Decision  Lancaster v. State Bd. of Ret., CR-26-0367

Date:	09/25/2026
Organization:	Division of Administrative Law Appeals
Docket Number:	CR-26-0367

• Petitioner: Javier Lancaster
• Respondent: State Board of Retirement
• Administrative Magistrate: Kenneth J. Forton

Order of Dismissal

This matter concerns the termination of retirement benefits due to Javier Lancaster because he failed to file a 2025 annual statement of earned income with PERAC, as he was required to do under G.L. c. 32, § 91A.  PERAC notified the State Board of Retirement that Mr. Lancaster had not complied with this requirement.

On July 1, 2026, the Board notified Mr. Lancaster that he was not in compliance. When he did not respond, the Board notified him again on August 5, 2026, that it would terminate his retirement benefits, beginning with his September 2026 monthly allowance, if he did not respond. 

Mr. Lancaster filed an appeal of the Board’s decision with DALA.  On August 25, 2026, based on representations from Mr. Lancaster in his appeal letter, I ordered the Board and PERAC to review their records to see if Mr. Lancaster was in compliance.  They reported that he was not.  On September 19, 2026, however, the Board reported that Mr. Lancaster was finally in compliance and that his allowance would no longer be suspended.

As the single issue in the appeal is whether Mr. Lancaster has filed the required annual statement of earned income with PERAC and he has now complied with that requirement before he has suffered any loss of his retirement allowance, the appeal is now moot.

Accordingly, the Petitioner’s appeal is DISMISSED.

Dated: September 25, 2026                                 

/s/ Kenneth J. Forton
___________________________
Kenneth J. Forton
First Administrative Magistrate

Notice sent to:  
Javier Lancaster
Allison Eggers, Esq.