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COLO v. CONTRIBUTORY RETIREMENT APPEAL BOARD

No. 93-P-762.

37 Mass. App. Ct. 185 (1994)

638 N.E.2d 54

ANGELO V. COLO vs. CONTRIBUTORY RETIREMENT APPEAL BOARD & another.

Appeals Court of Massachusetts, Worcester.

August 19, 1994.

Attorney(s) appearing for the Case

John S. Chinian for the plaintiff.

Rosemary S. Gale, Assistant Attorney General, for the defendants.

Present: DREBEN, KASS, & FINE, JJ.

FINE, J.

Angelo V. Colo was a call fire fighter in the town of Athol for thirty-two years and two months. During that entire period, the Athol Retirement Board (board) took deductions from his salary. In September of 1990, Colo, then sixty-four years of age, filed for superannuation retirement benefits. See G.L.c. 32, § 5 (1988 ed.). The board calculated Colo's pension based upon seven years and four months...

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