reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 960 CMR - OFFICE OF THE STATE TREASURER AND RECEIVER GENERAL › Title 960 CMR 3.00 - Deferred Compensation › Section 3.02 - Definitions

Current through Register 1525, July 5, 2024
As used in
				960 CMR
				3.00, the following terms shall have the following
				meanings:
Deferred Compensation
means the funds
				withheld from the employees' wages or salary and paid on behalf of each
				employee participant into the deferred compensation program. Such deferral
				shall, in each year, not be greater than the lesser of $7,500 or 33a% of the
				participant's includible compensation for the taxable year.
Deferred Compensation Committee
shall
				mean the committee in the office of the State Treasurer, consisting of three
				members, one of whom shall be appointed by the governor and shall be chairman,
				one of whom shall be appointed by the commissioner of insurance and one of whom
				shall be appointed by the state treasurer, all in accordance with the
				provisions of M.G.L. c. 29, § 38B. This committee shall be known as the
				Oversight Committee.
Deferred Compensation Program
means
				the program authorizing the tax deferral of public employee's compensation in
				accordance with M.G.L. c. 29, § 64, pursuant to section 457 of the
				Internal Revenue Code.
Employee
shall have the same meaning
				as "employee" in M.G.L. c. 32, § 1, and shall include State Police
				temporarily assigned to the Massachusetts Turnpike Authority and/or any other
				board, agency, commission or authority to which they may be temporarily
				assigned and by which they are paid, and consultants and independent
				contractors who are natural persons paid by the commonwealth.
Hardship Withdrawal
means that
				withdrawal will be permitted for unforseen emergencies including, but not
				limited to, personal bankruptcy, unreimbursed medical expenses, disability,
				major property loss and unbudgetable catastrophies.
Lockbox Account
means the account in a
				bank into which employees' deferred compensation is paid prior to transmittal
				to the entity selected to manage and invest funds in accordance with the
				deferred compensation program.
Plan Coordinator
means the person or
				company selected by the state treasurer who shall publicize and market the
				deferred compensation program.
State Treasurer
means the Treasurer
				and Receiver General duly elected in accordance with the Constitution of the
				Commonwealth of Massachusetts and M.G.L. c. 10, who shall be known as the Plan
				Administrator.
Code of Massachusetts Regulations › 960 CMR - OFFICE OF THE STATE TREASURER AND RECEIVER GENERAL › Title 960 CMR 3.00 - Deferred Compensation › Section 3.03 - Deferred Compensation Committee

Current through Register 1525, July 5, 2024
The deferred compensation committee (Oversight Committee) shall
				meet from time to time, and shall oversee the day-to-day operation of the
				deferred compensation program. The members of said committee shall serve
				without compensation, but shall be reimbursed for expenses necessarily incurred
				in the performance of their duties.
Code of Massachusetts Regulations › 960 CMR - OFFICE OF THE STATE TREASURER AND RECEIVER GENERAL › Title 960 CMR 3.00 - Deferred Compensation › Section 3.04 - Deferred Compensation Program

Current through Register 1525, July 5, 2024
(1)
			 The state treasurer, on behalf of the commonwealth, may contract with an
			 employee to defer a portion of that employee-scompensation and may, for the
			 purposes of funding a deferred compensation program for said employee,
			 established in accordance with the U.S. Internal Revenue Code, invest the
			 deferred portion of the employee's income in a life insurance or annuity
			 contract, mutual fund, or a bank investment trust.
(2) The treasurer shall solicit bids from
			 insurance companies authorized to do business within the commonwealth, pursuant
			 to M.G.L. c. 175, mutualfund managers and banks, before investing deferred
			 compensation.
(3) Any bid submitted
			 by an insurance company, mutual fund, or bank investment trust seeking
			 investment or the IRA contribution shall, where applicable, clearly indicate
			 the interest rate which shall be paid on the invested funds, any commissions
			 which will be paid to the salesmen, any load imposed for the purpose of
			 administering the funds, expected payouts, tax implications for participating
			 employees and such other information as the treasurer may require.
(4) The deferred compensation program shall
			 be in addition to, and not a part of, the retirement program or pension system
			 under M.G.L. c. 32. Compensation deferred under this program shall continue to
			 be included as regular compensation for the purposes of computing retirement
			 and pension benefits, but shall not be included in the computation of any taxes
			 withheld on behalf of the employee.
(5) At the request of the state treasurer,
			 the state auditor or an independent auditing firm chosen by the state treasurer
			 may perform an audit of the accounts of the deferred compensation program for
			 any fiscal or calendar year selected by the said treasurer.
(6) The treasurer may select and contract
			 with a natural person or persons or a company to coordinate the deferred
			 compensation program (called the Plan Coordinator). Said plan coordinator shall
			 be selected in accordance with the public bidding laws and shall meet with the
			 Oversight Committee on a regular basis, and shall advise said committee
			 regarding the day-to-day operations of the deferred compensation
			 program.
(7) All amounts deducted
			 from employees salary or wages will be forwarded to a custodian bank and placed
			 in a lockbox. The plancoordinator is responsible for the allocation of said
			 funds to the proper bank, mutual fund or insurance company for investment
			 and/or purchase of mutual fund shares or fixed or variable annuities or life
			 insurance contracts in accordance with the employee-participant requests for
			 disposition of funds and products offered under the plan.
Code of Massachusetts Regulations › 960 CMR - OFFICE OF THE STATE TREASURER AND RECEIVER GENERAL › Title 960 CMR 3.00 - Deferred Compensation › Section 3.05 - Lockbox Account

Current through Register 1525, July 5, 2024
(1) Funds placed in
			 the lockboxduringtransmittal to the bank, mutual fund or insurance company
			 shall accrue interest which shall be used for the benefit of all participants
			 in the deferred compensation program.
(2) Accumulated interest may be expended for
			 the benefit of the program participants in a manner deemed to be appropriate by
			 the Oversight Committee with the approval of the plan administrator and shall
			 include, but not be limited to, the following services:
(a) Studies and evaluations to measure
			 performance of products offered and services delivered to
			 participants.
(b) Independent
			 audits of the program.
(c) Services
			 to support functions of the Oversight Committee.
Code of Massachusetts Regulations › 960 CMR - OFFICE OF THE STATE TREASURER AND RECEIVER GENERAL › Title 960 CMR 3.00 - Deferred Compensation › Section 3.06 - Hardship Withdrawals

Current through Register 1525, July 5, 2024
(1) Upon proper
			 proof of an unforseen emergency, hardship withdrawals will be permitted in the
			 following manner:
(a) For an amount less than
			 $3,500, the Plan Coordinato r has the authority to approve the
			 withdrawal.
(b) For amounts greater
			 than $3,500, the approval of the Plan Administrator is necessary.
Code of Massachusetts Regulations › 960 CMR - OFFICE OF THE STATE TREASURER AND RECEIVER GENERAL › Title 960 CMR 3.00 - Deferred Compensation › Section 3.07 - Fund Transfers

Current through Register 1525, July 5, 2024
(1) Any deferred
			 compensation programadopted hereunder shall provide for transfers of employee
			 funds to and from other such plans upon separation of an employee's service and
			 employment with another employer having a deferred compensation program
			 hereunder.
(2) Any transfers as
			 described in 960 CMR 3.07(1) may be invested in any investment option available
			 under another such plan, at the direction of the employee.
(3) To the extent permitted by the terms of
			 any contract between the treasurer and any funding provider in the deferred
			 compensation program, participants may elect to transfer funds from one
			 investment option to another within a given plan.
Code of Massachusetts Regulations › 960 CMR - OFFICE OF THE STATE TREASURER AND RECEIVER GENERAL › Title 960 CMR 3.00 - Deferred Compensation › Section 3.08 - Life Insurance Provisions

Current through Register 1525, July 5, 2024
Should any employee participating in the deferred compensation
				plan apply for life insurance protection to be purchased with deferred funds,
				and thereafter be refused such protection, or if such life insurance is
				thereafter canceled, the insurer shall remain in possession of such funds
				deferred for this purpose until the employee makes another election for
				investment of such funds.
Code of Massachusetts Regulations › 960 CMR - OFFICE OF THE STATE TREASURER AND RECEIVER GENERAL › Title 960 CMR 4.00 - Procedures For The Administration Of Abandoned Property › Section 4.01 - Scope and Purpose

Current through Register 1525, July 5, 2024
960 CMR 4.00 establishes and
				clarifies procedures for the administration of the Abandoned Property Division
				in the Department of the State Treasurer and is promulgated by the Department
				of the State Treasurer pursuant to M.G.L. c. 200A, § 13A. Issues not
				addressed in
				960 CMR 4.00 for which any
				party seeks clarity are to be considered in light of the entire M.G.L. c.
				200A.
Code of Massachusetts Regulations › 960 CMR - OFFICE OF THE STATE TREASURER AND RECEIVER GENERAL › Title 960 CMR 4.00 - Procedures For The Administration Of Abandoned Property › Section 4.03 - Reporting Abandoned Property

Current through Register 1525, July 5, 2024
(1)
Required Information for Reporting
. All reporting of
			 abandoned property must be done in accordance with M.G.L. c. 200A, § 7.
			 Reports submitted to the Division must be in a format approved by the Treasurer
			 and must include the following:
(a) a
			 completed and notarized AP-1 Form;
(b) a statement that all due diligence
			 requirements of the law have been met by the holder, signed under the pains and
			 penalty of perjury, along with a copy of a sample due diligence
			 letter;
(c) an electronic copy of
			 the report (magnetic tape or diskette) in the file format currently approved by
			 the National Association of Unclaimed Property Administrators
			 (NAUPA);
(d) in the case of cash
			 property, a certified check or money order made payable to the Commonwealth of
			 Massachusetts or an Electronic Funds Transfer (EFT) (wiring instructions
			 available at the Division);
(e) in
			 the case of securities, a Depository Trust Company (DTC ) transfer to the
			 Division (DTC instructions available at the Division), or, in the case of
			 non-DTC eligible securities, direct delivery or transmittal to the
			 Division;
(f) confirmation
			 statements must be included if mutual fund or dividend reinvest accounts are
			 remitted;
Code of Massachusetts Regulations › 960 CMR - OFFICE OF THE STATE TREASURER AND RECEIVER GENERAL › Title 960 CMR 4.00 - Procedures For The Administration Of Abandoned Property › Section 4.04 - Claims Process

Current through Register 1525, July 5, 2024
(1)
Issuance of a Claim Form.
(a) Claim forms shall only be issued to
			 persons identified by Division staff as having a valid interest in a certain
			 property/properties. A person shall be declared as having an interest in the
			 property if he/she if one of the following:
1.
			 the original owner or an officer of a corporation or business which is
			 anoriginalowner or legal successor;
2. a person with a court appointment, such as
			 an administrator/trix or executor/trix;
3. a person duly appointed as the power of
			 attorney for the original owner;
4.
			 a guardian, trustee, conservator or other court-appointed legal
			 representative;
5. an individual
			 who has petitioned a court of proper jurisdiction for appointment as the legal
			 representative of the original owner
Code of Massachusetts Regulations › 960 CMR - OFFICE OF THE STATE TREASURER AND RECEIVER GENERAL › Title 960 CMR 4.00 - Procedures For The Administration Of Abandoned Property › Section 4.06 - Procedures for Interaction with Heir Finders

Current through Register 1525, July 5, 2024
(1)
Registration of Heir
			 Finders
. All heir finders who seek to interact with the Division
			 on be half of an owner or holder must register with the Division on a form
			 prescribed by the Treasurer. Registration information shall include, but not be
			 limited to, an heir finder's previous business experience and whether the heir
			 finder has a previous criminal record.
(2)
Conflict of
			 Interest
. No heir finder shall be allowed to register with the
			 Division and represent the interests of owners if this person or entity
			 performs pre-escheat due diligence work for a holder.
(3)
Posting of Bond
.
			 All registered heir finders must post a performance bond of not less than
			 $10,000 to insure the Division against any fraudulent claims that may arise as
			 a result of an heir finder's representation of an owner or holder.
(4)
Heir Finder
			 Contracts
. Pursuant to M.G.L. c. 200A, § 13, agreements or
			 contracts to pay compensation to recover or assist in the recovery of abandoned
			 property between heir finders and owners are unenforceable if made within 24
			 months of the date the property was received by the Division. An original copy
			 of any agreement or contract between an heir finder and an owner, signed, dated
			 and notarized, shall be included with the initial filing of any claim pursuant
			 to
			 960 CMR 4.04.
			 Handwritten agreements or contracts will not be accepted.
(5)
Power of
			 Attorney
. No Power of Attorney filed by an heir finder will be
			 recognized by the Division for the purpose of making a claim pursuant to M.G.L.
			 c. 200A and the provisions of
			 960 CMR
			 4.04(2).
(6)
Release of Claim Forms to
			 Owners Represented by Heir Finders; Payment of Claims.
(a) No claim form shall be sent to an owner
			 being represented by an heir finder until and unless the owner or his/her legal
			 representative has made direct contact with the Division.
(b) Payment for all claims made to an owner
			 who has been assisted by an heir finder shall be made only to the owner and in
			 no instance to the heir finder.
Code of Massachusetts Regulations › 960 CMR - OFFICE OF THE STATE TREASURER AND RECEIVER GENERAL › Title 960 CMR 4.00 - Procedures For The Administration Of Abandoned Property › Section 4.08 - Amnesty

Current through Register 1525, July 5, 2024
(1)
Operation of the Amnesty
			 Program
. Pursuant to the statutory authority granted in St. 2000,
			 c. 198, the Treasurer has established an amnesty program in order to encourage
			 voluntary compliance with the abandoned property laws of Massachusetts. The
			 amnesty program will be in effect for 181 days, commencing on May 6, 2001, and
			 ending on November 3, 2001. The Treasurer will not initiate an investigation
			 and/or pursue criminal prosecution and will waive all penalties, fines or
			 interest that may be imposed under M.G.L. c. 200A, § 12(e), for holders to
			 whom the Treasurer grants amnesty and who voluntarily remit abandoned property
			 and otherwise comply with the requirements of M.G.L. c. 200A and the provisions
			 of
			 960 CMR
			 4.03.
(2)
Eligibility of
			 Holders
. The Treasurer shall grant amnesty to any holder who files
			 a Request for Amnesty form which is postmarked on or before November 3, 2001,
			 and who meets the following criteria:
(a) The
			 holder is not the subject of an audit or investigation by the Treasurer or a
			 party to litigation concerning abandoned property, as of May 6, 2001. The term
			 "subject to an audit or investigation" shall mean that on or before May 6,
			 2001, the Treasurer or his/her agent or designee has sent a Letter of
			 Engagement to a holder, as described in
			 960 CMR
			 4.07(5)(a)1., informing the
			 holder of the Treasurer's intent to commence a Field Audit.
(b) The property to be reported is in fact
			 abandoned pursuant to M.G.L. c. 200A, §§ 1A, 2, 3, 4, 5, 5A, 5B, 5C,
			 6, 6A or 6B and was required to be reported on or before November 1, 2000, or
			 in the case of life insurance companies, on or before May 1, 2000.
(c) The abandoned property of the holder is
			 transferred directly to the Treasurer, his designee or authorized agent during
			 the amnesty period or the statutorily-authorized period of extension for filing
			 reports of abandoned property, as defined in M.G.L. c. 200A, § 13B,
			 whichever is later.
(d) Appropriate
			 reports pertaining to the property are filed with the Treasurer in a format
			 satisfactory to the Treasurer during the amnesty period or authorized extension
			 period, whichever is later. No holder that has filed a Request for Amnesty form
			 on or before November 3, 2001, and has made a good faith attempt to report its
			 abandoned property as described above prior to the expiration of the amnesty
			 period shall be denied the right to participate in the amnesty
			 program.
(e) Records pertaining to
			 the abandoned property are maintained by the holder in compliance with M.G.L.
			 c. 200A, § 12(f) and
			 960 CMR
			 4.03(16).
Code of Massachusetts Regulations › 960 CMR - OFFICE OF THE STATE TREASURER AND RECEIVER GENERAL › Title 960 CMR 4.00 - Procedures For The Administration Of Abandoned Property › Section 4.09 - Revocation of Prior Policies, Rulings and Agreements

Current through Register 1525, July 5, 2024
960 CMR 4.00 supercedes any
				and all prior policy statements of the Division, whether internal or external,
				including but not limited to letter rulings, directives, technical information
				releases and regulations, with the exception of the Division's Audit Program
				Guidelines. All prior statements, letter rulings, directives, technical
				information releases and regulations of the Division, with the exception of the
				Division's Audit Program Guidelines, are hereby revoked in their
				entirety.
Code of Massachusetts Regulations › 960 CMR - OFFICE OF THE STATE TREASURER AND RECEIVER GENERAL › Title 960 CMR 4.00 - Procedures For The Administration Of Abandoned Property › Section 4.10 - Severability

Current through Register 1525, July 5, 2024
If any section or clause of
				960 CMR 4.00 is held invalid
				or unconstitutional by a court of competent jurisdiction, the remainder shall
				not be affected thereby.
Code of Massachusetts Regulations › 960 CMR - OFFICE OF THE STATE TREASURER AND RECEIVER GENERAL › Title 960 CMR 5.00 - Unpaid Check Fund › Section 5.01 - Purpose

Current through Register 1525, July 5, 2024
The purpose of
				960 CMR
				5.00 is to establish and clarify procedures for the
				administration of the Unpaid Check Fund supervised by the Cash Management
				Division of the Office of the State Treasurer and Receiver General, established
				pursuant to M.G.L. c. 29, § 32.
Code of Massachusetts Regulations › 960 CMR - OFFICE OF THE STATE TREASURER AND RECEIVER GENERAL › Title 960 CMR 5.00 - Unpaid Check Fund › Section 5.02 - Definitions

Current through Register 1525, July 5, 2024
Administrator/Administratrix
: A person
				appointed by a court to settle the estate of a person who died without leaving
				a will.
Claimant
: A person or legal entity
				legally entitled to claim property held by the Unpaid Check Fund. A claimant
				may be an owner or a person acting on behalf of an owner or his or her
				estate.
Conservator
: A person who is
				court-appointed legally to hold, manage, and safeguard the value of another
				person's property.
Deputy Treasurer
: The Deputy Treasurer
				for Cash Management of the Office of the State Treasurer and Receiver
				General.
Division
: The Cash Management Division
				of the Office of the State Treasurer and Receiver General.
Executor/Executrix
: A person named in
				a will to administer and carry out the last will and testament of a deceased
				person.
Guardian
: A person who has legal
				responsibility for the care and well-being of another person who is either a
				minor or incompetent to manage his or her own affairs.
Issuing Agency
: The state agency that
				originally issues what later becomes an unpaid check to the owner.
Notarized Signature
: Signature of a
				claimant witnessed by a person who is an official Notary Public and attests to
				the fact that the signature is that of the person who appears before
				him/her.
Original Document
: The actual written
				document issued by an authority or government entity legally empowered to issue
				documents, such as a court, city or town clerk, attorney, or any official
				keeper of records.
Owner
: A person having a legal or
				equitable claim to property held by the Unpaid Check Fund.
Power of Attorney
: A legal document in
				which a person gives another person authority to act for him/ her self.
True Attested/Certified Copy
: Copy of
				an original document that is issued by a court or other government entity and
				displays a raised seal and/or original signature of the issuing authority
				certifying that the copy is a true copy of the original.
Trust
: A legal arrangement whereby
				control of an account or property is transferred to a person or organization
				(trustee) for the benefit of another person (beneficiary).
Unpaid Check
: Any check issued by the
				State Treasurer, or by any agent of agency of Massachusetts, other than checks
				issued in payment of obligations of the State Board of Retirement and the
				Teachers' Retirement Board, which is not presented for payment within one year
				from its date of issuance, for which the original claim for payment has not
				been settled through re-issuance of the check.
UPCF
: The Unpaid Check Fund of the
				Cash Management Division of the Office of the State Treasurer and Receiver
				General.
Vendor
: Any person or entity that
				sells good or services to Massachusetts in the ordinary course of
				business.
Code of Massachusetts Regulations › 960 CMR - OFFICE OF THE STATE TREASURER AND RECEIVER GENERAL › Title 960 CMR 5.00 - Unpaid Check Fund › Section 5.03 - The Unpaid Check Fund

Current through Register 1525, July 5, 2024
On a periodic basis, stale-dated checks issued by Massachusetts
				are transferred to the UPCF. These checks are initially stored in a "suspense
				file" where they can be reviewed and a report of potential entries can be
				issued. Division staff will initially review the data for obvious errors, such
				as coding errors, coding errors, duplicate entries, and the like. At that time,
				relevant state agencies may be contacted to determine if, in fact, any
				particular item constitutes an unpaid check. Where possible, discrepancies will
				be eliminated from the suspense file by a reconciliation analyst.
Thereupon, any unpaid checks that are not obviously invalid
				will be moved to the active system of the UPCF. While Division staff will
				attempt to eliminate potentially erroneous data from the unpaid check listing,
				the Division is unable to make any determination regarding the validity of any
				particular item in the UPCF until completion of the claims process, including
				the completion of a claim form, the appropriate agency review, and
				post-reconciliation procedures described below. In fact, that claims process
				may result in a determination that the presumed "unpaid check" does not
				constitute a valid claim.
Code of Massachusetts Regulations › 960 CMR - OFFICE OF THE STATE TREASURER AND RECEIVER GENERAL › Title 960 CMR 5.00 - Unpaid Check Fund › Section 5.04 - Initiation of Claims

Current through Register 1525, July 5, 2024
Upon receipt of a request regarding a possible unpaid check in
				the UPCF, an individual in the Division ("the Reviewer"), from a reporting unit
				other than the Reconciliation Unit, will search the UPCF database to determine
				if any checks there in may be the property of the party on whose behalf the
				request is made.
Upon discovery of any such checks in the UPCF, the Reviewer
				will issue a claim form. Claim forms shall only be issued to persons identified
				by Division staff as having a valid interest in the unpaid check. A person
				shall be considered to have an interest in the unpaid check if he or she
				satisfies any of the following conditions :
(1) the original owner or an officer of a
			 corporation or business which is an original owner;
(2) a person with a court appointment, such
			 as an administrator/administratrix or an executor/executrix;
(3) a person duly appointed as the power of
			 attorney for the original owner;
(4) a guardian, trustee, conservator, or
			 other court-appointed legal representative; or
(5) a person who has petitioned a court of
			 proper jurisdiction for appointment as the legal representative of the original
			 owner.
Prior to the issuance of a claim form to a claimant, an
				employee of the Division must verify the original owner's address and Social
				Security Number or Taxpayer Identification Number (TIN).
The Division will not issue a claim form prior to the receipt
				of the SocialSecurity/TIN and current mailing address of the individual or
				entity claiming the unpaid check.
In the case of a person claiming property on behalf of an
				estate, that person must provide the Division with the TIN of the estate or his
				or her own Social Security Number, as well as the Social Security Number of the
				deceased.
A claim form may be sent to anindividualactingas a power of
				attorney only after the Division has verified from the owner that the claimant
				is actually acting on behalf of the owner.
Code of Massachusetts Regulations › 960 CMR - OFFICE OF THE STATE TREASURER AND RECEIVER GENERAL › Title 960 CMR 5.00 - Unpaid Check Fund › Section 5.06 - Signature Requirements

Current through Register 1525, July 5, 2024
All signatures by or on behalf of owners must be notorized on
				all claims in excess of $500.00. If any property is held jointly, then the
				signatures of all original owners, unless one is deceased, must appear on the
				claim form before it can be approved at any level within the Division. If one
				of the original owners of property held jointly is deceased, the lawful
				representative of the decedent's estate must sign the claim form along with the
				other original owner before it can be approved at any level within the
				Division.
Code of Massachusetts Regulations › 960 CMR - OFFICE OF THE STATE TREASURER AND RECEIVER GENERAL › Title 960 CMR 5.00 - Unpaid Check Fund › Section 5.07 - Address Changes

Current through Register 1525, July 5, 2024
If available, the claim form provided to the claimant will
				provide information indicating the address associated with the check, which was
				initially issued by the issuing agency. In all cases in which an owner's
				present address is different from the address on the initially-issued check,
				the owner must provide proofofformer address, as well as proof of the change in
				address, or verification why the initial address was incorrect. For example, if
				the corporation has had a change of address, notification of the change of
				address on the company letterhead would suffice.
Where appropriate and necessary, Division staff will initiate a
				change of address process through a vendor update form before the processing of
				payment for any particular claim.
Code of Massachusetts Regulations › 960 CMR - OFFICE OF THE STATE TREASURER AND RECEIVER GENERAL › Title 960 CMR 5.00 - Unpaid Check Fund › Section 5.08 - Required Agency Documentation for Claims

Current through Register 1525, July 5, 2024
Each claim form will provide directions to the claimant to mail
				the completed form to the state agency that originated the payment, if known.
				In most cases, this is determined based on data submitted with the purging of
				the check file to the UPCF. The claimant may need to work with the Division
				staff to identify the agency if data is not available.
The agency will review the claim based on established protocols
				of evidence including, but not limited to: matching social security number to
				agency records; copy of original-dated check; payment history indicating no
				re-issuance of check by the agency; and matching address to agency vendor file.
				A claim form cannot be processed for payment without verification f of the
				validity of the claim by the issuing agency
Code of Massachusetts Regulations › 960 CMR - OFFICE OF THE STATE TREASURER AND RECEIVER GENERAL › Title 960 CMR 5.00 - Unpaid Check Fund › Section 5.09 - Approval and Disapproval of Claims

Current through Register 1525, July 5, 2024
Once the agency review is complete, the agency will forward the
				claim form to the Division. Upon the receipt of the UPCF claim form completed
				by the appropriate state agency, a second reconciliation analyst will conduct
				an independent review This review will include a re-verification of check stop
				payment and re-issuance data at the Division and may include confirmation or
				review of agency evidence of a claim. If the claim is deemed valid and the form
				complete and accurate, it will be approved and sent to the Payments Coordinator
				for approval.
The Deputy Treasurer must approve claims in excess of
				$10,000.
Following approval, the Reviewer will initiate the procedure
				for the issuance of a payment voucher that will be forwarded to the
				Administration and Finance Division of the Treasury (A&F).
In the event that the Division does not approve a claim for
				payment, the Division shall issue to the claimant a written explanation of the
				specific grounds for disapproval, and such notice shall be forwarded to the
				claimant by first-class mail within three business days of such
				disapproval.
The claimant shall have a right to request reconsideration of a
				disapproval of a claim. The claimant shall state the reasons for such a request
				in writing, and include therewith any documentation that addresses the grounds
				for disapproval. Any such request for reconsideration shall be submitted in
				writing to the Division within 30 calendar days of the claimant' s receipt of
				the notice of disapproval.
Code of Massachusetts Regulations › 960 CMR - OFFICE OF THE STATE TREASURER AND RECEIVER GENERAL › Title 960 CMR 5.00 - Unpaid Check Fund › Section 5.10 - Payment of Claims

Current through Register 1525, July 5, 2024
Upon receipt of the voucher, A&F will initiate the payment
				process through MMARS, through the electronic transfer of the claim approval
				data to the Office of the State Comptroller, whereupon a check will be issued
				to the owner either directly or through a person whom the Division has verified
				is legally authorized to receive the check for the owner.
For all such MMARS checks issued through a voucher, a vendor
				number and address must be recorded on MMARS. This will be verified to the
				original address associated with the check and any documented changes in
				address.
Where the claimant has an existing obligation to Massachusetts,
				the payment may be intercepted by the Office of the State Comptroller for
				satisfaction of that obligation.
Code of Massachusetts Regulations › 960 CMR - OFFICE OF THE STATE TREASURER AND RECEIVER GENERAL › Title 960 CMR 5.00 - Unpaid Check Fund › Section 5.11 - Division Due Diligence

Current through Register 1525, July 5, 2024
While property, for which a claim has not yet been asserted, is
				held by the UPCF, and the Division's investigation, whether independently or in
				conjunction with state agencies, determines that a claim would likely be valid,
				Division staff will attempt to contact the owner to initiate the claims
				procedure.
Under M.G.L. c. 29, § 32, on June
				30th of each year, the Comptroller is to transfer to
				the Abandoned Property Fund all funds that have remained in the UPCF for at
				least one year. Accordingly, the Division, as custodian of the UPCF, is, in
				essence, a holder subject to the requirements of the abandoned property
				statute, M.G.L. c. 200A. As such, the Division is specifically subject to
				M.G.L. c. 200A, § 7A, which requires holders to send a notice to the owner
				of the property at least 60 days prior to the turn over of the property to the
				Abandoned Property Fund.
Consequently, a least 60 days prior to the transfer of property
				to the Abandoned Property Fund, the Division will send a notice to the record
				owner of the property at that person's last-known address.
Code of Massachusetts Regulations › 960 CMR - OFFICE OF THE STATE TREASURER AND RECEIVER GENERAL › Title 960 CMR 6.00 - Massachusetts Defined Contribution Core Plan › Section 6.01 - General Regulations

Current through Register 1525, July 5, 2024
960 CMR 6.00 applies only to the Massachusetts Defined
				Contribution CORE Plan, also known as the "Plan," which is a Code Section
				401(k) plan subject to ERISA. 960 CMR 6.00 does not apply to any other defined
				contribution plan(s) that may be administered by the Office of the State
				Treasurer and Receiver General.
Code of Massachusetts Regulations › 960 CMR - OFFICE OF THE STATE TREASURER AND RECEIVER GENERAL › Title 960 CMR 6.00 - Massachusetts Defined Contribution Core Plan › Section 6.02 - Definitions

Current through Register 1525, July 5, 2024
As used in
				960 CMR 6.00, the following
				terms shall have the following meanings:
Internal Revenue Code or Code
. The
				United States Internal Revenue Code of 1986.
ERISA
. The Employee Retirement Income
				Security Act of 1974.
MEP Sponsor
. The entity that sponsors
				this Plan that assumes sponsorship of the Plan. No employees of the MEP Sponsor
				will be covered by this Plan with respect to their employment with the MEP
				Sponsor unless the MEP Sponsor also adopts a Participation Agreement as a
				Participating Employer.
Participating Employer
. An entity
				that has adopted the provisions of this Plan and whose participation in the
				Plan has been accepted in writing by the MEP Sponsor. The date a Participating
				Employer participates in the Plan is the participation effective date as set
				forth in the Participation Agreement.
Plan
. The Massachusetts Defined
				Contribution CORE Plan.
State Treasurer
. The Treasurer and
				Receiver General of the Commonwealth of Massachusetts duly elected in
				accordance with the Constitution of the Commonwealth of Massachusetts and
				performing such duties and responsibilities as set forth in the Massachusetts
				General Laws, including M.G.L. c. 10 and M.G.L. c. 29, § 64E. The State
				Treasurer shall be the MEP Sponsor unless otherwise specified.
Treasury
. The Office of the State
				Treasurer and Receiver General.
For any definitions in 960 CMR 6.02 that are inconsistent with
				any definition in the Plan, the definitions in the Plan shall take precedence
				with respect to the administration and operation of the Plan. Any terms not
				defined in
				960 CMR 6.00 shall be as
				defined in the Plan.
Code of Massachusetts Regulations › 960 CMR - OFFICE OF THE STATE TREASURER AND RECEIVER GENERAL › Title 960 CMR 6.00 - Massachusetts Defined Contribution Core Plan › Section 6.03 - Administration of the Plan

Current through Register 1525, July 5, 2024
The Plan is created and maintained and shall be administered
				pursuant to the applicable sections of the ERISA, the Code and M.G.L. c. 29,
				§ 64E.
The State Treasurer as MEP Sponsor may delegate general
				authority for administration of the Plan as the State Treasurer deems
				appropriate to Treasury staff and any third-parties, in accordance with the
				terms of the Plan and applicable law.
Code of Massachusetts Regulations › 960 CMR - OFFICE OF THE STATE TREASURER AND RECEIVER GENERAL › Title 960 CMR 6.00 - Massachusetts Defined Contribution Core Plan › Section 6.04 - Eligibility for Not-for-profit Employers to Be Participating Employers

Current through Register 1525, July 5, 2024
(1) Not-for-profit employers eligible to be
			 Participating Employers under the Plan shall include organizations that:
(a) are incorporated under Code Section
			 501(c);
(b) are established,
			 organized or chartered under the laws of the Commonwealth of
			 Massachusetts;
(c) are doing
			 business in the Commonwealth of Massachusetts;
(d) employ not more than 20 persons as of the
			 date the Participation Agreement is fully executed; and
(e) agree to be in compliance with the
			 provisions of the Plan documents and complete any other documentation required
			 for participation in the Plan as directed by the MEP Sponsor.
Code of Massachusetts Regulations › 960 CMR - OFFICE OF THE STATE TREASURER AND RECEIVER GENERAL › Title 960 CMR 6.00 - Massachusetts Defined Contribution Core Plan › Section 6.05 - Statutory Committee

Current through Register 1525, July 5, 2024
As provided for in M.G.L. c. 29, § 64E(e), there shall be
				a Not-for-profit Defined Contribution Committee (Statutory Committee) in the
				Treasury, whose make-up, duties and responsibilities shall be as set forth in
				the statute and as otherwise defined in a separate Mode of Operations
				document.
Code of Massachusetts Regulations › 960 CMR - OFFICE OF THE STATE TREASURER AND RECEIVER GENERAL › Title 960 CMR 6.00 - Massachusetts Defined Contribution Core Plan › Section 6.06 - Severability

Current through Register 1525, July 5, 2024
If any provision or the application of any provision of 960 CMR
				6.00 is held to be invalid or unconstitutional, such invalidity shall not be
				construed to affect the validity or constitutionality of any remaining
				provisions of 960 CMR 6.00 or the application of such provisions to M.G.L. c.
				29, § 64E.
Code of Massachusetts Regulations › 960 CMR - OFFICE OF THE STATE TREASURER AND RECEIVER GENERAL › Title 960 CMR 7.00 - Procedures For The Administration Of Certain Bonuses Awarded To Eligible Service Members › Section 7.01 - Scope and Purpose

Current through Register 1525, July 5, 2024
960 CMR
				7.00 establishes and clarifies procedures for awarding
				certain bonuses administered through the Veterans' Bonus Division ("Division")
				of the Office of the State Treasurer and Receiver General (Treasury).
				960 CMR
				7.00 is promulgated by the Treasury pursuant to St.
				1945, c. 731, §§ 1 through 8; St. 1953, c. 440, §§ 1
				through 3, 12; St. 1968,c. 646, §§ 1 through 10 as amended; M.G.L. c.
				10, § 78; and M.G.L. c. 4, § 78, cl. 43rd.
				Issues not addressed in
				960 CMR
				7.00 for which any party seeks clarity are to be
				considered in light of the aforementioned citations and the entire M.G.L. c.
				10.
Code of Massachusetts Regulations › 960 CMR - OFFICE OF THE STATE TREASURER AND RECEIVER GENERAL › Title 960 CMR 7.00 - Procedures For The Administration Of Certain Bonuses Awarded To Eligible Service Members › Section 7.03 - Eligibility

Current through Register 1525, July 5, 2024
(1)
World War II
			 Bonus
.
(a) To be eligible for a
			 World War II Bonus, the Applicant must submit a completed application, which
			 includes documentation satisfactory to the Division, showing the Applicant
			 meets the following requirements:
1.
Massachusetts Domicile
. The Applicant must have been
			 domiciled in the Commonwealth for a period of not less than six months
			 immediately prior to entering Active Service of the Armed Forces;
2.
Active Service
.
			 The Applicant must have served in Active Service in the Armed Forces for a
			 period of at least one day from on or after September 16, 1940 through July 25,
			 1947; and
3.
Characterization of Service.
The Applicant shall have
			 received a discharge or release under honorable conditions.
Code of Massachusetts Regulations › 960 CMR - OFFICE OF THE STATE TREASURER AND RECEIVER GENERAL › Title 960 CMR 7.00 - Procedures For The Administration Of Certain Bonuses Awarded To Eligible Service Members › Section 7.04 - Application Requirements

Current through Register 1525, July 5, 2024
(1)
Non-active Duty Applicants
. Applicants separated from
			 the Armed Forces when applying for a bonus must submit a completed application,
			 which includes any necessary documentation, to the Division. The Division shall
			 provide an application form upon request.
(a)
			 For an application to be deemed complete, it must include the following:
1. Veterans' Bonus Application Form that is
			 completed and signed by the Applicant;
2. DD-214: Proof of service and character of
			 service; and
3. Records showing a
			 Massachusetts domicile for six months prior to the Applicant's entering into
			 the Armed Services.
Code of Massachusetts Regulations › 960 CMR - OFFICE OF THE STATE TREASURER AND RECEIVER GENERAL › Title 960 CMR 7.00 - Procedures For The Administration Of Certain Bonuses Awarded To Eligible Service Members › Section 7.05 - Allowance of Bonus for Certain Veterans Who Were Other than Honorably Discharged

Current through Register 1525, July 5, 2024
Applicants Other than Honorably discharged due to their sexual
				orientation, gender identity, gender expression or HIV status may be awarded a
				bonus if the Division determines that they otherwise satisfy the Active Duty
				service, Domicile, and other requirements based on The Applicant's DD-214 form
				or equivalent documentation.
Code of Massachusetts Regulations › 960 CMR - OFFICE OF THE STATE TREASURER AND RECEIVER GENERAL › Title 960 CMR 7.00 - Procedures For The Administration Of Certain Bonuses Awarded To Eligible Service Members › Section 7.06 - Alternative or Additional Documentation

Current through Register 1525, July 5, 2024
The Division may request alternative and/or additional
				documentation in its sole discretion to determine an Applicant's eligibility
				for a bonus.
Code of Massachusetts Regulations › 960 CMR - OFFICE OF THE STATE TREASURER AND RECEIVER GENERAL › Title 960 CMR 7.00 - Procedures For The Administration Of Certain Bonuses Awarded To Eligible Service Members › Section 7.07 - Denial of Application

Current through Register 1525, July 5, 2024
(1) If
			 the Division determines that an Applicant is not eligible for a bonus(es), the
			 Division shall notify promptly the Applicant of the decision by letter sent
via
U.S. Mail and/or E-mail, if available. The letter or
			 e-mail shall include the reason(s) for the denial and advise the Applicant of
			 their right to appeal.
(2) The
			 Applicant, or their authorized representative, may appeal the denial by
			 submitting a written appeal to the Division within 60 days of the Applicant's
			 or authorized representative's receipt of the Division's notice of denial.
			 Appeals submitted to the Division via e-mail are acceptable.
(3) Upon receipt of a written appeal, the
			 Division shall send promptly a letter of acknowledgement to the Applicant or
			 their authorized representative with a copy of the Veterans' Bonus Appeal
			 Board's standing order in effect
via
U.S. Mail and/or e-mail,
			 if available.
(4) The Division
			 shall promptly forward the Applicant's written appeal to the Chair of the
			 Veterans' Bonus Appeal Board to schedule a hearing.
Code of Massachusetts Regulations › 960 CMR - OFFICE OF THE STATE TREASURER AND RECEIVER GENERAL › Title 960 CMR 7.00 - Procedures For The Administration Of Certain Bonuses Awarded To Eligible Service Members › Section 7.08 - Appeals

Current through Register 1525, July 5, 2024
(1) Upon receipt of
			 the notice provided for in
			 960
			 CMR 7.07(4), the Chair of
			 the Veterans' Bonus Appeal Board shall promptly issue a Notice of Hearing,
via
U.S. mail, to the Applicant, or authorized representative.
			 The Notice shall include the date, time, and place of the hearing.
(2) Any hearing shall be conducted in
			 accordance with:
(a) The Veterans' Bonus
			 Appeal Board's standing order in effect;
(b) M.G.L. c. 30A, §§ 1 through 17;
			 and
(c)
									801
			 CMR 1.02:
Informal/Fair Hearing
			 Rules
.
Code of Massachusetts Regulations › 960 CMR - OFFICE OF THE STATE TREASURER AND RECEIVER GENERAL › Title 960 CMR 7.00 - Procedures For The Administration Of Certain Bonuses Awarded To Eligible Service Members › Section 7.09 - Records Management

Current through Register 1525, July 5, 2024
The Division shall keep records, including electronic records,
				in accordance with the Commonwealth of Massachusetts Statewide Record Retention
				Schedule, as follows:
(1) Summary
			 records: permanent; held by Adjutant General's Office of Military
			 Affairs;
(2) Applications that are
			 denied and any documents submitted in support of the application: three years
			 after the date of the denial;
(3)
			 Applications that are approved and any documents submitted in support of the
			 application: seven years after the date of the approval; and
(4) The Veterans' Bonus Appeal Board shall
			 maintain permanent records pertaining to all Appeals.
Code of Massachusetts Regulations › 960 CMR - OFFICE OF THE STATE TREASURER AND RECEIVER GENERAL › Title 960 CMR 7.00 - Procedures For The Administration Of Certain Bonuses Awarded To Eligible Service Members › Section 7.10 - Penalty Provision

Current through Register 1525, July 5, 2024
Whoever knowingly makes a false statement, oral or written,
				relating to a material fact in supporting a claim under the provisions of
				960 CMR
				7.00, shall be punished by a fine of not more than
				$1,000.00, by imprisonment for not more than three years, or both such fine and
				imprisonment. An offense under
				960
				CMR 7.10 may be prosecuted by the Attorney
				General, or under the Attorney General's direction, in any court within the
				Commonwealth, and all fines collected thereunder shall be paid to the Treasury
				of the Commonwealth.
Code of Massachusetts Regulations › 961 CMR - STATE LOTTERY COMMISSION › Title 961 CMR 2.00 - Rules and Regulations › Section 2.01 - Introduction

Current through Register 1525, July 5, 2024
The Massachusetts State Lottery ("Lottery") was established by the enactment
										of St. 1971, c. 813. This law created a State Lottery Commission ("Commission") in the office of the State
										Treasurer who is Chairman of the Commission. Other members of the Commission are: the Secretary of Public
										Safety, the State Comptroller, and two persons appointed by the Governor for terms coterminous with that of
										the Governor. The Lottery directs the State Treasurer to appoint a Director of the Lottery, subject to the
										approval of the Governor. Revenues from the Lottery must be distributed as follows:
(a) no less than 45% must be paid to holders of winning tickets;
(b) not more than 15% may be used for operating costs; and
(c) the balance must be distributed to the Local Aid Fund for the benefit
								 of all the cities and towns in Massachusetts.
961 CMR 2.00 has been enacted
										pursuant to and under the authority of M.G.L. c. 30A and M.G.L. c. 10, § 24.
Code of Massachusetts Regulations › 961 CMR - STATE LOTTERY COMMISSION › Title 961 CMR 2.00 - Rules and Regulations › Section 2.02 - General Regulations

Current through Register 1525, July 5, 2024
961 CMR 2.00 is established by the
										Massachusetts State Lottery Commission to define and regulate the operation and administration of the
										Massachusetts State Lottery. In addition to
										961 CMR 2.00, rules for specific games, drawings or other
										matters may be found in Administrative Bulletins periodically issued by the Director.
Code of Massachusetts Regulations › 961 CMR - STATE LOTTERY COMMISSION › Title 961 CMR 2.00 - Rules and Regulations › Section 2.04 - Lottery Director

Current through Register 1525, July 5, 2024
The Director of the Massachusetts State Lottery shall supervise
				and administer the operation of the Lottery pursuant to M.G.L. c. 10, §
				26.