STEPHEN O'MALLEY & Another v. CONTRIBUTORY RETIREMENT APPEAL BOARD & Another

CourtMassachusetts Appeals Court
DecidedOctober 7, 2024
Docket23-P-1147
StatusPublished

This text of STEPHEN O'MALLEY & Another v. CONTRIBUTORY RETIREMENT APPEAL BOARD & Another (STEPHEN O'MALLEY & Another v. CONTRIBUTORY RETIREMENT APPEAL BOARD & Another) is published on Counsel Stack Legal Research, covering Massachusetts Appeals Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
STEPHEN O'MALLEY & Another v. CONTRIBUTORY RETIREMENT APPEAL BOARD & Another, (Mass. Ct. App. 2024).

Opinion

APPEALS COURT

STEPHEN O'MALLEY & another[1] vs. CONTRIBUTORY RETIREMENT APPEAL BOARD & another[2]

Docket: 23-P-1147
Dates: June 6, 2024 – October 7, 2024
Present: Blake, Neyman, & Sacks, JJ.
County: Suffolk
Keywords: Contributory Retirement Appeal Board. Division of Administrative Law Appeals. Public Employment, Accidental disability retirement. School and School Committee, Retirement benefits. Labor, Overtime compensation. Administrative Law, Agency's interpretation of statute. Practice, Civil, Judgment on the pleadings.

      Civil action commenced in the Superior Court Department on February 5, 2020.

      The case was heard by Paul D. Wilson, J., on a motion for judgment on the pleadings.

Praven Shenoy for the plaintiffs.

Gregory F. Galvin for retirement board of Brockton.

      Andrew Batchelor, Assistant Attorney General, for Contributory Retirement Appeal Board.

      NEYMAN, J.  We consider whether traffic duty pay for work performed by the plaintiffs, Stephen O'Malley and Thomas Lambert, must be included in the calculation of the plaintiffs' retirement allowances.  This determination hinges on whether traffic duty pay constitutes "regular compensation" within the meaning of G. L. c. 32, § 1.  We conclude that the plaintiffs' traffic duty pay does not qualify as "regular compensation" under the statute.  Accordingly, we affirm the judgment. 

      Background.  Stephen O'Malley commenced employment with the Brockton school department as a school police officer on February 6, 1985, and in 1990 began working as a school crossing guard in addition to his school police officer duties.  Thomas Lambert commenced employment with the Brockton school department as a school custodian on March 11, 2002, and in 2008 began working as a school crossing guard in addition to his school custodian duties.  Both O'Malley's and Lambert's traffic duty pay "[was] calculated at time and a half, the same rate for overtime pay."  O'Malley and Lambert worked irregular hours as school crossing guards, and neither of their employment contracts required that they perform traffic duty. 

      In 2009 and 2010, O'Malley and Lambert, respectively, suffered injuries at work and applied for accidental disability retirement based on those work-related injuries.  Their "accidental disability pension[s] [were] computed according to

[ ] G. L. c. 32, § 7 (2) (a) (ii)."  The Public Employee Retirement Administration Commission (PERAC) calculated O'Malley's and Lambert's retirement allowances "based on the amount that the [retirement] [b]oard [of Brockton] had reported as 'regular compensation,' and excluded traffic duty payments."  PERAC made this calculation pursuant to regulations implemented in June 2010, which provided updated guidance as to what constitutes "regular compensation" under G. L. c. 32.  See 840 Code Mass. Regs. § 15.03 (2010).[3] 

      O'Malley and Lambert filed appeals with the retirement board of Brockton (board), requesting that it include traffic duty pay as part of the plaintiffs' regular compensation in the calculation of their retirement benefits.  After the board denied the plaintiffs' appeals, O'Malley and Lambert appealed to the Contributory Retirement Appeal Board (CRAB), which assigned their cases to the Division of Administrative Law Appeals (DALA).  Following a hearing at which both O'Malley and Lambert testified, and documentary evidence was admitted into the administrative record, DALA issued a decision upholding the board's exclusion of traffic duty pay from the calculation of the plaintiffs' retirement benefits.  O'Malley and Lambert appealed DALA's decision to CRAB.  CRAB adopted DALA's findings, ruled that the "traffic duty payments were irregular payments paid on an hourly basis and are akin to overtime payments," and affirmed DALA's decision.  O'Malley and Lambert then brought the present action in the Superior Court pursuant to G. L. c. 30A, § 14, for review of the CRAB decision.  Following a hearing, a Superior Court judge denied the plaintiffs' motion for judgment on the pleadings and ordered the entry of judgment in favor of the defendants, CRAB and the board.  Judgment for the defendants entered, and O'Malley and Lambert filed a timely notice of appeal. 

      Discussion.  1.  Standard of review.  It is well established that judicial review of an agency decision pursuant to G. L. c. 30A is "narrow and deferential."  Buchanan v. Contributory Retirement Appeal Bd., 65 Mass. App. Ct. 244, 246 (2005).  Plaintiffs have the "heavy burden" of demonstrating that the agency's decision is invalid.  Massachusetts Ass'n of Minority Law Enforcement Officers v. Abban, 434 Mass. 256, 263-264 (2001).  On appeal, CRAB's decision must stand unless it is unsupported by substantial evidence or based on an error of law.  See G. L. c. 30A, § 14 (7); Murphy v. Contributory Retirement Appeal Bd., 463 Mass. 333, 344 (2012).  "It is not our province to determine whether the CRAB decision is based on the weight of the evidence, nor may we substitute our judgment for that of CRAB" (quotations and citation omitted).  Murphy, supra.  We give due weight to the agency's experience and specialized knowledge, as well to the discretionary authority conferred upon it.  See G. L. c. 30A, § 14 (7); Murphy, supra at 344-345.  Indeed, "[i]n the notoriously difficult, sometimes tortuous field of retirement rights and calculations, there is particular reason for giving deference to the agency's expertness."  Evans v. Contributory Retirement Appeal Bd., 46 Mass. App. Ct. 229, 233 (1999).  "However, in deferring to the administrative body, we do not abdicate our judicial responsibility."  Water Dep't of Fairhaven v. Department of Envtl. Protection, 455 Mass. 740, 744 (2010). 

      2.  Regular compensation.  The plaintiffs argue that they had reasonable expectations that their traffic duty pay constituted regular compensation because prior to the 2010 PERAC regulations, the board had included traffic duty pay when calculating regular compensation for other employees, and retirement contributions had been deducted from plaintiffs' traffic duty pay and forwarded to the board.[4]

      We begin our analysis by looking to the plain language of the statute.  See Plymouth Retirement Bd. v. Contributory Retirement Appeal Bd., 483 Mass. 600, 604 (2019).  "Regular compensation" is defined, in relevant part, as "compensation received exclusively as wages by an employee for services performed in the course of employment for his employer."  G. L. c. 32, § 1.  "Wages" are "the base salary or other base compensation of an employee paid to that employee for employment by an employer; provided, however, that 'wages' shall not include . . . [inter alia,] overtime, commissions, [or] bonuses other than cost-of-living bonuses."  G. L. c. 32, § 1.  "As we have held, the 'straightforward and unambiguous' language of § 1 indicates that 'regular compensation' is 'ordinary, recurrent, or repeated payments not inflated by any "extraordinary ad hoc" amounts such as bonuses or overtime pay.'"  Public Employee Retirement Admin. Comm'n v.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Water Department of Fairhaven v. Department of Environmental Protection
920 N.E.2d 33 (Massachusetts Supreme Judicial Court, 2010)
Hallett v. Contributory Retirement Appeal Board
725 N.E.2d 222 (Massachusetts Supreme Judicial Court, 2000)
Smith v. Commissioner of Transitional Assistance
431 Mass. 638 (Massachusetts Supreme Judicial Court, 2000)
Massachusetts Ass'n of Minority Law Enforcement Officers v. Abban
748 N.E.2d 455 (Massachusetts Supreme Judicial Court, 2001)
Joslyn v. Chang
445 Mass. 344 (Massachusetts Supreme Judicial Court, 2005)
Pelonzi v. Retirement Board
451 Mass. 475 (Massachusetts Supreme Judicial Court, 2008)
Providence & Worcester Railroad v. Energy Facilities Siting Board
899 N.E.2d 829 (Massachusetts Supreme Judicial Court, 2009)
Murphy v. Contributory Retirement Appeal Board
974 N.E.2d 46 (Massachusetts Supreme Judicial Court, 2012)
Rotondi v. Contributory Retirement Appeal Board
977 N.E.2d 1042 (Massachusetts Supreme Judicial Court, 2012)
Colo v. Contributory Retirement Appeal Board
638 N.E.2d 54 (Massachusetts Appeals Court, 1994)
Lisbon v. Contributory Retirement Appeal Board
670 N.E.2d 392 (Massachusetts Appeals Court, 1996)
Evans v. Contributory Retirement Appeal Board
704 N.E.2d 1199 (Massachusetts Appeals Court, 1999)
Buchanan v. Contributory Retirement Appeal Board
839 N.E.2d 338 (Massachusetts Appeals Court, 2005)
Pub. Emp. Ret. Admin. Comm'n v. Contributory Ret. Appeal Bd.
90 N.E.3d 744 (Massachusetts Supreme Judicial Court, 2018)

Cite This Page — Counsel Stack

Bluebook (online)
STEPHEN O'MALLEY & Another v. CONTRIBUTORY RETIREMENT APPEAL BOARD & Another, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stephen-omalley-another-v-contributory-retirement-appeal-board-massappct-2024.