- The Petitioner is not entitled to purchase credit for his vocational work experience under G. L. c. 32, s. 4(1)(h½) because he failed to make an election within 180 days to pay the full invoice amount, or to enter into an installment agreement within 180 days of the invoice date.
- The Petitioner was denied creditable service for the period of time that she worked for the Lowell Cemetery as she was not an employee of the City of Lowell nor was she regularly employed by the City at that time.
- During the summer months in the years 1965 through 1968, the Petitioner was a student worker and not a regular employee of the Bristol County Agricultural School. He is not eligible to purchase this prior part-time non-membership service either under the provisions of G.L. c. 32, § 3(5) or § 4(2). The decision of the Respondent denying him creditable service for that period of time is affirmed.
- Petitioner is an active member of the Teachers' Retirement System. She is not eligible under G.L. c. 32, s 3(5) to purchase for creditable service her prior work-study employment while a Boston College student, because she was paid by Boston College, a non-profit private university that is not a governmental unit of the Commonwealth. Petitioner argued but did not prove that she was paid out of public funds. She did not prove that she was directly supervised by employees of a governmental unit.
- The Petitioner's request to purchase his prior out-of-state teaching service was denied as he did not apply to purchase this time while he was a member of the Teachers' Retirement System.
- The Petitioner's employment at the College Preparatory Program does not qualify as service as a teacher for purposes of G.L. c. 32 s. 5 (4)(ii). Consequently, he cannot use this time for purposes of calculating the requisite twenty years of creditable service to qualify for the RetirementPlus Program.
- Teacher awarded creditable service through G.L. c. 32, § 3(4) for prior graduate assistant teaching work at out-of-state public university because this employment satisfied the G.L. c. 32, § 1 definition of teacher.
Lynne Deane v. Teachers' Retirement System & Plymouth County Retirement System, CR-04-415 (DALA, 2008)Teacher awarded through G.L. c. 32, § 3(5) part-time creditable service but denied full time creditable service for her prior educational work. The work had not qualified for membership in the Teachers' Retirement System because it had not satisfied the definition of teacher found in G.L. c.32, § 1. It was also non-membership service in the Plymouth County Retirement System because it was part-time and temporary. The Plymouth County Retirement System accepted liability for pro-rated creditable service based on a twelve month year, and that is what the Teachers' Retirement System gave her. Her appeal was timely filed although filed about one month prior to issuance of a formal decision letter by the Teachers' Retirement System. She had filed after receiving information about what level of creditable service she would receive and why.
- The Petitioner is not entitled to full-time creditable service for her part-time service rendered in Kennewick, Washington during the 1982-1983 school year as a high school social studies teacher. The holding in the case of Madden v. CRAB, 431 Mass. 607 (2000) is not applicable as Ms. Desrosiers’s service in Kennewick, Washington was non-membership service
- Teacher denied creditable service under G.L. c. 32, § 4(1)(p) for her prior MA non-public school employment. Social security was withheld from her pay, and at the time she applied for this creditable service, she was eligible for social security benefits.
- Beverly public school teacher who was dismissed in 1996 was not eligible to purchase creditable service for out-of-state public teaching, where he filed two separate applications to purchase creditable service in 2001 and then again in 2007, because he was not a member in service on either occasion.
- Petitioner is not entitled to purchase credit for her vocational work experience under G.L. c. 32, s. 4(1)(h ½) because she failed to purchase the service in a lump sum or enter into an installment agreement to pay within 180 days of the notice of eligibility.
- Petitioner is not entitled to purchase credit for her out of state work as a Graduate Teaching Assistant under G.L. c. 32, s. 3(4) because she does not meet the definition of teacher in G.L. c. 32, s. (1), and because the work she performed was not the functional equivalent of a teacher.
- I deny petitioner’s request to purchase her out of state teaching service. G. L. c. 32, sec. (3)(4). I do so because the teaching position she held in Ohio did not require certification from the Ohio Department of Education and, thus, does not meet the definition of teacher in 807 CMR 4.02. Consequently, I do not decide whether her teaching in an “other day school under exclusive public control and supervision” meets the statutory definition of “teacher.” G. L. c. 32, sec. 1.
- Academic/Advising Counselor at a community college whose job routinely and for a majority of her time, involves direct counseling of students in identifying and securing extra academic services while developing their academic plans, holds a “teaching position” in satisfaction of G.L. c. 32, § 3(4) criteria, and is eligible for creditable service for her prior work as a teacher in a Maine public school.
- The Petitioner was entitled to creditable service of .3372 of the full year that he was on educational leave. The Board is entitled to enforce its long-standing policy to pro-rate creditable service for leaves of absences based on rate of salary paid.
- The Petitioner is only entitled to one-half year of creditable service for her sabbatical leave as there is no distinction between leaves of absence and sabbatical leaves.
- Petitioner not entitled to purchase non-public service with a nonprofit organization pursuant to G.L. c. 32, s. 3(5). Said section applies to members of intrastate governmental units.
- The MTRS was correct to deny the Petitioner's request to purchase credit under G. L. c. 32, s. 3(4) for teaching at an Indian boarding school in Arizona from 1976-1982 (CR-07-221) because she was not a "teacher" and the school was not a "public day school" as defined in Chapter 32, s. 1, and to deny the Petitioner's request to purchase credit under G. L. c. 32, s. 3(4) for directing a day care, pre-school and kindergarten on an Army base in Japan because it was under the supervision of the Department of Army, rather than under the supervision of the Department of Defense (CR-08-354).
- The Waltham Retirement Board erred when it prorated the Petitioner's creditable service at the time her service was transferred to the Teachers' Retirement System in 1993 as such proration violated the holding in the case of Nancy Madden v. CRAB & another, 431 Mass. 697 (2000).
- Petitioner was not entitled to credit for non-public school service pursuant to G. L. c. 32, sec. 4(l)(p) because he was not working as a teacher in that school.
- The Teachers' Retirement System correctly decided that the Petitioner's earnings from her work in the Teachers Challenge Program are not regular compensation because the work was performed during the summer and because she was paid on a per diem basis.
- Petitioner is entitled to purchase 3.06 years of credit for his part-time, non-membership service under G.L. c. 32, s. 4(2)(c).
- The Teachers’ Retirement System properly denied the Petitioner’s request to purchase creditable service for her out-of-state service as her employment at Concord University did not meet the required statutory definition of teacher nor was the Lab School a “public school” as defined by G.L. c. 32, §1.
- Teacher denied creditable service under G.L. c. 32, s. 3(4) for prior out-of-state employment giving high school course instruction to minors adjudicated juvenile delinquents and classified as prisoners by the state, because his work did not satisfy the definition of teacher in G.L. c. 32, s. 1, and the facility was not a public day school as defined in G.L. c. 32, s. 1.
- The Petitioner was denied the right to purchase creditable service for her position as a teacher's aide as part of her Northeastern University cooperative program as she was not an 'employee' of the Commonwealth of Massachusetts during the relevant period of time.
Jan Ryerson v. Boston Retirement Board, Teachers' Retirement Board & State Board of Retirement, CR-07-655 (DALA, 2008)Boston school department teacher allowed creditable service through G.L. c.32, § 3(5) for prior non-membership teacher service at an educational collaborative under G.L. c.40, § 4E, which makes its Board of Directors a public employer. Ms. Ryerson had received regular compensation for her part-time temporary work for the collaborative. Because it was work not subject to Teachers' Retirement System membership, that System did not need to accept liability for the creditable service under G.L. c. 32, § 3(8)(c).
- 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.
- The Petitioner is not entitled to purchase her prior 03 employment as the provisions of G.L. c. 32, s. 4(1)(s) providing for such purchase are applicable only to members of the State Retirement System.
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