disability

Section 5A permits any city, town, district, or other governmental unit to accept its provisions and establish a wellness program for public safety and other employees referenced in Section 94. It sets minimum program requirements established by the Department of Public Health, requires the Commonwealth and its agencies to establish such programs automatically, and provides for reimbursement of up to half the cost (capped at $100 per employee) to municipalities that accept the section and fund wellness programs. Acceptance by a city, town, or district triggers the health and fitness standards framework in Section 5(3)(e).

Section 5B requires every employer of Chapter 32 members to establish an early intervention plan designed to reduce disability retirements through coordinated employee assistance, workplace safety, and medical and vocational rehabilitation. When a member has been absent from work for 30 or more days due to a work-related injury and return to work is not imminent, the employer must assemble an early intervention team to assess the member's condition and design a rehabilitation plan. Members who fail to participate in an assessment or rehabilitation program without good cause forfeit their rights to ordinary or accidental disability benefits under Sections 6, 7, or 26.

Section 6 governs ordinary (non-work-related) disability retirement under Chapter 32. It allows a member who is permanently unable to perform the essential duties of their job to retire for ordinary disability after 15 years of creditable service (or 10 years for veterans or in systems accepting the 10-year option). Benefit amounts are calculated as though the member retired for superannuation at age 55 (or 60 for post-April 2, 2012 Group 1 members), with no less than the superannuation benefit if the member has already reached that age. The section also establishes the Regional Medical Panel process, which requires a three-physician panel to certify incapacity, and sets a 180-day deadline for final board determinations.

Section 7 governs accidental (work-related) disability retirement under Chapter 32. It applies when a member is permanently unable to perform job duties due to a personal injury or hazard sustained in the performance of their duties. The benefit equals 72% of the member's regular compensation (subject to a 75% total cap), plus an annuity based on accumulated deductions and an additional allowance for dependent children. The section includes strict timelines for filing notice of injury, requires Regional Medical Panel certification, provides for proration when injury occurred in a different governmental unit, and includes provisions for mutual aid situations where members are injured while assisting another jurisdiction.

Section 8 establishes the ongoing evaluation and reexamination process for members retired on disability under Sections 6 or 7. The Public Employee Retirement Administration Commission (PERAC) must conduct evaluations at defined intervals — annually for the first two years, then every three years — to assess whether a disability retiree may be able to return to work or would benefit from rehabilitation. If a retiree is found able to return to their former or similar position, their disability retirement is revoked and they are restored to active membership. The section also governs modification or suspension of a pension allowance based on the retiree's earnings or earning capacity, with appeal rights to the Contributory Retirement Appeals Board.

Section 9 establishes the accidental death benefit — a pension payable to the survivors of a member who dies as the direct result of a work-related injury or hazard sustained while in the performance of duties. The benefit equals 72% of the member's regular compensation and is paid first to a surviving spouse, then to dependent children, and then to totally dependent parents or siblings if no spouse or children are eligible. Additional allowances for dependent children are also payable, subject to COLA adjustments in systems that have accepted the supplemental dependent allowance. Boards must verify the causal connection between the member's death and the workplace injury, and a strict notice requirement applies.

Section 12A allows a surviving beneficiary who may be entitled to accidental death benefits under Section 9 to receive interim payments under Option (d) of Section 12 or Section 12B while the accidental death benefit application is being processed. This prevents a surviving spouse or dependent from going without income during the potentially lengthy determination period. Once Section 9 benefits are approved and the first payment is made, the interim Option (d) or Section 12B payments cease and the first Section 9 payment is reduced by the aggregate of interim amounts already paid.

At its December 17, 2025 meeting, the Commission voted to continue the existing practice of allowing PERAC staff to approve non-invasive medical test reimbursements up to $100.00 per disability case, per 840 CMR 10:10(3) and 10:15(1)(c). Any tests ordered by a Regional Medical Panel that exceed this amount still require advance Commission approval before being ordered. This annual notice confirms no change to the $100 threshold for 2026.

Pre-employment physicals are a required prerequisite to granting accidental disability retirement under any of the three statutory presumptions (G.L. c. 32, §§ 94, 94A, 94B). While HIPAA prevents boards from requiring employers to submit these records at the time of hire, PERAC strongly encourages boards to provide an optional HIPAA waiver to all new and current members that would allow the board to obtain a copy for future use. This waiver should be developed with board counsel and can be distributed as part of onboarding materials. If no physical can be found, members should be encouraged to supply any physicals taken after entering service.

Following the legislative changes made by Chapter 73 of the Acts of 2025 (described in Memo #33/2025), PERAC has updated four disability forms to reflect the revised definition of "Violent Act Injury": the Member's Application for Disability Retirement, the Physician's Statement, the Employer's Statement, and the Regional Medical Panel Certificates. This memo supersedes Memo #15/2025 on form updates. Boards must use these new forms going forward; the underlying processing guidance from Memos #28/2024 and #33/2025 has not changed.

PERAC updates the forms for disability retirement applications to implement Chapter 149 of the Acts of 2024, which created an enhanced accidental disability benefit for firefighters, EMTs, licensed health care professionals, and certain police officers who suffer catastrophic, life-threatening, or life-altering bodily injuries as a direct result of an intentional violent attack with a dangerous weapon. Updated forms include the Member's Application for Disability Retirement, Physician's Statement, Employer's Statement, and a new Regional Medical Panel Certificate specifically for Violent Act Injury applications. Boards must discontinue use of prior versions of these forms immediately.

The FY2026 budget enacted a 3% COLA for State and Teachers' Retirement System retirees effective July 1, 2025, triggering a corresponding increase in the supplemental dependent allowance paid under §§ 7(2)(a)(iii) and 9(2)(d)(ii). Retirement systems that have accepted these supplemental allowances must pay $1,159.08 annually per eligible child beginning July 1, 2025. Boards with questions on the calculation should contact PERAC's actuary, John Boorack.

Chapter 73 of the Acts of 2025, effective November 25, 2025, made two significant changes to the Violent Act Injury disability benefit: it revised the definition of "Violent Act Injury" in G.L. c. 32, § 1 (removing the alternative "life altering" standard and narrowing weapon language), and it extended eligibility to Massachusetts State Police officers via new G.L. c. 32, § 26(2½). The new provisions apply to any member not yet approved for disability as of November 25, 2025. PERAC is updating affected disability forms and will issue a new memo superseding Memo #15/2025 once complete.

Boards must review and update their disability retiree records in PROSPER for 2025, including address changes, deaths, nursing home placements, waived allowances, returns to active status, and Power of Attorney updates. All changes must be returned to PERAC's Sandra King by January 16, 2026, to ensure accuracy before the mailing of 2025 Annual Statements of Earned Income (91A forms). PERAC will mail 91A forms by end of February 2026; electronic filing is strongly encouraged and available to all disability retirees.

This memo announces that PERAC's annual review of medical testing fees under 840 CMR 10:10(3) and 10:15(1)(c) has resulted in no change for 2024. The Commission voted at its December 13, 2023 meeting to continue allowing PERAC staff to approve up to $100.00 per case for non-invasive medical tests ordered by a Regional Medical Panel. Tests exceeding that amount still require advance Commission approval. No action is required from boards beyond being aware of this continuing limit.

PERAC requests that all retirement boards submit actuarial data for active members, retirees, survivors, and disability retirees as of December 31, 2023, by March 31, 2024. Data should be submitted through the PROSPER portal in the standard PERAC record format. After submission, boards will receive data analysis reports in PROSPER to review and correct any errors; PERAC notes that boards scheduled for a full actuarial valuation in 2024 will have received a separate data request.

This memo provides the 2nd Quarter 2024 mandatory training schedule for retirement board members, who are required by Chapter 32 to earn 18 credits over a board term and at least 3 credits each year. Upcoming opportunities include live webinars on the Open Meeting Law and disability basics, the MACRS Spring Conference (June 1–5 in Hyannis, which can yield up to 9 credits), and several pre-approved on-demand courses. Board members must register under their full name and submit Training Affidavits in PROSPER for any training not automatically tracked by PERAC.

PERAC announces amendments to five regulations effective March 29, 2024. Notable changes include: updated travel rules (840 CMR 2.00) including IRS-rate mileage and prohibition on reimbursing personal accommodations; repeal of the now-obsolete $30,000 salary cap regulation (840 CMR 8.00), service-after-age-70 regulation (840 CMR 11.00), and most of the age-65-to-70 service regulation (840 CMR 12.00); and significant updates to the Miscellaneous regulation (840 CMR 15.00), including replacing notarized affidavits with signed attestations subject to 5% random audit, a new credit card usage subsection requiring PERAC-approved supplemental regulations, and a new non-disability hearing procedure. Boards must review their supplemental regulations and submit amendments to PERAC as needed.

PERAC has issued PROSPER tasks to all boards for disability retirees who failed to file their 2023 Annual Statement of Earned Income (91A form) or who reported earnings that may require a benefit adjustment. Boards must provide written notice and a hearing opportunity to non-compliant retirees; benefits may be terminated after the hearing, subject to CRAB appeal. Boards are also asked to respond to upcoming "Salary Verification" tasks in PROSPER by entering 2023 pension and salary figures so PERAC can calculate whether each retiree is within their allowable earnings limit.

This memo provides the 3rd Quarter 2024 mandatory training schedule for retirement board members, who must earn 18 credits over their term and at least 3 per year. Key offerings include July and August webinars on open meeting law, fiduciary duty, and procurement, plus the PERAC Emerging Issues Forum on September 18 in Westborough (3 credits). PERAC is also launching a new New Administrator Training series, with the first session on August 21 in Northampton, designed for staff with fewer than five years of experience. All non-live-PERAC training requires a Training Affidavit submitted through PROSPER.

The FY25 state budget, signed July 29, 2024, included a 3% COLA for State and Mass Teachers' Retirement System retirees, which triggers an increase in the supplemental dependent allowance for accidental disability retirees and accidental death survivors. Effective July 1, 2024, retirement systems that have accepted G.L. c. 32, §§ 7(2)(a)(iii) or 9(2)(d)(ii) must pay $1,125.36 per year per eligible child — an increase from the prior year's amount. Boards that have accepted these provisions should update their payment amounts accordingly.

The FY25 budget (Chapter 140 of the Acts of 2024) expands the return-to-service options for disability retirees under G.L. c. 32, § 8. A disability retiree may now request evaluation for a different, specifically identified position — even with a different employer or in a different retirement system — rather than being limited to the position from which they retired. If found medically able, the member may return to active service, the original disability pension ceases, and upon eventual superannuation retirement both systems will share the pension cost under the existing multi-system rules. The CME and RTS processes remain unchanged; boards should direct all related inquiries to PERAC, which is updating its forms.

Chapter 149 of the Acts of 2024 (effective October 29, 2024) creates a new enhanced accidental disability benefit under G.L. c. 32, § 7 for firefighters, police officers, EMTs, and licensed health care professionals who suffer a catastrophic, life-threatening or life-altering permanent physical injury as the direct result of an intentional violent attack with a dangerous weapon. Qualifying members receive 100% of their regular compensation (reduced to 80% upon reaching mandatory retirement age), rather than the standard 72% pension, with prescribed survivor benefits for spouses and children. Boards must include Findings of Fact with every Violent Act Injury application submitted to PERAC for the required 30-day review.

PERAC asks boards to review and update all disability retiree records in PROSPER — including deaths, nursing home placements, address changes, allowance waivers, and returns to active status — no later than January 17, 2025, so the database is accurate before 91A forms are mailed. New for the 2024 filing year, all disability retirees will be able to file their 91A (Annual Statement of Earned Income) form electronically; PERAC will notify members via postcard in January and boards should include email addresses when updating PROSPER records. Completed 91A forms should be returned to PERAC's new Medford address by April 15, 2025.

This memo announces that PERAC's annual review of medical testing fees under 840 CMR 10:10(3) and 10:15(1)(c) has resulted in no change for 2025. The Commission voted at its December 18, 2024 meeting to continue allowing PERAC staff to approve up to $100.00 per case for non-invasive medical tests ordered by a Regional Medical Panel. Tests exceeding that amount still require advance Commission approval. No action is required from boards beyond being aware of this continuing limit.

This memo notifies all retirement boards and public employers that the pandemic-era waiver of post-retirement earnings limitations for superannuation retirees expired on December 31, 2022, and the standard G.L. c. 32, §§ 91(b) and (c) restrictions are fully back in effect for 2023 and beyond. Post-retirement public employment is capped at 1,200 hours per calendar year, and combined earnings and retirement allowance cannot exceed the current salary for the retiree's former position plus $15,000. Boards are urged to share this memo with all employer units in their systems and to rigorously scrutinize hours and earnings paid to public sector retirees.

This memo instructs retirement boards to complete the 2022 Salary Verification task in PROSPER for disability retirees, entering each retiree's 2022 annual pension, annuity, and current salary (including all incentives and COLA) so that PERAC can determine whether earnings when combined with the retirement allowance exceed the G.L. c. 32, § 91A limit of the retiree's former position salary plus $15,000. If a retiree's allowable earnings have been exceeded, PERAC will issue an Excess Earnings letter and the board must notify the retiree in writing and provide an opportunity for a hearing before commencing any recovery of excess amounts. Boards must report their action through the PROSPER task system.

This memo alerts retirement boards to 91A tasks appearing in PROSPER for disability retirees who have failed to file the 2022 Annual Statement of Earned Income or whose reported earnings may require an allowance adjustment under G.L. c. 32, § 91A. Boards must provide written notice and an opportunity for a hearing to non-compliant members; PROSPER will continue sending task alerts every 30 days until a response is entered, and the board must document its action through PROSPER. The memo also previews upcoming Salary Verification tasks in PROSPER and outlines the process for entering 2022 pension and salary data to determine whether disability retirees have exceeded their allowable earnings.

This memo advises retirement boards that the FY24 budget signed by Governor Healey on August 9, 2023 includes a 3% COLA for State and Mass Teachers' Retirement System retirees effective July 1, 2023, which triggers a corresponding increase in the supplemental dependent allowance. Effective July 1, 2023, any retirement system that has accepted the supplemental dependent allowance under G.L. c. 32, §§ 7(2)(a)(iii) or 9(2)(d)(ii) must pay $1,092.60 annually per eligible dependent child. Boards that have accepted the relevant statutory provisions must update their payment amounts immediately to reflect this increase.

This memo requests that retirement boards review and update their disability retiree records in PROSPER by January 15, 2024 to reflect all changes that occurred in 2023, including deaths, nursing home placements, allowance waivers, returns to active status, and address changes. Boards can now update addresses directly in PROSPER via the Member Update function; status changes and discrepancies should be annotated on the exported member list and emailed to Sandra King, and boards with no changes must still send a confirmation email. Accurate data must be submitted by the deadline to ensure PERAC's disability retiree database is correct before the February mailing of the 2023 Annual Statements of Earned Income (91A forms).

This memo requests that retirement boards verify 2021 salary information for disability retirees through the PROSPER system to determine whether any retiree exceeded their allowable post-retirement earnings limit under G.L. c. 32, § 91A. Boards must enter each disability retiree's 2021 annual pension and current salary figures into PROSPER, which will calculate whether earnings thresholds have been exceeded. Where excess earnings are found, PERAC will issue an Excess Earnings letter and boards must notify the retiree and suspend the allowance until any overpayment is recovered.

Following the SJC's February 4, 2022 decision in Vernava II (Worcester Regional Retirement Board v. PERAC), this memo provides comprehensive, action-required guidance directing all retirement boards to immediately implement the ruling that supplemental payments of any kind made concurrently with Workers' Compensation benefits do not constitute "regular compensation" under any section of Chapter 32. Boards must identify all active members, inactive members, and retirees who received such supplemental payments, remove previously awarded regular compensation and creditable service for periods of concurrent Section 35 Workers' Compensation receipt, recalculate allowances, and return all deductions taken on those supplemental payments. The memo includes detailed step-by-step instructions for active members, retired members, and their beneficiaries, and notes that PERAC is pursuing legislative relief for affected retirees.

Chapter 80 of the Acts of 2022, signed June 7, 2022, waives the post-retirement earnings and hours restrictions of G.L. c. 32, § 91(b) and (c) for superannuation retirees working in the public sector for calendar year 2022, effective retroactively to January 1, 2022. The waiver will remain in place through December 31, 2022 or up to 90 days after the end of the declared Public Health Emergency, whichever comes first, and does not apply to disability retirees. Compliance with post-retirement restrictions remains the statutory responsibility of the employee and the employer.

This memo notifies retirement boards that the FY23 budget signed by Governor Baker on July 28, 2022 included a 5% COLA for eligible State and Mass Teachers' Retirement System retirees, which triggers an increase in the supplemental dependent allowances under G.L. c. 32, §§ 7(2)(a)(iii) and 9(2)(d)(ii). Effective July 1, 2022, retirement systems that have accepted these provisions must pay an annual amount of $1,060.80 per eligible child to qualifying accidental disability retirees and accidental death survivors. Contact PERAC Actuary John Boorack with questions.

This memo notifies boards that the Commission voted at its December 7, 2022 meeting to continue allowing PERAC staff to approve up to $100.00 per case for non-invasive medical testing associated with the Regional Medical Panel process under 840 CMR 10:10(3) and 10:15(1)(c). Medical panels rarely order tests directly since member providers typically supply test results; any test cost exceeding the $100.00 annual limit requires advance Commission approval.

This memo requests that retirement boards review and update their disability retiree records in PROSPER by January 27, 2023, reflecting any address changes, deaths, nursing home placements, allowance waivers, or returns to active status that occurred during 2022. Boards can update most information directly in PROSPER; for Power of Attorney address changes, boards must contact Sandra King. Boards with no changes must email Ms. King confirming no updates, as the data must be accurate before PERAC mails the 2022 Annual Statements of Earned Income (91A) in February.

This memo directs all retirement boards to review and update their disability retiree records in the PROSPER system for calendar year 2021, covering status changes such as deaths, nursing home placements, allowance waivers, returns to active service, and address changes. Boards must submit all corrections or confirm no changes to PERAC's Ms. King by January 14, 2022, so the database is accurate before PERAC mails 2021 Annual Statements of Earned Income (Form 91A) in February.

This memo notifies retirement boards of the Commission's annual determination regarding the non-invasive medical testing fee cap under 840 CMR 10:10(3) and 10:15(1)(c). At its December 8, 2021 meeting, the Commission voted to continue the existing practice of authorizing PERAC staff to approve reimbursements of up to $100.00 per case for non-invasive medical tests ordered by a Regional Medical Panel, consistent with prior years.

This memo requests that retirement boards review and update their disability retiree records in PROSPER by January 18, 2021, reflecting any address changes, deaths, nursing home placements, allowance waivers, or returns to active status that occurred during 2020. Boards can now update addresses directly in PROSPER; deceased member records require entering the date of death and uploading documentation; Power of Attorney address changes must go through Sandra King. Boards with no changes must notify Ms. King by email.

PERAC advises that the Commission has voted to continue the practice of allowing PERAC staff to approve up to $100.00 per case for non-invasive medical testing associated with the medical panel process for 2019. Per 840 CMR 10:10(3) and 10:15(4), medical panels may suggest non-invasive tests they deem necessary, with PERAC assuming the cost up to the annually-determined limit. Any test exceeding this amount requires advance Commission approval.

PERAC and the Department of Industrial Accidents (DIA) conduct an annual data match of the PERAC disability retiree database against the DIA database. Retirement boards will now receive their members' results from this match through PROSPER under Members/DIA. The report will be generated annually; boards without matches will not receive a report. Boards should follow up with their employer's Workers' Compensation Agent for any matched members whose workers' compensation status is unknown, to ensure that offsets required by G.L. c. 32, §14 are implemented promptly.

This file contains PERAC Memo #15/2020 (dated March 13, 2020) on Coronavirus contingency planning, which appears to have been stored in the 2019 source folder in error. The memo advises all retirement boards on PERAC's continuity planning amid the COVID-19 pandemic, covering Open Meeting Law remote participation (enabled by the Baker Administration's executive order), medical panel scheduling, 91A filing deadlines for disabled retirees, and recommendations for boards to prepare for potential office shutdowns. Boards were encouraged to post status updates on their websites and communicate with PERAC by email.

PERAC announces the 2019 supplemental dependent allowance amount for retirement systems that have accepted the provisions of G.L. c. 32, §7(2)(a)(iii) or §22D. Effective July 1, 2019, the annual allowance for each eligible child is $952.32. The same amount applies to additional pensions for dependent children under G.L. c. 32, §9(2)(d)(ii), also effective July 1, 2019.

This memo requests that retirement boards review and update their disability retiree records in PROSPER by January 20, 2020, reflecting any address changes, deaths, nursing home placements, allowance waivers, or returns to active status that occurred during 2019. Updated data files should be returned to PERAC by email to SEKing@per.state.ma.us, fax, or mail, and boards must include the date of death and upload a death certificate or obituary in PROSPER when a member is deceased. The data must be accurate before PERAC mails the 2019 Annual Statements of Earned Income (91A) in February.

This memo notifies boards that the Commission voted on November 8, 2017 to maintain the $100 per case cap for non-invasive medical testing associated with Regional Medical Panel examinations, consistent with prior years. Medical panels rarely order tests directly; most testing occurs during the member's evaluation and treatment phase and is reviewed by the panel.

This memo supersedes Memo #12/2018 and implements the SJC's Vernava decision (478 Mass. 832), which held that sick and vacation leave supplemental to Workers' Compensation is not "regular compensation" for determining the effective date of accidental disability retirement under G.L. c. 32, § 7. PERAC recommends payroll departments create a separate pay code for such supplemental payments and continue withholding deductions; if the member ultimately retires under § 7, those deductions must be refunded without interest. For already-retired members, recalculation is triggered only by a self-identification request from the retiree, and boards are cautioned that recalculation may be detrimental (not beneficial) in some cases.

This memo announces that the § 91A phase of PROSPER is now live, and boards will receive PROSPER tasks for any disability retirees who have not met the 2017 § 91A filing requirements. Before terminating a member's retirement allowance for failure to file, boards must provide written notice and an opportunity to be heard; boards must then record termination or no-action decisions in PROSPER, and the system will continue sending 30-day alerts until a response is entered.

This memo sets the 2018 supplemental dependent allowance at $924.60 per eligible child per year, effective July 1, 2018, for retirement systems that have accepted the provisions of G.L. c. 32, §§ 7(2)(a)(iii), 22D, or 9(2)(d)(ii).

This memo directs boards to complete 2017 § 91A salary verification tasks in PROSPER for all disability retirees whose earnings may require an allowance adjustment. Boards must enter each retiree's 2017 annual pension, annuity, and current salary; if PROSPER calculates excess earnings, PERAC sends the retiree an Excess Earnings letter and boards must notify the retiree and respond to the PROSPER task. Reminder tasks are sent every 30 days until the board responds.

This memo requests that boards review and update their disability retiree records in PROSPER to reflect all 2018 status changes — deaths, nursing home placements, allowance waivers, returns to active status, and address changes — and return updated data to PERAC by January 25, 2019. Accurate records are required before PERAC mails 2018 Annual Statements of Earned Income (§ 91A) in February; death entries must include a date of death and uploaded obituary or death certificate.

This memo announces that the PROSPER web-based communication system is fully operational with over 90% of board members and administrators registered, and provides key operational changes taking effect. Beginning June 19, 2017, the Disability Portal launches and disability applications must be submitted through PROSPER. Paper submissions for vendor procurements, annual eligibility pledge forms, and board member training registrations will no longer be accepted; all must be processed through PROSPER.

Effective September 5, 2017, all approved disabilities and death benefits submitted for PERAC's Legal Unit review under G.L. c. 32, §§ 21(1)(d) and 21(4) must be submitted exclusively via PROSPER through the 'Disability Transmittal' tab; paper and e-doc submissions will no longer be accepted after that date. Boards must ensure that all staff who need access to the Disability Portal are registered as PROSPER users.

This memo announces that the annual supplemental dependent allowance under G.L. c. 32, § 7(2)(a)(iii) and the additional pension for dependent children under § 9(2)(d)(ii) are both set at $897.72 per eligible child, effective July 1, 2017. The adjustment applies to systems that have accepted those provisions or that accepted § 22D, under which the supplemental dependent allowance is deemed to have been accepted.

This memo responds to board inquiries about providing board counsel access to PROSPER, advising that this is currently not possible because PROSPER is coded only for retirement board employees and staff, not outside vendors. Until an alternative solution is developed, boards should have counsel review files before the Executive Director inputs information into PROSPER, and may use a HIPAA-compliant drop box for sharing medical records with counsel.

This memo clarifies the specific documents boards must include when submitting calculations to PERAC for approval, organized by retirement type: Superannuation/Option D, Accidental Disability, Ordinary Disability, Accidental Death (active member), Accidental Death (retiree), and Section 101. Boards are asked not to include extra materials beyond what is listed, as unnecessary paperwork creates filing problems; additional documents will be requested only if needed after PERAC's initial review.

This memo requests that boards review the attached list of their disability retirees and update PERAC's database with all status changes occurring in 2017, including death, nursing home placement, allowance waiver, return to active status, and address changes. Boards must also complete the New Member Data form for all accidental or ordinary disability retirees approved in 2017 and return all information by January 16, 2018, prior to PERAC's mailing of 2017 Annual Statements of Earned Income in February.

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.

840 CMR 10.00 is the comprehensive standard rule governing all disability retirement proceedings before Massachusetts retirement boards, effective for proceedings commenced after January 1, 2016. It covers ordinary and accidental disability retirement applications, proceedings for restoration to active service, modification of disability retirement allowances, medical panel examinations, re-examination and rehabilitation of disability retirees, and annual earnings reporting under M.G.L. c. 32, § 91A. The regulation establishes procedural rights for applicants including representation by counsel, the right to submit evidence, and appeal procedures. Medical panels play a central role, conducting independent examinations and issuing certificates that boards must follow unless specific grounds for departure exist.