Zelesky v. Commissioner of the Division of Public Employee Retirement Administration

The plaintiff seeks, pursuant to G. L. c. 231 A, a declaration that, in the computation of his accidental disability retirement allowance, “regular compensation for his employment in the public service”2 within the meaning of G. L. c. 32, § 7, includes payments received pursuant to *107G. L. c. 152 and G. L. c. 126, § 18A.* *3 The defendants, the Commissioner of the Division of Public Employee Retirement Administration (PERA), and the treasurer-chairman of the Worcester County retirement system (WCRS), moved to dismiss the plaintiffs complaint for failure to state a claim upon which relief can be…