Decision  Gentile v. MTRS, CR-25-0652

Date:	04/03/2026
Organization:	Division of Administrative Law Appeals
Docket Number:	CR-25-0652

• Petitioner: Maria Gentile
• Respondent: Massachusetts Teachers’ Retirement System
• Administrative Magistrate: Judi Goldberg

Order of Dismissal

Petitioner Maria Gentile appealed from a decision of the Massachusetts Teachers’ Retirement System (MTRS) denying her application to purchase creditable service for her time teaching in Rhode Island. The MTRS denied her application in a letter dated January 3, 2025. In its denial letter, the MTRS notified Ms. Gentile that she must file an appeal within 15 days of receipt of the letter. Ms. Gentile’s appeal to the Division of Administrative Law Appeals (DALA) is dated October 27, 2025, more than 15 days after she received the denial letter. The MTRS filed a motion to dismiss based on Ms. Gentile’s untimely appeal. DALA ordered Ms. Gentile to respond to that motion by March 19, 2026. Ms. Gentile responded on March 24, 2026, explaining that she had not filed an appeal sooner because she had sought clarification from several different sources to better understand her options and how to obtain the appropriate records.

However, the 15-day time limit to appeal is jurisdictional. Mireault v. State Bd. of Ret., CR-17-168 (Contributory Ret. App. Bd. Apr. 28, 2025). A jurisdictional deadline is one that DALA cannot extend; when a deadline is not met, DALA has no authority to act. Oxford v. Lawrence Ret. Bd., CR-18-0005, 2023 WL 11806166, at *2 (Contributory Ret. App. Bd. May 17, 2023). Accordingly, it is hereby ordered that this appeal is dismissed for lack of jurisdiction. 801 CMR 1.01(7)(g)(3).

Dated: April 3, 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