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Decision

Decision  Gemelli v. State Bd. of Ret., CR-25-0609

Date: 03/20/2026
Organization: Division of Administrative Law Appeals
Docket Number: CR-25-0609
  • Petitioner: Scott Gemelli
  • Respondent: State Board of Retirement
  • Administrative Magistrate: James P. Rooney
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Order of Dismissal

The State Board of Retirement refused to reopen Scott Gemelli’s bill to purchase prior military service. Mr. Gemelli filed a timely appeal. The Board has now moved to dismiss his appeal. It represents that it has now allowed Mr. Gemelli to purchase this service, and it believes Mr. Gemelli has completed the service purchase.    

The State Board’s action allowing the service purchase makes the appeal moot, and I am therefore conditionally dismissing it. See 801 CMR 1.01(7)(g)3. The dismissal will become final by April 20, 2026 unless by that date Mr. Gemelli files a request to keep the appeal open and states what issues remain to be resolved. If Mr. Gemelli agrees with the dismissal, he need take no action.   

Date: March 20, 2026

James P. Rooney
Administrative Magistrate
Division of Administrative Law Appeals
14 Summer Street, 4th floor
Malden, MA 02148
Tel:  (781) 397-4700
www.mass.gov/dala

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