Broderick v. Mayor of Boston

• Decision Date: 28 June 1977
• Citation: 5 Mass.App.Ct. 846,363 N.E.2d 1354
• Court: Appeals Court of Massachusetts

Page 1354

363 N.E.2d 1354

5 Mass.App.Ct. 846

Chester J. BRODERICK et al. v. MAYOR OF BOSTON et al. Appeals Court of Massachusetts, Suffolk.

Argued March 22, 1977.

Decided June 28, 1977.

Frank J. McGee, Marshfield, for plaintiffs.

Robert E. Holland, Boston (Herbert P. Gleason, Corp. Counsel, and Paul T. Edgar, Asst. Corp. Counsel, Boston, with him), for defendants.

Before HALE, C.J., and KEVILLE, GOODMAN, GRANT, ARMSTRONG and BROWN, JJ.

RESCRIPT.

The plaintiffs, members of the police or fire department of the city of Boston, seek an order requiring the city to equalize group insurance contributions to various classes of city employees pursuant to St. 1973, c. 789, § 1, which amended G.L. c. 32B, § 7A, inserted by St.1968, c. 100, § 1, to prevent different rates of contribution by governmental units among different classes or groups of employees. The city contends that while it voted to accept the 1968 statute, as that statute required to make it applicable to the city, it never voted to accept the 1973 amendment and should therefore not be bound by the equalization provision. We hold that having accepted G.L. c. 32B, § 7A, the city could not revoke its acceptance and it became bound by subsequent amendments to the statute. Costa v. Selectmen of Falmouth, --- Mass.App. ---, --- - --- ^a, 322 N.E.2d 789 (1975) (dealing with other amendments to G.L. c. 32B). Compare Dudley v. Cambridge, 347 Mass. 543, 545--546, 199 N.E.2d 208 (1964), with McDonough v. Lowell, 350 Mass. 214, 217, 214 N.E.2d 50 (1966). Accordingly, the judgment of the Superior Court dismissing the action is reversed and a new judgment is to be entered ordering the city to equalize its rates of contribution for the various groups of employees from the effective date of St.1973, c. 789, § 1. (This is the opinion of the majority of the court.)

So ordered.

a. Mass.App.Ct.Adv.Sh. (1975) 221, 223--224.