Decision  Regan v. State Bd. of Ret., CR-25-0303

Date:	08/29/2025
Organization:	Division of Administrative Law Appeals
Docket Number:	CR-25-0303

• Petitioner: Deborah Regan
• Respondent: State Board of Retirement
• Administrative Magistrate: James P. Rooney

Order of Dismissal

Deborah Regan applied to purchase creditable service with the State Board of Retirement for prior service with North Essex Community College.  The public employee retirement statute allows public employees to purchase prior service with a government entity so long as such service “immediately preceded” membership in the state retirement system.  M.G.L. c. 32, § 4(1)(s).  The State Board has, by regulation, defined “immediately preceding” as being “within 180 calendar days.” 941 CMR 2.09(3)(e).  The Board denied Ms. Regan’s purchase request because her break in service was two days over the limit.  Ms. Regan appealed.

The State Board subsequently received further documentation showing that Ms. Regan’s break in service was within the acceptable limit and thus approved Ms. Regan’s service purchase request.

The Board then moved to dismiss Ms. Regan’s appeal. I gave her until July 29, 2025 to respond and state what issues she thought remained live.  Ms. Regan did not respond.

Because the State Board has granted Ms. Regan’s service purchase request, I dismiss her appeal as moot.  801 CMR 1.01(7)(g)(3). 

James P. Rooney

_________________________________
James P. Rooney
First Administrative Magistrate

Division of Administrative Law Appeals
14 Summer St., 4th Floor
Malden, MA 02148
Tel: [phone]
www.mass.gov/dala

Dated: August 29, 2025   

Notice sent to: 
Deborah Regan
Jacqueline J. Sullivan, Esq.