| Date: | 01/17/2025 |
|---|---|
| Organization: | Division of Administrative Law Appeals |
| Docket Number: | CR-23-0265 |
- Petitioner: John Perez
- Respondent: State Board of Retirement
- Administrative Magistrate: Yakov Malkiel
- This page, Perez v. State Bd. of Ret., CR-23-0265, is offered by
- Division of Administrative Law Appeals
Decision
Decision Perez v. State Bd. of Ret., CR-23-0265
Table of Contents
Order of Dismissal
This appeal arises from a decision of respondent the State Board of Retirement to make an “anti-spiking” adjustment to petitioner John Perez’s regular compensation for retirement purposes. See G.L. c. 32, § 5(2)(f). An order dated January 3, 2025 observed that the appeal was not filed within the fifteen-day deadline imposed by G.L. c. 32, § 16(4). The order afforded the parties an opportunity to show cause why the appeal should not be dismissed for lack of jurisdiction. See Lambert v. Massachusetts Teachers’ Ret. Syst., No. CR-09-74, 2012 WL 13406355, at *2-3 (Contributory Ret. App. Bd. Feb. 17, 2012).
Neither party has filed a response. Accordingly, it is hereby ORDERED that this appeal is DISMISSED. Mr. Perez remains free to ask the respondent to reconsider his case in light of the newly enacted Acts 2024, c. 141, § 3.
Division of Administrative Law Appeals
/s/ Yakov Malkiel
Yakov Malkiel
Administrative Magistrate
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Perez v. State Bd. of Ret., CR-23-0265
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