O'Brien v. Contributory Retirement Appeal Board

At issue is whether certain contract-based remuneration received by O’Brien — holiday pay, a fitness bonus, a uniform allowance, longevity pay, and an educational differential — qualified as “regular compensation,” as that term is used in G. L. c. 32, § 1, as amended by St. 1979, c. 681, for the purpose of calculating his retirement allowance. Section 1 provides in pertinent part:

“ ‘Regular compensation’ . . . shall mean the salary, wages or other compensation in whatever form, lawfully determined for the individual service of the employee by the employing authority, not including bonus,…