Decision  Landolphi v. State Bd. of Ret., CR-24-0597

Date:	07/25/2025
Organization:	Division of Administrative Law Appeals
Docket Number:	CR-24-0597

• Petitioner: Paul Landolphi
• Respondent: State Board of Retirement
• Administrative Magistrate: James P. Rooney

Order of Dismissal

 Paul Landolphi appealed from the State Board of Retirement’s application of the anti-spiking provision at M.G.L. c. 32, § 5(2)(f) to the calculation of his retirement benefit.  In February 2025, the Public Employee Retirement Administration Commission approved the State Board’s decision to grant Mr. Landolphi a termination retirement benefit under M.G.L. c. 32, § 10(2).  According to Board counsel, the anti-spiking provision does not apply to the calculation of a termination allowance.

Because the termination allowance now granted Mr. Landolphi has not been reduced by application of the anti-spiking provision to the calculation of his retirement benefit, the anti-spiking dispute is now moot. I am therefore conditionally dismissing Mr. Landolphi’s appeal.  See 801 CMR 1.01(7)(g)3.  The dismissal will become final by August 22, 2025, unless by that date Mr. Landolphi files a request to keep the appeal open and states what issues remain to be resolved.  If Mr. Landolphi agrees with the dismissal, he need take no action.   

Division of Administrative Law Appeals

James P. Rooney

________________________________________

 James P. Rooney

First Administrative Magistrate

Order sent to: 
Paul Landolphi
Brendan McGough, Esq.