Public Employee Retirement Administration Commission v. Contributory Retirement Appeal Board

Wilson, Paul D., J.

This appeal concerns the pension rights of Defendant David Madden, the former Fire Chief and two-term Mayor of the Town of Weymouth. Mr. Madden took a leave of absence from his Fire Chief position when he was elected Mayor. Near the end of his eight years as Mayor, Mr. Madden arranged to be reinstated, the day after he left office, to his former position as Fire Chief but with the understanding that he would be on an unpaid leave of absence and would immediately file for retirement. That is the course Mr. Madden then followed. Mr. Madden’s retiring as Fire Chief would…