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Decision

Decision  Allen Machon v. Teachers' Retirement System, CR-05-139 (CRAB, 2008)

Date: 12/23/2008
Organization: Division of Administrative Law Appeals
Docket Number: CR-05-139
  • Petitioner: Allen H. Machon
  • Respondent: Teachers' Retirement System
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Decision

On October 20, 2006, the Division of Administrative Law Appeals issued a decision affirming the decision of respondent denying petitioner's request to petition for election into the RetirementPlus alternative benefit program under St. 2004, c. 149, § 397. By letter dated November 10, 2006, and postmarked November 14, 2006, petitioner sought to appeal the decision. The appeal is untimely because G. L. c. 32, § 16, requires that such appeals be brought "within fifteen days after such decision[.]" Accordingly, this case is dismissed for lack of subject-matter jurisdiction. 1

SO ORDERED.
CONTRIBUTORY RETIREMENT APPEAL BOARD

/s/
Joseph I. Martin
Public Employee Retirement Administration Commission Appointee

Vacant
Governor's Appointee

/s/
David A. Guberman
Assistant Attorney General
Chairman
Attorney General's Appointee

Date: December 23, 2008

1 Alternatively, this case would be subject to conditional dismissal under Standing Order 2008-2.

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