Decision  Atter v. MTRS, CR-25-0679

Date:	12/12/2025
Organization:	Division of Administrative Law Appeals
Docket Number:	CR-25-0679

• Petitioner: Michelle Atter
• Respondent: Massachusetts Teachers’ Retirement System
• Administrative Magistrate: Kenneth J. Forton

Order of Dismissal

Petitioner is seeking to purchase her part-time service at Mount Wachusett Community College from October 10, 1997 through January 3, 2022, under G.L. c. 32, § 4(1)(s). During this entire period, Petitioner was employed full-time in governmental units that participated in Chapter 32 contributory retirement systems and received a full year of creditable service for all such years.

On November 18, 2025, Petitioner was ordered to show cause no later than December 5, 2025 why this appeal should not be dismissed for failure to state a claim upon which relief may be granted.  I explained to her that the retirement law forbids a member from receiving more than one year of creditable service in any calendar year.  G.L. c. 32, § 4(1)(a).  Therefore, purchasing the part-time service would contribute nothing to her creditable service total.

I explained that failing to respond to the Order to Show Cause would result in the dismissal of her appeal.  The Petitioner failed to respond to the Order to Show Cause.  Accordingly, this matter is hereby DISMISSED.

Dated: December 12, 2025                            

/s/ Kenneth J. Forton
___________________________
Kenneth J. Forton
Administrative Magistrate

Notice sent to:  
Michelle Atter
James O’Leary, Esq.