Smith v. Board of Trustees of the Westchester Police Pension Board

Robert J. Smith, plaintiff-appellant, appeals from an order of the circuit court that affirmed a decision of the Board of Trustees of the Westchester Police Pension Board (pension board). The pension board determined that a salary increase Smith received before his retirement as a result of a pay grade increase, a merit pay increase, and holiday pay for the year 2007 cannot be considered as salary for purposes of calculating Smith’s pension.

For the reasons set forth below, we affirm the decision of the pension board and the circuit court.

BACKGROUND

Smith retired as the police chief of the…