Jurisdiction

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.

The Respondent's Motion to Dismiss was allowed as the Petitioner's appeal of a decision to deny him eligibility for participation in the RetirementPlus Program had previously been dismissed.

The case is dismissed because CRAB is without jurisdiction under G.L. c. 32, s. 16(4) to hear an appeal of a retirement board decision rendered with reference to the Petitioner's dereliction of duty as set forth in G.L. c. 32, s. 15. Petitioner is instructed to appeal to the district court under G.L. c. 32, s. 16(3).

Case is dismissed because CRAB has no jurisdiction over which member unit of the Plymouth County Retirement System the Petitioner should be retired from. The issue of retiree health insurance benefits is governed by G.L. c. 32B.

An appeal was filed late where the member appealed the decision of the retirement board one hundred days after the board rendered its decision; as DALA did not have jurisdiction, the appeal was dismissed.