Creditable Service

Petitioner is not entitled to purchase credit for his work on an 03 contract from 1984 to 1985, or for his work for the Temporary Assistance Department (TAD) Program from 1985 to 1988 because he did not meet the definition of employee in G.L. c. 32, s. 1 in either position.

Petitioner who wished to purchase his prior vocational service failed to rebut the presumption that the Invoice and accompanying letter were sent to him in February 2007. He is no longer able to purchase that service.

The petitioner may purchase his contract service as creditable service because he has more than ten years of creditable service with the State Employees Retirement System. The State Board of Retirement erred when it determined that his past military service could not be included as creditable service in order to satisfy the ten year service requirement under G.L. c. 32, s. 4 (1) (s).

The petitioner may purchase his contract service as creditable service because he has more than ten years of creditable service with the State Employees Retirement System. The State Board of Retirement erred when it determined that his past military service could not be included as creditable service in order to satisfy the ten year service requirement under G.L. c. 32, § 4 (1) (s).

The three months and twenty-nine days of creditable service that the Petitioner received for the period that he received workers' compensation payments shall not be counted as "services" for the purposes of determining his eligibility for a retirement allowance pursuant to G.L. c. 32, s 28N, based upon the clear language of the statute, the definitions of "creditable service" and "service" in G.L. c. 32, s 1, and the consistent treatment of s 28N in prior DALA, CRAB and Superior Court decisions.

The petitioner was not entitled to creditable service for his past military duty because he failed to purchase the service while he was a "member in service" as required by G.L. c. 32, § 4(1)(h).

Denies request for creditable service for time petitioner was employed as an instructor in medical/surgical nursing at the Holyoke Hospital School of Nursing, because this institution was not a "governmental unit" during that time and because there was no evidence that the Commonwealth financed the tuition of the nursing school's students in whole or in part.

The Petitioner was not entitled to purchase creditable service for her prior summer camp counseling employment as she was a seasonal employee and not eligible for membership in the Arlington Retirement System.

Petitioner is not entitled to purchase credit for 03 service under G.L. c. 32, s. 4(1)(s) because she has not demonstrated that the service was in fact 03 service, and even if the service was 03 service, it did not "immediately precede" the Petitioner's membership in the state retirement system where there was an 11 year gap between the purported 03 service and the date the Petitioner established membership.

Petitioner, a current member of respondent retirement system with at least ten years of creditable service, seeks creditable service through G.L. c. 32, § 4(1)(s) for immediately prior non-membership part-time service as an instructor at the same community college where she now works full-time as a professor-instructor. She had been hired to work one-fourth the course load of a full-time instructor one semester at a time, and worked six consecutive semesters, 1980-1983. This is the equivalent of working three academic years as no work is done by full-time professors for more than two semesters a year. Respondent prorated her creditable service but erroneously used a twelve month calendar year and not the nine month academic year that pertained to her work. Case is remanded to make this correction to the calculation. Because this was non-membership prior service, she cannot receive three full years of creditable service.

The Petitioner is entitled to creditable service for the period of time that he served as a Deputy Sheriff in the Civil Process Division of the Hampshire County Sheriff's Department as he was an employee of a governmental unit during that 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.

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.

The Petitioner is entitled to receive full creditable service for the period of time that she worked part-time and received partial incapacity benefits pursuant to G.L. c. 152, § 35. The holding in the case of Christiana Amoah v. Contributory Retirement Appeal Board, Suffolk Superior Court, Civil Action No. 2002-0988B is applicable to the facts in this case.

Full time creditable service awarded for prior teaching work. That work had not been subject to Teachers' Retirement System membership. He had been paid for his prior teaching work by a non-profit that was only a funding conduit and did not operate the alternative school for special needs students where he worked. Mr. Roy was hired and supervised by public employees, no students attending the school paid tuition, and the school was regulated as a public school by the Dept. of Education. Mr. Roy was found to have been an employee of a governmental unit receiving regular compensation in satisfaction of G.L. c. 32, § 1 pertinent definitions. He should have been given membership in the Springfield Retirement System at the time. He did gain that membership later when his same job was transferred onto the Springfield public school payroll.

The Petitioner has not met his burden of demonstrating entitlement to purchase creditable service for the period of time that he served as a Health Educator for the City of Fall River from 1994 through 2002. During that period of time, the Petitioner was deemed an independent contractor and not an employee and as such, in accordance with the provisions of G.L. c. 32, § 3(5), he is not eligible to purchase this service

Respondent properly calculated Petitioner's creditable service in reliance on the data provided by Petitioner's employer. Petitioner failed to show she was erroneously given off-payroll status at certain times. Petitioner cannot receive creditable service for the time periods she received G.L. c. 152, s 35 partial disability workers compensation benefits, but when she worked part-time during those times, she properly received creditable service for those part-time hours. Petitioner cannot receive creditable service for payments received for unused vacation time or for unused sick leave time, because such payments are not regular compensation. Petitioner has under twenty years of creditable service and is under age fifty-five so she is not eligible for a G.L. c. 32, s 10(2) termination allowance or for superannuation retirement.

Petitioner is not eligible to purchase creditable service after the date of her retirement under G.L. c. 32, ss. 3(3) and 4(2)(c).

Petitioner is entitled to purchase credit for work as a teaching assistant in the Bi-County Collaborative from 1977-1981 under G.L. c. 32, s. 3(5) because the Bi-County Collaborative should have been deemed to be a governmental unit prior to 1985.

The Petitioner was not entitled to purchase creditable service pursuant to G.L. c. 32, s. 4(1)(s) for her service as a clinical instructor at a community college as she was not a member in service of the State Employees Retirement System at the time she filed a request for such purchase.

The Petitioner's request to purchase creditable service pursuant to Chapter 161 of the Acts of 2006 was denied as he did not have the statutory requisite of ten years between the date he became a member of the State Employees Retirement System and the date he requested to purchase his prior contract service.

The Petitioner is not entitled to purchase his prior military service as he was not a member in service at the time he requested to make this purchase.

Petitioner can purchase prior part-time non-membership service for the City of Boston that was subject to annual contracts although not done as an independent contractor, and performed during the same time he held membership in the same retirement system as a full-time teacher receiving full years of creditable service. Due to G.L. c. 32, s 4(1)(a), Petitioner cannot receive more than one year of creditable service per calendar year, but he can receive an additional full year of creditable service during one school year when he was on an unpaid leave of absence while performing this other work. Pursuant to 840 CMR 15.02(2), Petitioner must purchase the most recent prior service first.