Decision  Mackin v Boston Ret. Sys, CR-24-0371

Date:	11/21/2025
Organization:	Division of Administrative Law Appeals
Docket Number:	CR-24-0371

• Petitioner: Gregory Mackin
• Respondent: Boston Retirement System
• Administrative Magistrate: James P. Rooney

Order of Dismissal

Disability retiree Gregory Mackin appealed from a notice from the Boston Retirement System informing him that the Public Employee Retirement Administration Commission (PERAC) had determined that he had excess earnings of $19,248.92 in 2021 that he would need to refund to the Retirement System.  On November 14, 2025, the Retirement System filed a motion to dismiss based on PERAC’s change of position, with the agency now stating that Mr. Mackin does not owe a benefit refund for 2021.

Because it appears that PERAC’s change of position means that Mr. Mackin does not owe a refund, which is the best possible result Mr. Mackin could achieve in this proceeding, I am therefore conditionally dismissing Mr. Mackin’s appeal as moot.  See 801 CMR 1.01(7)(g)3.  The dismissal will become final by December 19, 2025, unless by that date Mr. Mackin files a written response indicating what live issue remains.  If Mr. Mackin accepts this dismissal, he need take no action.        

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

Notice sent to:  Gregory Mackin
Natacha Thomas, Esq.