COMMONWEALTH OF MASSACHUSETTS
DIVISION OF ADMINISTRATIVE LAW APPEALS

Henry W. Perrin, Jr.,

Petitioner

v. Docket No. CR-07-531


Teachers' Retirement System

Respondent


Appearance for the Petitioner:

Henry J. Perrin, Jr.

312 Long Pond Road
Marston Mills, Massachusetts 02648

Appearance for the Respondent:

Robert Fabino, Esq.

Teachers' Retirement System
One Charles Park
Cambridge, Massachusetts 02142

Administrative Magistrate:

Francis X. Nee, Esq.

DECISION

Henry J. Perrin, Jr. applied for approval to purchase credit for his non-public school service. G. L., c. 32, sec. 4(1)p. The Teachers' Retirement System denied the request and Perrin appealed. G. L., c. 32, sec. 16(4). I conducted a hearing on November 20, 2008 at the Division of Administrative Law Appeals, 98 North Washington Street, Boston. During the hearing, which I recorded on one tape cassette, I took six exhibits into the record. Perrin was the sole witness.

FINDINGS OF FACT

1. In September 1977, Mr. Perrin became a member of the Teachers' Retirement System after he began teaching in the Weymouth Public Schools. (Exhibit 6.)

2. Mr. Perrin continued to work as a public school teacher in Massachusetts until June 1986 (Testimony.)

3. From August 1986 to October 1997, Mr. Perrin served as an administrator at Saint Coletta, a private school. (Exhibit 4.)

4. While at Saint Coletta, Mr. Perrin did not teach. He administered programs and supervised other managers, including the school's principal. (Testimony.)

5. From 1997 to the present, Mr. Perrin has worked as the administrator of special education for the Sandwich Public Schools. (Testimony.)

6. In March 2007, Mr. Perrin applied for approval to purchase credit for his non-public school service at Saint Coletta School. (Exhibit 3.)

7. In July 2007, the Teachers Retirement System denied Mr. Perrin's request. (Exhibit 1.)

DISCUSSION

The law governing state-operated retirement and pension systems allows a member of a contributory retirement system to obtain credible service for "time previously spent teaching pupils in any nonpublic school in the Commonwealth." G. L. c. 32, sec. 4(l)(p). While working at Saint Coletta School, Mr. Perrin was not engaged in teaching. (Finding 4.) Thus, he is not entitled to receive creditable service for his time working at that school.

Accordingly, I affirm the decision of the Teachers' Retirement System to deny Mr. Perrin's request for credible service for his years at Saint Coletta School.

DIVISION OF ADMINISTRATIVE LAW APPEALS

Francis X. Nee
Administrative Magistrate

DATED: March 12, 2009