for purposes of calculating his retirement benefits.



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