Decision  Christiansen v. State Bd. of Ret., CR-26-0310

Date:	09/25/2026
Organization:	Division of Administrative Law Appeals
Docket Number:	CR-26-0310

• Petitioner: Jill Christiansen
• Respondent: State Board of Retirement
• Administrative Magistrate: Kenneth J. Forton

Order of Dismissal

Petitioner Jill Christiansen appeals from a decision of the State Board of Retirement denying her application to purchase contract service with the Middlesex North Sheriff’s Office under G.L. c. 32, § 4(1)(s).  The Board’s decision is dated May 12, 2026. Ms. Christiansen filed her appeal on June 29, 2026, approximately a month after the end of the fifteen-day appeal period prescribed by G.L. c. 32, § 16(4). 

A prior order directed Ms. Christiansen to show cause why her appeal should not be dismissed for lack of jurisdiction and for failure to meet the requirements to purchase contract service under § 4(1)(s) and 941 CMR 2.09(3)(e)(2).  See Oxford v. Lawrence Ret. Bd., No. CR-18-5, 2023 WL 11806166 (Contributory Ret. App. Bd. May 17, 2023).  Ms. Christiansen replied that she wanted to finish paying off a different buyback first and was told that once that buyback was paid in full, she would then be able to purchase the contract service that is the subject of this appeal. 

Unfortunately, this situation does not toll the appeal period or otherwise allow her not to comply with the 15-day deadline in § 16(4).  To the extent that she relied on the Board’s advice, a retirement board’s erroneous earlier statements do not relieve it from the obligation to enforce the law correctly today.  See Clothier v. Teachers’ Ret. Bd., 78 Mass. App. Ct. 143, 146 (2010).

It is therefore ORDERED that this appeal is DISMISSED.

Division of Administrative Law Appeals

Dated: September 25, 2026                   

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

Sent to:              
Jill Christiansen
Allison K. Eggers, Esq.