BOSTON RETIREMENT BOARD v. CONTRIBUTORY RETIREMENT APPEAL BOARD


441 Mass. 78 (2004)

BOSTON RETIREMENT BOARD v. CONTRIBUTORY RETIREMENT APPEAL BOARD & another.

Supreme Judicial Court of Massachusetts, Suffolk.

February 17, 2004.


Attorney(s) appearing for the Case

Nicholas Poser for the plaintiff.

Christopher O. Quaye, Assistant Attorney General, for the defendants.

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


COWIN, J.

The principal issue in this case is whether, consistent with G. L. c. 32, the retirement systems and pensions statute, the Public Employee Retirement Administration Commission (PERAC), may define "earned income" for purposes of G. L. c. 32, § 91A, to include a distribution of corporate profits to a salaried shareholder-employee. We conclude that PERAC may so define "earned income" and affirm the decision of the Superior Court in this matter.

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