Where the State Board of Retirement denied a petitioner’s request to pro-rate her service based on the group classification of her positions at the Department of Correction, that decision should be upheld because the petitioner was not an active member of a public retirement system on April 2, 2012.
“… A member who entered service prior to April 2, 2012, must be an active member of a public employees’ retirement system as of April 2, 2012, in order to qualify for pro-ration under the unequivocal language of G.L.c. 32, §5(2)(a). …
“It is undisputed that [petitioner Suzanne] Garcia left public employment in 2010 when she resigned from her position with the Department of Correction and did not return to public employment until 2014 when she was hired by the Framingham Housing Authority. …”
Garcia v. State Board of Retirement (Lawyers Weekly No. 27-008-23) (5 pages) (Wheatley, Administrative Magistrate) (Division of Administrative Law Appeals) Suzanne Garcia, pro se; Melinda E. Troy for the respondent (Docket No. CR-21-0085) (July 14, 2023).
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