Where a teacher received stipends for his work as an “environmental club advisor,” the stipends counted as “regular compensation” for purposes of computing the teacher’s retirement allowance.
A contrary decision by the Massachusetts Teachers’ Retirement System is reversed.
“Petitioner Thomas Hoppensteadt appeals from a decision of the Massachusetts Teachers’ Retirement System declining to include his stipends for serving as an ‘environmental club advisor’ in his ‘regular compensation’ for retirement purposes. …
“A teacher’s regular compensation also includes ‘salary payable under the terms of an annual contract for additional services.’ … To satisfy this rule, both the ‘additional services’ and the ‘remuneration’ for them must be ‘set forth in the annual contract.’ 807 C.M.R. §6.02(1)(a), (c). The ‘annual contract’ in this context is the applicable CBA. §6.01. The additional services also must be ‘educational in nature’ and ‘performed during the school year.’ §6.02(1)(b), (d).
“The dispute here concentrates on whether Mr. Hoppensteadt’s services as ‘environmental club advisor’ were ‘set forth’ in Mashpee’s CBAs. …
“… There is no textual or purpose-based reason to insist that a CBA’s language also must match the labels appearing on the member’s pay stubs; the governing statute and regulations disclose no interest in regulating the granularity of the collective bargaining process. …
“The stipends that Mr. Hoppensteadt received for his work as an ‘environmental club advisor’...
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