Decision  Cobbs v. MTRS, CR-25-0756

Date:	03/20/2026
Organization:	Division of Administrative Law Appeals
Docket Number:	CR-25-0756

• Petitioner: James Cobbs
• Respondent: Massachusetts Teachers’ Retirement System
• Administrative Magistrate: Judi Goldberg

Order of Dismissal

Petitioner James Cobbs appealed the decision by the Massachusetts Teachers’ Retirement System (MTRS) not to treat mileage reimbursements that he received as part of his regular compensation when calculating his retirement allowance. Section 1 of Chapter 32 of the Massachusetts General Laws defines regular compensation as “compensation received exclusively as wages by an employee for services performed in the course of employment for his employer.” However, Section 1 and 840 CMR 15.03(3)(f) specifically exclude from wages any payment for travel, job-related expense payments, and automobile use.

On February 9, 2026, I issued an Order to Show Cause asking Mr. Cobbs to respond by March 9, 2026, as to why MTRS should treat the payments he received for mileage reimbursement as part of his regular compensation. In that Order, I indicated that I may dismiss the matter if he failed to provide a sufficient response. He did not respond by the deadline.

Accordingly, I hereby dismiss the Petitioner’s appeal for failure to prosecute his claim. 801 CMR 1.01(g)(2).

Dated: March 20, 2026

Judi Goldberg
Administrative Magistrate
Division of Administrative Law Appeals
14 Summer Street, 4th floor
Malden, MA 02148
Tel:  [phone]
www.mass.gov/dala