Contributory Retirement Appeal Board Decisions (Alphabetical)

CRAB lacks subject matter jurisdiction to hear an appeal from the Barnstable County Retirement Board as either an applicable appeal period has run or PERAC has not done anything, or failed to do anything from which an appeal may yet be filed.

Failure timely to appeal decision of the retirement board that the Petitioner was not entitled to membership in the retirement system based on his service with the Berkshire Training and Employment Program (BTEP) bars petitioner from raising that issue again. Merely making a second request for membership and then appealing timely the Board's second denial does not revive the member's right of appeal.

Holds that date of receipt of decision appealed from starts appeal period; post-mark date for appeal filed by U.S. Mail is date of filing with CRAB; proceeds of sale of a close corporation owned by petitioner is earned income for purposes of Sec. 91A; retained earnings of a close corporation owned by the petitioner are not earned income for purposes of Sec. 91A; and allocated rental income from rental of equipment to close corporation owned by petitioner is earned income for purposes of Sec. 91A.

CRAB denied jurisdiction on the basis of an untimely appeal filed by the Petitioner who wished to appeal the denial by DALA of his request to participate in the RetirementPlus Program.

Remand to the Division of Administrative Law Appeals for additional findings as to whether the MTRS misled the petitioner as to how much creditable service he would receive for a period during which he was on an educational leave of absence or whether petitioner "failed to inform the MTRS representatives with whom he spoke that he was not 'full time.'"

CRAB affirmed the award of military service for the Petitioner as he met the definition of veteran for having served on active duty in the army from February 3, 1953 to January 22, 1955.

CRAB affirmed the original DALA decision to allow the Petitioner to purchase his prior service as an attorney with New Directions, a program under the Job Training Partnership Act.

The Petitioner is not entitled to make an election under Option C as no election had been made or was in effect at the time of the member's death.

Decision on Motion for Reconsideration: CRAB affirmed its original decision to allow the Petitioner to purchase creditable service for his prior service with the Suffolk County District's Attorney's Office.

CRAB denied jurisdiction on the basis of an untimely appeal because the Petitioner did not file an appeal within fifteen days of receiving notice of the Retirement Board's decision.

CRAB denied jurisdiction on the basis of an untimely appeal filed by the Petitioner who wished to appeal the denial by DALA of his request to participate in the RetirementPlus Program.

Petitioner failed to show good cause why his objections to the decision of DALA should not be dismissed based on his failure to submit copies of the exhibits.

CRAB denied jurisdiction on the basis of an untimely appeal filed by the Petitioner who wished to appeal the denial by DALA of his request to participate in the RetirementPlus Program.

CRAB allowed the Petitioner to purchase creditable service for work as a teacher in a non-public school pursuant to G.L. c. 32, s. 4(1)(p) despite the fact that his work at the non-public school may have allowed him to receive Social Security benefits.