Plymouth Retirement Board v. Contributory Retirement Appeals BoardAnnotate this Case
The Supreme Judicial Court reversed the judgment of the superior court concluding that a police officer who is a member of a municipal retirement system need not remit payments under Mass. Gen. Laws ch. 32, 4(2) to obtain creditable service for prior work conducted as a permanent-intermittent police officer (PIPO), holding that chapter 32, 4(2)(b) mandates remittance payments by member police officers for past intermittent work.
Specifically, the superior court judge ruled that the Plymouth Retirement Board did not have to collect remittance payments from such members because chapter 32, 4(2)(b), which expressly discusses PIPO creditable service, does not mention a payment requirement. The Supreme Judicial Court reversed the decision of the superior court and vacated the judgment, holding that chapter 32, 4(2)(b), when considered in the context of the whole statute, supported the conclusion of the Contributory Retirement Appeals Board that member police officers must remit payments for creditable service for previous intermittent work.