840 CMR 9: Approval of Retirement Board Decisions

Summary

840 CMR 9.00 requires all retirement board decisions granting retirement applications to be approved by PERAC before being communicated to members or beneficiaries. Disability retirement decisions must be submitted to PERAC for approval within 30 days, while all other retirement decisions require approval within 90 days. The regulation specifies the documentation that must accompany each type of retirement decision—superannuation, disability, accidental death, and veteran's benefits. Boards may use PERAC-approved automated benefit calculation systems, which are deemed pre-approved and do not require individual submission to PERAC for each calculation.

Full Text

840 CMR 9.00 is promulgated by the Public Employee Retirement Administration Commission pursuant to M.G.L. c. 7, § 50 and M.G.L. c. 32, § 21.

9.01 Approval Required; Exceptions

No decision to grant an application for retirement shall be sent to a member or beneficiary unless the Public Employee Retirement Administration Commission approves the decision pursuant to M.G.L. c. 32, § 21 or no action is taken by the Commission:

(a) within 30 days of the date the Commission is notified of a decision granting an application for disability retirement; or
(b) within 90 days of the date the Commission is notified of a decision granting any other application for retirement.

In the event the Commission takes no action on a decision granting an application for retirement for superannuation within 90 days of notice of the decision, the board may request the treasurer to make advance payments to the member as determined by the board subject to the final determination by the Commission. In the event a member receives an amount in excess of the sum later approved by the Commission, the member shall refund the excess or the board may deduct the excess from the member's future monthly payments.

9.02 Notice To The Commissioner

Notice to the Commission of a decision granting an application for retirement shall include a copy of the decision and all documentary evidence in the record that may be of assistance to the Commission.

If the application is for superannuation retirement: (a) the superannuation retirement allowance form; (b) the superannuation calculation form; and (c) a copy of the member's deduction cards.

If the application is for disability retirement: (a) the transmittal to the Commission; (b) all documents and information described in 840 CMR 10.13(1)(a)1.; (c) the disability retirement calculation form(s); and (d) a copy of the member's deduction cards.

If the application is for accidental death benefits: (a) the transmittal to the Commission; (b) the accidental death calculation form; (c) a statement of the facts found by the retirement board; (d) all descriptions of the accident; (e) all descriptions of the member's duties; (f) all documents prepared by the beneficiary and employer in connection with the application; (g) a copy of the member's death certificate; and (h) any available medical evidence.

If the application is for veteran's benefits: (a) the veteran's retirement allowance form; (b) all documents establishing the applicant's status as a veteran; and (c) if the application seeks non-contributory retirement under M.G.L. c. 32, §§ 56 and 60, all documents establishing whether the applicant's employment included any work for pay on or before June 30, 1939.

9.03 Benefit Calculations

Except as provided by 840 CMR 9.03(2), all benefit calculations for retirement allowances granted under the provisions of M.G.L. c. 32 shall be forwarded to the Commission for approval.

Any retirement board may perform benefit calculations on an automated system approved by the Commission. Individual benefit calculations performed on an approved automated system shall be considered approved and need not be forwarded to the Commission for approval.

REGULATORY AUTHORITY: 840 CMR 9.00: M.G.L. c. 7, § 50; c. 32, § 21.