Chapter 32 Wiki

840 CMR 15: Miscellaneous

Summary

840 CMR 15.00 is an omnibus regulation covering several administrative requirements for retirement boards. Boards must require all members and beneficiaries receiving benefits to file attestations of continued eligibility at least every two years, and must withhold benefits from those who fail to comply. The regulation also governs the purchase of creditable service, both prior membership service and non-membership service, including the order in which multiple purchase types must be completed. Additional sections address regular compensation definitions, benefit calculation factors, and the use of board credit and debit cards. Boards may satisfy the attestation requirement through semi-annual third-party data matching in lieu of individual attestations.

Full Text

15.01 Attestation of Retired Members and Beneficiaries

No less frequently than once every two years, each retirement board shall require each member or beneficiary who receives a pension, retirement allowance, or survivor's allowance to file with the retirement board an attestation under the penalties of perjury, at such time and in such form as the board shall prescribe, containing the following information:

  • (a) the name of the member or beneficiary;
  • (b) the current address of the member or beneficiary;
  • (c) a statement certifying that the member or beneficiary is currently living;
  • (d) a statement describing the beneficiary's current marital status where marital status is relevant to continued receipt of benefits;
  • (e) a statement describing the beneficiary's current dependency status where dependency is relevant to continued receipt of benefits; and
  • (f) such additional information as the board may require to determine whether the member or beneficiary is entitled to continued receipt of benefits.

If a member or beneficiary comes to the retirement office in person to verify the information, they will be considered to have satisfied the requirements of the attestation.

The retirement board shall withhold the retirement benefits of any member or beneficiary who fails to file the attestation within the time prescribed pending receipt of the attestation. Upon receipt of the attestation, any benefits so withheld shall be paid to the retired member or beneficiary.

The retirement board may review and verify the accuracy of any attestation submitted and shall audit a random sample of at least five percent of the attestations received.

A retirement board shall be deemed to have complied with 840 CMR 15.01 if it performs a data match of the demographic information and status of current retirees and beneficiaries receiving benefits no less than every six months by a third-party entity contracted through an approved selection or procurement process.

15.02 Purchase of Prior Membership Creditable Service; Purchase of Creditable Service for Non-Membership Service; Rates of Contribution Upon Return to Active Service

Purchase of Prior Membership Creditable Service. Any member authorized by law to purchase prior creditable service may purchase such service by paying an amount equal to the accumulated regular deductions withdrawn by the member, together with the appropriate statutorily defined interest. Any member may make a lump sum payment or installment payments over a period not exceeding five years and may, with the approval of the board, make installment payments over a period exceeding five years.

Purchase of Non-Membership Creditable Service. Upon submission of documentation satisfactory to the retirement board and consistent with M.G.L. c. 32, a member will be allowed to purchase creditable service for periods of non-membership employment. The amount of creditable service that may be purchased shall be determined by the retirement board in a manner consistent with the retirement board's supplementary regulations approved by PERAC.

If more than one type of purchase is available, the member can choose which type of service they wish to purchase. If the member can complete both a purchase of non-membership and membership service, the member has the option to choose which to complete first.

Rates of Contribution Upon Return to Active Service. The rates of contribution for members formerly in service who have returned to service shall be as follows:

  • (a) for any member who contributed to a retirement system and did not receive a refund of accumulated deductions when he or she left service, the contribution rate upon the member's return to service shall be the same rate as the member was contributing at the time he or she left service;
  • (b) the contribution rate for any member who contributed to a retirement system, and received a refund of accumulated deductions after termination of service, shall be the contribution rate in effect when the member re-established membership, whether or not the member purchases prior creditable service.

15.03 Regular Compensation

Regular compensation shall have the meaning set forth in M.G.L. c. 32, § 1 and as further defined by applicable PERAC regulations and guidance.

15.04 Benefit Calculation Factors

Benefit calculation factors shall be applied in accordance with applicable provisions of M.G.L. c. 32 and PERAC-approved calculation methodologies.

15.05 Board Credit Cards

Any board credit card shall be used exclusively for board business purposes in accordance with board policies consistent with M.G.L. c. 32 and PERAC regulations.

15.06 Board Debit Cards

Any board debit card shall be used exclusively for board business purposes in accordance with board policies consistent with M.G.L. c. 32 and PERAC regulations.

15.07 Non-Disability Hearings by a Retirement Board

Retirement boards conducting hearings on non-disability matters shall follow procedures consistent with due process and applicable PERAC regulations.

REGULATORY AUTHORITY: 840 CMR 15.00: M.G.L. c. 7, § 50; c. 32, and 21.