O'LEARY v. CONTRIBUTORY RETIREMENT APPEAL BOARD

SJC-13229.

490 Mass. 480 (2022)

JOSEPH O'LEARY, v. CONTRIBUTORY RETIREMENT APPEAL BOARD & others.

Supreme Judicial Court of Massachusetts, Suffolk.

August 11, 2022.


Attorney(s) appearing for the Case

Kenneth J. Hill for Public Employee Retirement Administration Commission.

John M. Becker for the plaintiff.

Kimberly Parr , Assistant Attorney General, for Contributory Retirement Appeal Board.

Michael Sacco for retirement board of Lexington.

Thomas F. Gibson , Gerald A. McDonough , Timothy J. Smyth , & Natacha Thomas , for Boston retirement system & others, amici curiae, submitted a brief.

Matthew L. Feeney , Rachel L. Millette , & Katherine A. Hesse , for Norfolk County retirement system & others, amici curiae, submitted a brief.

Present: Budd, C.J., Gaziano, Lowy, Cypher, Kafker, Wendlandt, & Georges, JJ.


Joseph O'Leary, an employee of the town of Lexington, elected to forgo ten vacation days each year for seven years in exchange for payment until he retired. The issue presented is whether these payments in lieu of unused, accrued vacation time are to be included as "regular compensation" for...

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