| Date: | 08/07/2026 |
|---|---|
| Organization: | Division of Administrative Law Appeals |
| Docket Number: | CR-26-0219 |
- Petitioner: Gina Russell
- Respondent: Massachusetts Teachers’ Retirement System
- Administrative Magistrate: Yakov Malkiel
- This page, Russell v. MTRS, CR-26-0219, is offered by
- Division of Administrative Law Appeals
Decision
Decision Russell v. MTRS, CR-26-0219
Table of Contents
Order of Dismissal
Petitioner Gina Russell is a participant in the benefits program known as Retirement Plus, G.L. c. 32, § 5(4). For several years, the petitioner’s employer withheld retirement contributions from her at a lower rate than Retirement Plus requires. When the Massachusetts Teachers’ Retirement System discovered the error, it billed the petitioner for her underpayment, declining to “waive the amount owed.” She timely appealed.
A retirement board’s refusal to waive repayment from a member is highly discretionary. SeeBristol Cty. Ret. Bd. v. Contributory Ret. Appeal Bd. (Polycarpo), 65 Mass. App. Ct. 443, 447, 451 (2006). The petitioner’s notice of appeal did not necessarily identify any error with regard to MTRS’s exercise of its authority. A prior order therefore directed her to show cause why the appeal should not be dismissed for failure to state a claim. The petitioner’s deadline under that order has expired. She has filed nothing further. Accordingly, it is hereby ORDERED that this appeal is DISMISSED.
/s/ Yakov Malkiel
Yakov Malkiel
Administrative Magistrate
Division of Administrative Law Appeals
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