PELONZI v. RETIREMENT BOARD OF BEVERLY

SJC-10098

451 Mass. 475 (2008)

KENNETH C. PELONZI & another v. RETIREMENT BOARD OF BEVERLY & another.

Supreme Judicial Court of Massachusetts, Essex.

May 21, 2008.


Attorney(s) appearing for the Case

Michael Sacco for the defendant.

James J. Arguin, Assistant Attorney General, for Contributory Retirement Appeal Board.

John M. Collins for Kenneth C. Pelonzi.

Judith A. Corrigan (Barbara J. Phillips with her) for Public Employee Retirement Administration Commission.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, CORDY, & BOTSFORD, JJ.


GREANEY, J.

This case requires us to decide whether personal use of an automobile, furnished by the city of Beverly (city) to the plaintiff during his tenure as the city's commissioner of public safety and chief of the fire department, qualifies as "[r]egular compensation," as that term is defined by G. L. c. 32, § 1, for purposes of calculating the retirement allowance to which the plaintiff is entitled. The Beverly...

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