Massachusetts General Laws

Mass. Gen. Laws ch. 32, § 28M (2026)

Department of correction employees; retirement

✓ current as of July 2026

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Section 28M. Notwithstanding the provisions of sections one to twenty-eight, inclusive, to the contrary, any employee of the department of correction, classified under Group 4, whose major responsibilities include the care and custody of prisoners, and any transportation officer working within the department of correction, who has performed services in the department of correction for not less than twenty years shall, at his own request, be retired by said retirement board. Upon retirement under the provisions of this section a member shall receive a retirement allowance to become effective on the date of his retirement. Payments under such allowance shall be made as provided for in section twelve and thirteen and the normal yearly amount thereof shall be equal to one-half of the annual average rate of his regular compensations during the twelve-month period of his creditable service immediately preceding the date his retirement allowance becomes effective; provided, however, that the total amount of the allowance shall be increased by one-twelfth of one percent for each full month of service in excess of twenty years' service and prior to the last day of the month in which such member will attain the age of retirement. Any member retired under the provisions of this section who is a veteran as defined in section one shall receive an additional yearly retirement allowance of fifteen dollars for each year of creditable service or fraction thereof; provided, however, that the total amount of said additional retirement allowance shall not exceed three hundred dollars in any case.

Notes of Decisions

Cited in 2 cases, 1996–2001 · leading case: Hollum v. Contributory Ret. Appeal Bd., 757 N.E.2d 1126 (Mass. App. Ct. 2001).

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Hollum v. Contributory Ret. Appeal Bd., 757 N.E.2d 1126 (Mass. App. Ct. 2001). · cites it 2× “The hearing magistrate further reasoned that, if the Legislature had intended to include the position of assistant deputy superintendent within the ambit of eligibility for the augmented retirement benefit provided by § 28N, it would have said so expressly or, alternatively,…”

Lane v. State Ret. Bd., 5 Mass. L. Rptr. 188 (Mass. Super. Ct. 1996). · cites it 10× “30A, §14 seeking judicial review of a decision by the Contributory Retirement Appeal Board (“CRAB”) finding that he was not eligible for superannuated retirement benefits under G.L.c. 32, §§28M and 28N. The plaintiff contends that CRAB’s decision is erroneous as a matter of law…”

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