- What happens after my retirement hearing?
WHAT
HAPPENS NOW?
After a retirement hearing is held at the Division of Administrative Law Appeals (“DALA”), the Administrative Magistrate will write a decision. It is the policy of DALA that all decisions be written within 60 days of the close of the record (after any post-hearing briefs or documents are due from the parties). If two months have passed after the close of the record and you have not received your decision, you may telephone First Administrative Magistrate Kimberly Fletcher and/or Chief Administrative Magistrate Christopher Connolly and ask about the issuance of the decision.
A copy of the decision will be mailed to you along with a cover letter advising you that you have the right, under G.L. c. 32, § 16(4), to file objections to the decision within 15 days to the Contributory Retirement Appeal Board (“CRAB”). After filing objections with CRAB, with a copy to DALA (98 North Washington Street, 4th Floor, Boston, MA. 02114) and a copy to the other parties or parties involved in this case, you may have an additional 30 days if needed to send sets of copies of all the exhibits in the case as follows: three sets to CRAB and a set (or sets) to the other parties (or parties). Do not send a set of exhibits to DALA. Mark each exhibit in the numerical order as it was marked at the hearing, e.g. Ex. 1, Ex. 2, etc. CRAB will not put any case on its agenda until exhibits have been received from the party filing objections. CRAB's address is:
David
Guberman, AAG
Chair, Contributory Retirement Appeal Board
Office of Attorney General Martha Coakley
One Ashburton Place
Boston, MA 02108
CRAB is a separate and distinct agency from DALA. CRAB consists of the following: David Guberman, an Assistant Attorney General who serves as Chairman of CRAB; Joseph Martin, the Deputy Commissioner of the Public Employee Retirement Administration Commission (“PERAC”); and a third member appointed by the Governor. For all disability claims, Dr. Joseph Cohen, the designee of the Commissioner of Public Health, substitutes for the PERAC member.
If one party objects to the DALA decision, the other side has the right, under 801 CMR 1.01(11)(c)(1), to file a response to the objections within 20 days of receipt of a copy of the objections.
Even if neither party objects to the DALA decision, CRAB may, within 15 days of the issuance of the decision, decide to review the decision on its own initiative. CRAB will consider the entire record of the case, including all exhibits as well as DALA’s decision and any objections filed. It will not listen to any additional testimony. It generally takes about three months for a case to get on CRAB’s agenda after DALA has issued its decision. Thereafter, CRAB will issue its decision that will affirm, modify or reverse DALA’s decision. On occasion, CRAB may remand the matter to DALA for the taking of additional evidence. If a party does not object to the DALA decision and CRAB does not review on its own initiative, the DALA decision becomes final and binding on the parties.
After CRAB has issued its decision, you will be sent a copy and advised of the right by the losing party to appeal to Superior Court.
Division
of Administrative Law Appeals 98 North Washington Street, 4th
Floor,
Boston, MA 02114
Telephone (617) 727-7060 Fax (617) 727-7248