Retire board asks attorney to review Clancy pension

LYNN – Former Mayor Edward J. Clancy Jr.?s $6,600 a month pension could be cut by thousands of dollars depending on how legal research and a court appeal steers the Lynn Retirement Board following this month?s landmark court decision on mayoral pay.The five-member board asked its attorney Tuesday to review state pension law and determine how a judge?s decision declaring the mayor?s salary to be $82,500 a year potentially impacts Clancy?s retirement income.?If it means he has been paid more than he is rightfully due, going forward, his benefits would be reduced consistent with the judge?s ruling,” said Board Chairman Michael Marks.Public employee pensions are typically calculated based on the retired worker?s salary while employed and years of public service. Clancy served as mayor from 2002 to 2010, and Board Director Gary Brenner said the former mayor?s pension is calculated based on a $142,000 former annual salary.By contrast, Brenner said a pension calculated against an $82,500 a year salary would pay $3,775 a month. Clancy?s current pension sum includes cost of living allowance increases city retirees periodically receive.Clancy on Tuesday confirmed he is appealing the Superior Court decision that concluded a 1998 city ordinance, rather than earlier ones, set mayoral pay at $82,500, but he said he was not aware of Tuesday?s board meeting.?I didn?t know anything about this. If the Retirement Board sends me something, I?ll pay attention,” he said.Marks noted the Superior Court decision has “ripple effects” throughout city government and said Clancy “theoretically might owe additional monies retroactively” relative to his current pension in light of the court decision.But speculation about Clancy paying pension money back to the city raises possible questions about what, if any, money he is owed from potential overpayments he made based on his mayoral salary. Public employees, noted Brenner, contribute money from their paychecks to their retirements, and Clancy?s contributions were based on calculations that factored in the salary he received. In addition, he paid income taxes on that salary.Marks indicated the board would probably wait for Clancy?s appeal to make its way through the judicial system before voting to take action, if any, on the former mayor?s pension. But he said the Clancy matter will come before the board again, initially in late April, when Boston attorney Scott Merrill discusses his research findings with board members.?Doing nothing is not the nature of the board,” Marks said.