Boston Retirement Board v. Contributory Retirement Appeal Board

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.

1. Background. The relevant facts are not in dispute. In 1978, the Boston Retirement Board (retirement board) granted accidental disability retirement…