840 CMR 14: Applicability of Commissioner's Rules; Supplementary Rules; Other Rules of Retirement Boards
Summary
840 CMR 14.00 establishes the framework by which PERAC's rules apply to all retirement boards and by which individual boards may obtain approval for supplementary rules tailored to their particular needs. PERAC's rules apply universally unless the Commission provides otherwise or a board has obtained approval for supplementary rules. A board may request supplementary rules if they are consistent with PERAC's rules (or good cause exists for an exception), their purpose cannot be accomplished by amending the Commission's rules, and the proposed rules were the subject of a public hearing with reasonable notice. Approved supplementary rules remain in effect according to their terms until amended or repealed as approved by the Commission.
Full Text
14.01 Commission's Rules
Rules of the Public Employee Retirement Administration Commission shall apply to all retirement boards except as otherwise provided by the Commission or by supplementary rules of a particular retirement board approved by the Commission pursuant to 840 CMR 14.02.
14.02 Supplementary Rules
- (1) Any retirement board may request the Commission to approve rules applicable to that board which supplement the provisions of the Commission's rules. Supplementary rules will generally be approved if:
- (a) they are consistent with the Commission's rules or good cause exists for an exception to the Commission's rules;
- (b) their purpose cannot conveniently be accomplished by amendment of the Commission's rules; and
- (c) they have been the subject of a public hearing before the board for which reasonable notice has been given.
- (2) Supplementary rules shall take effect upon approval by the Commission or as may otherwise be provided by the Commission. A current list of all boards for which supplementary rules are in effect and copies of such rules shall be available upon request at the Public Employee Retirement Administration Commission. Supplementary rules shall remain in effect according to their terms as approved by the Commission or until later amended or repealed as may be approved or required by the Commission.
REGULATORY AUTHORITY: 840 CMR 14.00: M.G.L. c. 7, § 50; M.G.L. c. 32, §§ 6 and 21.