Decision

Decision  Roberston v. MTRS, CR-25-0348

Date: 06/27/2025
Organization: Division of Administrative Law Appeals
Docket Number: CR-25-0348
  • Petitioner: Nicole Robertson
  • Respondent: Massachusetts Teachers’ Retirement System
  • Administrative Magistrate: Yakov Malkiel

Table of Contents

Order of Dismissal

Petitioner Nicole Robertson appeals from a decision of the Massachusetts Teachers’ Retirement System (MTRS) excluding her from the benefits program known as Retirement Plus.  See G.L. c. 32, § 5(4).

Appeals from the decisions of the retirement boards must be filed “within fifteen days of notification of [the] . . . decision.”  G.L. c. 32, 16(4).  Ms. Robertson submitted her appeal five months after MTRS issued its decision.  A prior order therefore directed Ms. Robertson to show cause why the appeal should not be dismissed as untimely.  See Oxford v. Lawrence Ret. Bd., No. CR-18-5, 2023 WL 11806166 (Contributory Ret. App. Bd. May 17, 2023).  The order advised Ms. Robertson that her failure to comply would result in dismissal.[1]

Ms. Robertson’s deadline has expired.  She has filed no response.  It is therefore ORDERED that this appeal is DISMISSED.


Division of Administrative Law Appeals

/s/ Yakov Malkiel

Yakov Malkiel
Administrative Magistrate

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[1] For reasons explained briefly in the order to show cause, it also does not appear that Ms. Robertson presents a viable claim on the merits.

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