Decision  Ganley v. State Bd. of Ret., CR-25-0007

Date:	03/06/2026
Organization:	Division of Administrative Law Appeals
Docket Number:	CR-25-0700

• Petitioner: Caroline M. Ganley
• Respondent: State Board of Retirement
• Administrative Magistrate: Judi Goldberg

Order of Dismissal

Petitioner Caroline M. Ganley appealed the State Board of Retirement’s (SBR) denial of her request to purchase contract service pursuant to G.L. c. 32, § 4(1)(s). The SBR’s regulations clarify section 4(1)(s)’s provision regarding when a member’s contract service occurred: “The contract employee service being purchased must have immediately preceded membership or re-entry into the MSERS [Massachusetts State Employees’ Retirement System]. For purposes of this regulation, ‘immediately preceded’ shall mean within 180 calendar days.” 941 CMR 209(3)(e).

Ms. Ganley is seeking to purchase contract service from February 11, 1993, to June 30, 1996. When Ms. Ganley concluded her contract service, she became a member of the Lawrence Retirement System (from November 8, 2000, to January 20, 2007). She left the Lawrence Retirement System and became a member of the MSERS on January 13, 2013.

Ms. Ganley’s last day of work as a contract employee was on June 30, 1996, more than 180 calendar days before her entry into MSERS on January 13, 2013. I therefore issued an Order to Show Cause why her appeal should not be dismissed for failure to state a claim on which relief may be granted. Ms. Ganley responded to this Order to correct the misunderstanding that she was no longer a member in service. I thereafter issued a second Order to Show Cause why she should be able to purchase contract service that occurred more than 180 calendar days after her MSERS membership. In that Order, I indicated that I may dismiss the matter if she failed to provide a sufficient response. She failed to respond to the second Order.

Accordingly, I hereby dismiss the Petitioner’s appeal for failure to prosecute. 801 CMR 1.01(7)(g)(2).

Dated: March 6, 2026

/s/ Judi Goldberg

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