Finally, the Board argues that Ms. Callahan was not employed” and “regularly therefore did not meet the statutory definition of an employee. The retirement system points to the fluctuation in the amount of hours that Ms. Callahan worked and her time schedule until 2012. However, under § 4(2)(c), Ms. Callahan is entitled to prorated credit for part-time service if she was an employee of any governmental unit and a member of its retirement system and the system had a supplementary regulation in effect when Ms. Callahan applied for the service. Revere’s regulation was promulgated on July 11, 1990; it provides that service for part workers shall be prorated as it “[c]reditable bears against full service.” Ms. Callahan was employed,” even though “regularly she worked part-time, did not work the same number of hours each week, and occasionally took a week or two off of work for an unpaid vacation. term “The ‘regularly employed’ according to its usual meaning refers to continuous employment as distinguished from sporadic, intermittent, or temporary employment.” Retirement Bd. of 34 Mass. App. Ct. 486, 488-489 (1993); Memorandum at Concord v. Colleran, Crowley, *4 (citing Colleran). For the foregoing reasons, the Petitioner has proven that she is an employee of the City and thus entitled to purchase her creditable service. The Board’s decision denying her request is therefore reversed. SO ORDERED. DIVISION OF ADMINISTRATIVE LAW APPEALS ___________________________________________
Finally, the Board argues that Ms. Callahan was not “regularly employed” and therefore did not meet the statutory definition of an employee. The retirement system points to the fluctuation in the amount of hours that Ms. Callahan worked and her schedule until 2012. However, under § 4(2)(c), Ms. Callahan is entitled to prorated credit for part-time service if she was an employee of any governmental unit and a member of its retirement system and the system had a supplementary regulation in effect when Ms. Callahan applied for the service. Revere’s regulation was promulgated on July 11, 1990; it provides that “[c]reditable service for part workers shall be prorated as it bears against full time service.” Ms. Callahan was “regularly employed,” even though she worked part-time, did not work the same number of hours each week, and occasionally took a week or two off of work for an unpaid vacation. “The term ‘regularly employed’ according to its usual meaning refers to continuous employment as distinguished from sporadic, intermittent, or temporary employment.” Retirement Bd. of Concord v. Colleran, 34 Mass. App. Ct. 486, 488-489 (1993); Crowley, Memorandum at *4 (citing Colleran). For the foregoing reasons, the Petitioner has proven that she is an employee of the City and thus entitled to purchase her creditable service. The Board’s decision denying her request is therefore reversed. SO ORDERED. DIVISION OF ADMINISTRATIVE LAW APPEALS ___________________________________________
callahan-kathleen-v-revere-retirement-bd-decision-08-25-2017.docx