840 CMR 6: Standard Rules for Disclosure of Information

840 CMR 6.00 is the standard rule for disclosure of information promulgated by the Public Employee Retirement Administration Commission pursuant to M.G.L. c. 7, § 50 and M.G.L. c. 32, § 21.

6.01 Definitions

Unless a different meaning is plainly required by the context, words and phrases used in 840 CMR 6.00 shall have the meanings assigned them by M.G.L. c. 4, § 7(26), M.G.L. c. 30A, §§ 11A and 11A½, M.G.L. c. 32, M.G.L. c. 34, §§ 9F and 9G, M.G.L. c. 39, §§ 23A and 23B, and M.G.L. c. 66A, § 1, and if no meaning is so assigned, they shall have their ordinary meanings.

6.02 Purpose of Standard Rules

The purpose of 840 CMR 6.00 is to establish uniform standards and procedures to be applied by retirement boards in maintaining and disclosing records, particularly records containing personal data. A retirement board shall provide access to public records as required by M.G.L. c. 66, § 10 and shall protect personal data which it holds as required by M.G.L. c. 66A and 840 CMR 6.00.

6.03 Privacy Standards

Without the written consent of the data subject or his or her authorized representative, no retirement board shall disclose to any person outside of the board any personal information contained in a personnel or medical file which may be identified or associated with the data subject or other materials or data pertaining to a specifically named individual if such disclosure may constitute an unwarranted invasion of personal privacy unless such disclosure is required by Federal or State statute or regulation.

In making the determination whether the privacy exemption to the public records law limits disclosure of information a retirement board shall observe the following principles:

• (a) Information relating to a member's name, address, and type of retirement (e.g. superannuation, ordinary disability, accidental disability, veteran status, etc.) is generally a public record;
• (b) Medical files or information relating to a specifically named individual, including, the medical reason for a disability retirement, shall not be considered a public record;
• (c) Other material or data relating to a specifically named individual is generally not a public record if the information contained in the record relates to intimate details of a highly personal nature.

Any record pertaining to meetings of a retirement board including records pertaining to the financial operation of the board shall be presumed to be a public record unless the record is exempt from disclosure by 840 CMR 6.12.

6.04 Custodian; Designation; Duties and Responsibilities; Fees

Each retirement board shall designate a person to serve as Custodian of all records which the retirement board holds.

The Custodian shall:

• (a) maintain custody of and control over all records held by the retirement board;
• (b) take all reasonable precautions to protect the records from fire, theft, flood, natural disaster, unauthorized removal or other security hazard;
• (c) inform members and staff of the retirement board of the provisions of 840 CMR 6.00;
• (d) ensure that the number of duplicate retirement files is maintained at an absolute minimum;
• (e) develop and implement a plan for the expungement of obsolete records with approval of the Records Conservation Board and the Supervisor of Public Records;
• (f) maintain a complete and accurate record of every access to or use of a member's retirement file, including the identity of all persons and organizations to whom such access has been granted;
• (g) make the initial determination as to whether any record requested is a public record and as to whether access to the record requested is mandated by M.G.L. c. 4, § 7(26), or by other applicable law or regulation.

REGULATORY AUTHORITY: 840 CMR 6.00: M.G.L. c. 7, § 50; c. 32, § 21.