840 CMR 7: Standard Rules for Elections

840 CMR 7.00 is the standard rule for elections promulgated by the Public Employee Retirement Administration Commission ("PERAC") pursuant to M.G.L. c. 7, § 50 and M.G.L. c. 32, § 21. Except for elections in the State Employees' Retirement System, the Teachers' Retirement System, county retirement systems, and regional retirement systems (which are governed by their respective statutory provisions), 840 CMR 7.00 shall govern all elections of elected board members held under the supervision of a retirement board.

7.01 General Provisions

Unless a different meaning is plainly required by the context, the term "member", as used in 840 CMR 7.00, means member in service where the elected member is elected from members in service and means member in or retired from service where the elected member is elected from members in or retired from service.

• (a) "Member in service" shall mean any member who is regularly employed in the performance of his or her duties;
• (b) "Member inactive" shall mean any member whose employment has been terminated and who may be entitled to any present or potential retirement allowance or to a return of his or her accumulated total deductions;
• (c) "Retiree" shall mean any member in service who has been retired and who is receiving a retirement allowance.

The elected retirement board member shall be elected by the members of the retirement system from among their number. Members inactive have the right to vote in board elections, but do not have the right to serve as a board member.

7.02 Election Officer; Appeals to Board

The board shall designate an Election Officer, who may be a member of the board, who shall assist the board in supervising the election and shall determine all matters relating to the election. Any person aggrieved by a determination of an Election Officer may appeal to the board.

7.03 Notice of Elections

The retirement board shall provide reasonable notice of the election not less than 90 days prior to the date of the election. Notice shall state the time, place and manner of the election and shall describe nomination and election procedures.

Notice shall be mailed to each active, inactive and retired member of the appropriate system. A copy of the Notice of Election must be sent to PERAC at the same time it is sent to and/or posted for all members.

7.04 Nominations

Any active or retired member of the appropriate system may qualify as a candidate by filing with the board a nomination paper or papers, containing the signatures and addresses of at least twenty active or retired members of the system. Nomination papers shall be made available to candidates at least 90 days prior to the date of the election. The nomination paper or papers, containing the necessary number of qualified signatures and addresses shall be filed no later than 45 days prior to the date of the election.

7.05 Election by Declaration

If the board determines that only one candidate has been nominated, the board shall declare said candidate to be the elected member of the board, no election shall be held, and said candidate shall take office and serve in all respects as though he or she had been elected by election.

7.06 Official Election Ballot

If the board determines that more than one candidate has been nominated, the board shall immediately prepare an official election ballot. Qualified candidates shall be listed on the official ballot in an order determined by a random drawing of the names of the candidates. The official ballot shall state the length of the term for which the candidates are running.

7.07 Elections Conducted by Mail or at Polling Place

The board shall determine whether the election shall be conducted by mail or at a polling place. All election materials shall clearly state the method of voting and contain all information necessary to vote.

REGULATORY AUTHORITY: 840 CMR 7.00: M.G.L. c. 7, § 50; c. 32, § 21.