reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 840 CMR - PUBLIC EMPLOYEE RETIREMENT ADMINISTRATION COMMISSION › Title 840 CMR 2.00 - Retirement Board Travel › Section 2.13 - Payments or Reimbursements for Expenses by Third Parties

Current through Register 1525, July 5, 2024
(1) Providing to or receipt by a board member
			 or staff member of anything of substantial value from any person, firm,
			 partnership or other entity, either directly or indirectly, as outlined and
			 discussed in M.G.L. c. 268A, is strictly prohibited.
(2) In instances where a retirement board
			 member or board staff member participates in a legitimate speaking engagement,
			 the board shall pay all costs and expenses related to such speaking engagement,
			 provided, that the board member or board staff member complies with all of the
			 board's travel regulations. The board may accept reimbursement for such
			 travel-related expenses of a board member or a member of the board's staff from
			 the third-party, only under the following limited circumstances:
(a) A board member or a board staff member
			 may participate in legitimate speaking engagements in connection with their
			 positions on the retirement board or as a member of the board's staff and the
			 board may accept reimbursements from third parties necessary to cover
			 travel-related costs for such engagements.
(b) Acceptance of an honorarium or any other
			 form of compensation is strictly prohibited.
(c) To be considered a legitimate speaking
			 engagement, the presentation must be formally scheduled on the agenda of a
			 convention or conference.
(d) The
			 speaking engagement must be scheduled in advance of the board member's or board
			 staff member's arrival at the event.
(e) The presentation must be before an
			 organization that would normally have outside speakers address them at such an
			 event.
(f) The presentation cannot
			 be perfunctory, but should significantly contribute to the event, taking into
			 account such factors as the length of the speech or presentation, the size of
			 the audience, and the extent to which the speaker is providing substantive or
			 unique information or viewpoints.
(g) The retirement board can be reimbursed by
			 a third-party for expenses only to the extent necessary for making the speech
			 or presentation.
(h) Under no
			 circumstances can a board member or board staff member receive reimbursement or
			 any other payment or compensation from a third-party.
Code of Massachusetts Regulations › 840 CMR - PUBLIC EMPLOYEE RETIREMENT ADMINISTRATION COMMISSION › Title 840 CMR 2.00 - Retirement Board Travel › Section 2.14 - Violation of 804 CMR 2.00 or Board Travel Supplementary Regulations

Current through Register 1525, July 5, 2024
Any person or entity that violates 840 CMR 2.00 or any
				Retirement Board supplementary regulation approved by PERAC prior to March 29,
				2024 shall be deemed to have violated the provisions of 840 CMR 17.00:
Standards of Conduct for Fiduciaries and Qualified Investment
				Managers
and shall be subject to removal as an investment manager or
				consultant.
Code of Massachusetts Regulations › 840 CMR - PUBLIC EMPLOYEE RETIREMENT ADMINISTRATION COMMISSION › Title 840 CMR 3.00 - Internal Revenue Code Compliance Provisions › Section 3.01 - Internal Revenue Code Compliance Provisions

Current through Register 1525, July 5, 2024
Effective as of January 1, 1989, any retirement system subject
				to M.G.L. c. 32 will satisfy the qualification requirements in Internal Revenue
				Code Section 401, as applicable, as a governmental plan within the meaning of
				Internal Revenue Code Section 414(d). In order to meet those requirements, the
				retirement system is subject to the following provisions, notwithstanding any
				other provision of Massachusetts law.
Code of Massachusetts Regulations › 840 CMR - PUBLIC EMPLOYEE RETIREMENT ADMINISTRATION COMMISSION › Title 840 CMR 3.00 - Internal Revenue Code Compliance Provisions › Section 3.02 - Internal Revenue Code Section 401(a)(1), (2)

Current through Register 1525, July 5, 2024
Effective as of September 1, 1974, the assets of any retirement
				system subject to M.G.L. c. 32 are held in trust and may not be used for or
				diverted to any purpose other than for the exclusive benefit of the members and
				their beneficiaries and for paying the retirement system's reasonable
				administrative expenses.
Code of Massachusetts Regulations › 840 CMR - PUBLIC EMPLOYEE RETIREMENT ADMINISTRATION COMMISSION › Title 840 CMR 3.00 - Internal Revenue Code Compliance Provisions › Section 3.03 - Internal Revenue Code Section 401(a)(8)

Current through Register 1525, July 5, 2024
Effective as of September 1, 1974, and to confirm existing
				procedures, any retirement system subject to M.G.L. c. 32 will not use
				forfeitures that arise for any reason, including from termination of employment
				or death, to increase the benefits of any member.
Code of Massachusetts Regulations › 840 CMR - PUBLIC EMPLOYEE RETIREMENT ADMINISTRATION COMMISSION › Title 840 CMR 3.00 - Internal Revenue Code Compliance Provisions › Section 3.04 - Internal Revenue Code Section 401(a)(9)

Current through Register 1525, July 5, 2024
(1)
			 Effective as of January 1, 1989, any retirement system subject to M.G.L. c. 32
			 will pay all benefits in accordance with a good faith interpretation of the
			 requirements of Internal Revenue Code Section 401(a)(9), as applicable to a
			 governmental plan within the meaning of Internal Revenue Code Section
			 414(d).
(2) Notwithstanding any
			 other provision of
			 840
			 CMR 3.04(2), effective on
			 and after January 1, 2003, any retirement system subject to M.G.L. c. 32 is
			 subject to the following provisions:
(a)
			 Members must apply for benefits by completing all required forms and benefits
			 must begin by the required beginning date, which is the later of April
			 1st of the calendar year following the calendar year
			 in which the member reaches 72 years of age (70½ years of age if the
			 member was born before July 1, 1949) or April 1st of
			 the calendar year following the calendar year in which the member terminates
			 employment.
(b) The member's entire
			 interest must be distributed over the member's life or the lives of the member
			 and a designated beneficiary, or over a period not extending beyond the life
			 expectancy of the member or of the member and a designated
			 beneficiary.
(c) The life
			 expectancy of a member, the member's spouse, or the member's beneficiary may
			 not be recalculated after the initial determination for purposes of determining
			 benefits.
(d) If a member dies
			 after the required distribution of benefits has begun, the remaining portion of
			 the member's interest must be distributed at least as rapidly as under the
			 method of distribution before the member's death.
(e) If a member dies before required
			 distribution of the member's benefits has begun, the member's entire interest
			 must be either:
1. distributed (in accordance
			 with federal regulations) over the life or life expectancy of the designated
			 beneficiary, with the distributions beginning no later than December
			 31st of the calendar year following the calendar
			 year of the member's death; or
2.
			 distributed within five years of the member's death.
Code of Massachusetts Regulations › 840 CMR - PUBLIC EMPLOYEE RETIREMENT ADMINISTRATION COMMISSION › Title 840 CMR 3.00 - Internal Revenue Code Compliance Provisions › Section 3.06 - Internal Revenue Code Section 401(a)(25)

Current through Register 1525, July 5, 2024
Effective as of January 1, 1985, any retirement system subject
				to M.G.L. c. 32 will determine the amount of any benefit that is determined on
				the basis of actuarial assumptions using assumptions adopted by the PERAC; such
				benefits will not be subject to employer discretion.
Code of Massachusetts Regulations › 840 CMR - PUBLIC EMPLOYEE RETIREMENT ADMINISTRATION COMMISSION › Title 840 CMR 3.00 - Internal Revenue Code Compliance Provisions › Section 3.08 - Internal Revenue Code Section 415

Current through Register 1525, July 5, 2024
(1)
Basic 415 Limitations
. Effective as of September 1,
			 1974, in compliance with the provisions of M.G.L. c. 32, § 5(3)(f) and in
			 furtherance of the application of the compensation limitations set forth in
			 M.G.L. c. 32, § 1, member contributions paid to, and retirement benefits
			 paid from, any retirement system subject to M.G.L. c. 32 (system) shall be
			 limited to such extent as may be necessary to conform to the requirements of
			 Internal Revenue Code Section 415 for a qualified governmental pension
			 plan.
(2)
Limitation
			 Year
. For purposes of Internal Revenue Code Section 415, the
			 limitation year is the calendar year.
(3)
Participation in Other
			 Qualified Plans: Aggregation of Limits
.
(a) The 415(b) limit with respect to any
			 member who at any time has been a member in any other defined benefit plan as
			 defined in Internal Revenue Code Section 414(j) maintained by the member's
			 employer in this system shall apply as if the total benefits payable under all
			 such defined benefit plans in which the member has been a member were payable
			 from one plan.
(b) The 415(c) limit
			 with respect to any member who at any time has been a member in any other
			 defined contribution plan as defined in Internal Revenue Code Section 414(i)
			 maintained by the member's employer in this system shall apply as if the total
			 annual additions under all such defined contribution plans in which the member
			 has been a member were payable from one plan.
Code of Massachusetts Regulations › 840 CMR - PUBLIC EMPLOYEE RETIREMENT ADMINISTRATION COMMISSION › Title 840 CMR 3.00 - Internal Revenue Code Compliance Provisions › Section 3.09 - Internal Revenue Code Section 503(b)

Current through Register 1525, July 5, 2024
Effective as of January 1, 1989, a retirement board subject to
				M.G.L. c. 32 may not engage in a transaction prohibited by Internal Revenue
				Code Section 503(b).
Code of Massachusetts Regulations › 840 CMR - PUBLIC EMPLOYEE RETIREMENT ADMINISTRATION COMMISSION › Title 840 CMR 3.00 - Internal Revenue Code Compliance Provisions › Section 3.10 - Internal Revenue Code Sections 414(u), 401(a)(37) and the HEART Act

Current through Register 1525, July 5, 2024
(1) Effective December 12, 1994,
			 notwithstanding any other provision of retirement system law, contributions,
			 benefits and service credit with respect to qualified military service are
			 governed by Internal Revenue Code Section 414(u) and the Uniformed Services
			 Employment and Reemployment Rights Act of 1994.
(2)
Mandatory
			 Provision
. Effective with respect to deaths occurring on or after
			 January 1, 2007, while a member is performing qualified military service (as
			 defined in 38 USC c. 43), to the extent required by Internal Revenue Code
			 Section 401(a)(37), survivors of a member in a State or local retirement or
			 pension system, are entitled to any additional benefits that the system would
			 provide if the member had resumed employment and then died, such as accelerated
			 vesting or survivor benefits that are contingent on the member's death while
			 employed. In any event, a deceased member's period of qualified military
			 service must be counted for vesting purposes.
(3)
Optional
			 Provision
. Effective with respect to deaths and disabilities (as
			 determined under M.G.L. c. 32, § 6) occurring on or after July 1, 2007,
			 while a member is performing qualified military service (as defined in 38 USC
			 c. 43), to the extent permitted by Internal Revenue Code Section 414(u)(9), for
			 benefit accrual purposes and for vesting purposes, the member will be treated
			 as having earned years of service for the period of qualified military service,
			 having returned to employment on the day before the death or disability (as
			 determined under M.G.L. c. 32, § 6), and then having terminated on the
			 date of death or disability (as determined under M.G.L. c. 32, § 6). 840
			 CMR 3.10(3) shall be applied to all similarly situated individuals in a
			 reasonably equivalent manner.
(4)
Mandatory Provision for 415(c) Language
. Beginning
			 January 1, 2009, to the extent required by Internal Revenue Code Section
			 414(u)( 12), an individual receiving differential wage payments (as defined
			 under Internal Revenue Code Section 3401(h)(2)) from an employer shall be
			 treated as employed by that employer, and the differential wage payment shall
			 be treated as compensation for purposes of applying the limits on annual
			 additions under Internal Revenue Code Section 415(c). 840 CMR 3.10(4) shall be
			 applied to all similarly situated individuals in a reasonably equivalent
			 manner.
Code of Massachusetts Regulations › 840 CMR - PUBLIC EMPLOYEE RETIREMENT ADMINISTRATION COMMISSION › Title 840 CMR 3.00 - Internal Revenue Code Compliance Provisions › Section 3.11 - Internal Revenue Code Section 411(e)

Current through Register 1525, July 5, 2024
Effective as of September 1, 1974, in addition to any
				protection provided by this ordinance and Massachusetts law:
(1) A member will be 100% vested in all Plan
			 benefits upon attainment of the Plan's age and service requirements for the
			 Plan's normal retirement benefit; and
(2) A member will be 100% vested in all Plan
			 benefits, to the extent funded, if the Plan is terminated or experiences a
			 complete discontinuance of employer contributions.
Code of Massachusetts Regulations › 840 CMR - PUBLIC EMPLOYEE RETIREMENT ADMINISTRATION COMMISSION › Title 840 CMR 3.00 - Internal Revenue Code Compliance Provisions › Section 3.12 - Electronic Transactions

Current through Register 1525, July 5, 2024
In those circumstances where a written election or consent is
				not required by a retirement system or the Internal Revenue Code, an oral,
				electronic, or telephonic form in
lieu
of or in addition to a
				written form may be prescribed.
Code of Massachusetts Regulations › 840 CMR - PUBLIC EMPLOYEE RETIREMENT ADMINISTRATION COMMISSION › Title 840 CMR 4.00 - Financial Operations/standard Method of Accounting › Section 4.01 - Definitions

Current through Register 1525, July 5, 2024
Accounting Period
- January
				1st through December
				31st.
Adjusting Journal
- contains all
				entries that do not involve cash.
Cash Books
- includes the following
				reports: cash receipts, cash disbursements, adjusting journal entries, trial
				balance and general ledger.
Cash Disbursements Journal
- contains
				entries of all cash disbursements from the system.
Cash Receipts Journal
- contains
				entries of all cash receipts into the system.
Extension
- when PERAC allows a board,
				upon a written request, to submit the Annual Statement by June
				1st rather than May
				1st.
General Ledger
- a means for keeping
				record of the system's total financial accounts. It includes all accounts,
				entries and balances for: Assets, Liabilities, Funds, Receipts and
				Disbursements.
Pre-close Trial Balance/General Ledger
- lists all ledger accounts and balances before the closing entries are
				made.
Post-close Trial Balance/General
				Ledger
- produced after the closing entries are made to zero out
				the receipts and disbursements accounts.
Trial Balance
- list of all ledger
				accounts showing a beginning balance, debits, credits, and ending
				balance.
Code of Massachusetts Regulations › 840 CMR - PUBLIC EMPLOYEE RETIREMENT ADMINISTRATION COMMISSION › Title 840 CMR 4.00 - Financial Operations/standard Method of Accounting › Section 4.02 - Entries and Posting of Accounts; Trial Balance and General Ledger

Current through Register 1525, July 5, 2024
Every board shall establish, number, and maintain ledger
				accounts in the form prescribed by PERAC.
(1) Transactions shall be entered
			 daily.
(2) A Trial Balance shall be
			 run monthly.
(3) A General Ledger
			 shall be run monthly.
Code of Massachusetts Regulations › 840 CMR - PUBLIC EMPLOYEE RETIREMENT ADMINISTRATION COMMISSION › Title 840 CMR 4.00 - Financial Operations/standard Method of Accounting › Section 4.03 - Copies to Be Sent to PERAC

Current through Register 1525, July 5, 2024
(1) After all
			 entries for the month have been posted, the board shall send to PERAC in the
			 prescribed format the following for the month:
(a) monthly cash receipts;
(b) monthly cash disbursements;
(c) monthly adjusting journal
			 entries;
(d) monthly general
			 ledger; and
(e) year-to-date trial
			 balance.
The following chart indicates the due dates for the monthly
				cash books:
Month of
							 Accounting
Due Date
January
May 31st
February
May 31st
March
June 30 
							 th
April
June 30 
							 th
May
July 31st
June
July 31st
July
August 31st
August
September 30th
September
October 31st
October
November 30th
November
December 31st
December*
March 31st
The State and Teachers systems will not be subject to this
				timeline as they operate on the State fiscal year.
Code of Massachusetts Regulations › 840 CMR - PUBLIC EMPLOYEE RETIREMENT ADMINISTRATION COMMISSION › Title 840 CMR 4.00 - Financial Operations/standard Method of Accounting › Section 4.04 - Failure to File Financial Reports

Current through Register 1525, July 5, 2024
Any retirement board failing to file the financial statements
				and reports required by M.G.L. c. 32, § 20(5)(g), or by
				840
				CMR 4.03 shall be subject to the penalties
				provided by M.G.L. c. 32, § 24(2).
Code of Massachusetts Regulations › 840 CMR - PUBLIC EMPLOYEE RETIREMENT ADMINISTRATION COMMISSION › Title 840 CMR 4.00 - Financial Operations/standard Method of Accounting › Section 4.05 - Copies to Be Shared with Board Members

Current through Register 1525, July 5, 2024
Board staff shall share completed monthly cash books with all
				Board members.
Additionally, Board staff shall share cash reconciliations, as
				well as a quarterly comparison of budgeted amounts to actual spending with all
				board members.
Code of Massachusetts Regulations › 840 CMR - PUBLIC EMPLOYEE RETIREMENT ADMINISTRATION COMMISSION › Title 840 CMR 5.00 - Records And Reports › Section 5.01 - General Provisions

Current through Register 1525, July 5, 2024
840 CMR
				5.00 is the standard rule for records and reports
				which shall be required by the Public Employee Retirement Administration
				Commission. Except as otherwise provided by the Commission or by supplementary
				rules of a particular retirement board approved by the Commission pursuant to
				840 CMR
				14.02, all records and reports shall be
				required as of the dates outlined in
				840 CMR
				5.00 and as outlined in M.G.L. c.
				32.
Code of Massachusetts Regulations › 840 CMR - PUBLIC EMPLOYEE RETIREMENT ADMINISTRATION COMMISSION › Title 840 CMR 5.00 - Records And Reports › Section 5.02 - Retirement Board Members and Retirement Board Staff

Current through Register 1525, July 5, 2024
Each retirement board shall file with the Commission at the end
				of each quarter, a report which identifies any changes in Members of the
				Retirement Board or retirement board staff which have taken place during that
				quarter.
Code of Massachusetts Regulations › 840 CMR - PUBLIC EMPLOYEE RETIREMENT ADMINISTRATION COMMISSION › Title 840 CMR 5.00 - Records And Reports › Section 5.03 - Annual Report

Current through Register 1525, July 5, 2024
(1) Each retirement
			 board shall file with the Commission on or before May 1 of each year, an annual
			 report on a form prescribed by the Commission pursuant to the provisions of
			 M.G.L. c. 32, § 20(5)(h).
(2)
			 A retirement board may request a filing extension by submitting to the
			 Commission in writing a formal request, prior to May 1, which outlines the
			 reason(s) for which a filing extension is necessary. Such request shall specify
			 the number of days by which the board seeks to extend the filing deadline. The
			 granting of such an extension shall be at the discretion of the
			 Commission.
(3) If a retirement
			 board fails to file an Annual Report by May 1, or by the date of an approved
			 extension request, the Commission may revoke the exemption from the investment
			 restrictions of the retirement board pursuant to M.G.L. c. 32, § 23(2)(g),
			 after providing a 14 day written notice. Any board so requesting shall be given
			 a hearing before the Commission's Executive Director, or his designee, to show
			 cause as to why the exemption should not be revoked. Such request for a hearing
			 shall be made within 14 days of said written notice.
Code of Massachusetts Regulations › 840 CMR - PUBLIC EMPLOYEE RETIREMENT ADMINISTRATION COMMISSION › Title 840 CMR 5.00 - Records And Reports › Section 5.04 - Appropriation Data

Current through Register 1525, July 5, 2024
Each retirement system, shall on or before October 15 of each
				year, furnish the actuary with such information as is required to determine the
				amount to be paid for the pension fund thereof for the fiscal year commencing
				on the next July 1. The actuary shall on or before December 15, determine such
				amount and specify in a written notice to said board the amounts so required to
				be paid. For those systems who have not submitted the necessary information,
				the actuary shall determine appropriation amounts based on conservative
				actuarial assumptions.
Code of Massachusetts Regulations › 840 CMR - PUBLIC EMPLOYEE RETIREMENT ADMINISTRATION COMMISSION › Title 840 CMR 5.00 - Records And Reports › Section 5.05 - Automation Report

Current through Register 1525, July 5, 2024
Each retirement board, 30 days prior to automating any of its
				functions, shall submit to the Commission a report which outlines in detail all
				such automation plans.
Code of Massachusetts Regulations › 840 CMR - PUBLIC EMPLOYEE RETIREMENT ADMINISTRATION COMMISSION › Title 840 CMR 6.00 - Standard Rules For Disclosure Of Information › Section 6.01 - Definitions

Current through Register 1525, July 5, 2024
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.
Code of Massachusetts Regulations › 840 CMR - PUBLIC EMPLOYEE RETIREMENT ADMINISTRATION COMMISSION › Title 840 CMR 6.00 - Standard Rules For Disclosure Of Information › Section 6.02 - Purpose of Standard Rules

Current through Register 1525, July 5, 2024
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.
Code of Massachusetts Regulations › 840 CMR - PUBLIC EMPLOYEE RETIREMENT ADMINISTRATION COMMISSION › Title 840 CMR 6.00 - Standard Rules For Disclosure Of Information › Section 6.03 - Privacy Standards

Current through Register 1525, July 5, 2024
(1) 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.
(2) In
			 determining whether personal information other than that contained in a
			 personnel or medical file is a public record, a retirement board shall balance
			 the seriousness of any invasion of privacy which release of the record may
			 cause against the public's right to know about the contents of the record, and
			 shall consider whether the public interest in obtaining the information
			 substantially outweighs the seriousness of any potential invasion of
			 privacy.
(3) In general, the
			 determination whether release of materials or data may constitute an
			 unwarranted invasion of personal privacy must be made on a case by case basis.
			 However, the board shall not release records containing intimate details of a
			 highly personal nature, such as information related to alcohol or drug
			 problems, mental health problems, or the like, without the written consent of
			 the data subject or an order of a court of competent jurisdiction.
(4) 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.
Code of Massachusetts Regulations › 840 CMR - PUBLIC EMPLOYEE RETIREMENT ADMINISTRATION COMMISSION › Title 840 CMR 6.00 - Standard Rules For Disclosure Of Information › Section 6.04 - Custodian; Designation; Duties and Responsibilities; Fees

Current through Register 1525, July 5, 2024
(1)
Designation
.
			 Each retirement board shall designate a person to serve as Custodian of all
			 records which the retirement board holds.
(2)
Duties and
			 Responsibilities
. 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) insure that the number of duplicate
			 retirement files is maintained at an absolute minimum and that any such
			 duplicate files are maintained consistent with the requirements of
			 840 CMR 6.00;
(e) develop and implement a plan for the
			 expungement of obsolete records with approval, where applicable, of the Records
			 Conservation Board established by M.G.L. c. 30, § 42, and the Supervisor
			 of Public Records pursuant to M.G.L. c. 66, § 8;
(f) maintain to the maximum extent feasible a
			 complete and accurate record, which shall be deemed part of the data to which
			 it relates for all purposes under
			 840 CMR 6.00, 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, except that no record
			 need be maintained of any such access to or use by members or staff of the
			 retirement board, medical panel members, or representatives of the Public
			 Employee Retirement Administration Commission;
(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;
(h)
			 assess and collect fees as provided in 840 CMR 6.04(3);
(i) receive objections as provided in
			 840 CMR
			 6.14;
(j) answer questions; and
(k) make available on request copies of
			 M.G.L. c. 4, § 7(26), M.G.L. c. 66, § 10 (the Massachusetts Freedom
			 of Information Act), applicable provisions of M.G.L. c. 66A (the Massachusetts
			 Fair Information Practices Act), and 801 CMR 2.00 and
			 3.00, applicable provisions of
			 M.G.L. c. 30A, §§ 11A and 11A½ (the Open Meeting Law governing
			 state agencies), M.G.L. c. 34, §§ 9F and 9G (the Open Meeting Law
			 governing county agencies), and M.G.L. c. 39, §§ 23A and 23B (the
			 Open Meeting Law governing municipal agencies) and
			 840 CMR 6.00.
Code of Massachusetts Regulations › 840 CMR - PUBLIC EMPLOYEE RETIREMENT ADMINISTRATION COMMISSION › Title 840 CMR 6.00 - Standard Rules For Disclosure Of Information › Section 6.05 - Notice and Report to the Public Employee Retirement Administration Commission

Current through Register 1525, July 5, 2024
The retirement board shall upon any establishment, termination,
				or change in character of a retirement file system submit a report to the
				Public Employee Retirement Administration Commission regarding the retirement
				file system it operates. Such report shall include, but not necessarily be
				limited to the following information:
(1) The name of the system and the name and
			 address of the Retirement Board;
(2) The nature and purpose of the
			 system;
(3) The identification of
			 the types, categories, uses and sources of data held in the system;
(4) The approximate number of individuals
			 about whom data are held in the system;
(5) Whether and to what extent the data are
			 held in computerized form;
(6) A
			 description of each person and organization having access to the
			 system;
(7) A description of the
			 policies and practices of the board with regard to data maintenance, retention,
			 and disposal;
(8) A description of
			 the manner in which any individual, who believes that data about him are held
			 in the system, may have a search made, and, if such data are so held, may
			 inspect, copy, and object to it as provided in
			 840 CMR 6.00;
(9) A description of other actions taken to
			 comply with
			 840 CMR 6.00; and
(10) A statement that this report is
			 available to the public upon request.
Code of Massachusetts Regulations › 840 CMR - PUBLIC EMPLOYEE RETIREMENT ADMINISTRATION COMMISSION › Title 840 CMR 6.00 - Standard Rules For Disclosure Of Information › Section 6.06 - Access to Personal Data in Retirement Files by the Public Employee Retirement Administration Commission, Retirement Boards, Medical Panel Physicians and the Office of the Attorney General

Current through Register 1525, July 5, 2024
(1) The Commission, staff and representatives
			 of the Public Employee Retirement Administration Commission, members and staff
			 of the retirement board, and medical panel physicians shall have access to
			 personal data in retirement files to the extent that their duties require such
			 access.
(2) Whenever a data subject
			 files or threatens to file a complaint against the Commonwealth, including
			 executive offices, agencies, or departments, or against any employee or officer
			 of the Commonwealth, concerning a matter within the scope of the office or
			 employment with the Commonwealth, any personal data concerning the data subject
			 that is in the possession of the retirement board or the Public Employee
			 Retirement Administration Commission that is relevant to the determination of
			 the issues in dispute shall be provided to the Office of the Attorney General
			 upon request. Such requests must be in writing and contain a clear description
			 of the data sought, the reason for the request and the intended use of the
			 data. In supplying such data, the retirement board or the Commission must
			 redact any data concerning non-parties. Any personal data indicating a
			 violation of law may be referred to the Office of the Attorney General for
			 investigation and enforcement. Any assistant attorney general may further
			 disclose the personal data to the extent deemed necessary to defend the
			 Commonwealth, officer or employee effectively against the data subject's claim.
			 No data may be released where prohibited by statute.
Code of Massachusetts Regulations › 840 CMR - PUBLIC EMPLOYEE RETIREMENT ADMINISTRATION COMMISSION › Title 840 CMR 6.00 - Standard Rules For Disclosure Of Information › Section 6.07 - Access to Personal Data in Retirement Files by Members

Current through Register 1525, July 5, 2024
(1)
Request for Notification of
			 Holding
. The Custodian, upon request of a member or his or her
			 authorized representative, shall inform the member in writing, within 20 days
			 of receipt of a request, whether the retirement board holds, or has held within
			 the previous 24 months, any personal data concerning the member.
(2)
Access to Personal
			 Data
. A member or his or her authorized representative shall be
			 granted access to all personal data in the member's retirement file except
			 where prohibited by law or judicial order and except as provided in 840 CMR
			 6.07(3). In making any disclosure of personal data to a member pursuant to 840
			 CMR 6.07, the Custodian may remove personal identifiers relating to a third
			 person, except where such third person is an officer or employee of government
			 acting as such and the member is not. The Custodian shall not rely on any
			 exception contained in M.G.L. c. 4, § 7(26) to withhold from a member
			 personal data otherwise accessible to him or her under
			 840 CMR 6.00.
(3)
Investigative
			 Data
. Except as specifically authorized by the Custodian with the
			 approval of the retirement board, a member or his or her authorized
			 representative shall not be granted access to any information in the member's
			 retirement file which is currently the subject of an investigation and the
			 disclosure of which would probably so prejudice the possibility of effective
			 law enforcement that such disclosure would not be in the public interest. Such
			 information may be withheld for the time it takes the investigatory agency to
			 complete its investigation and commence an administrative or judicial
			 proceeding on its basis. 840 CMR 6.07(3) shall not affect any rights to access
			 the member may have under administrative or judicial discovery
			 procedures.
(4)
Notification of Denial of Access
. If access to
			 personal data is denied, the Custodian shall notify the member in writing of
			 such denial, shall state the reasons for such denial, and shall describe the
			 right to appeal provided in
			 840 CMR
			 6.14(2).
Code of Massachusetts Regulations › 840 CMR - PUBLIC EMPLOYEE RETIREMENT ADMINISTRATION COMMISSION › Title 840 CMR 6.00 - Standard Rules For Disclosure Of Information › Section 6.08 - Access to Retirement Files by Employers

Current through Register 1525, July 5, 2024
(1) An employer may be granted access to
			 personal data in a member's retirement file bearing on the member's present,
			 former or prospective employment by the employer.
(2) An employer desiring such access shall
			 make a request on the appropriate form stipulating that the employer shall not
			 disseminate any personal data received except as permitted by M.G.L. c. 66A,
			 where applicable, or
			 840 CMR 6.00.
(3) If access to personal data is denied, the
			 Custodian shall notify the employer in writing of such denial, the reasons
			 therefor, and the right to appeal as provided in
			 840 CMR
			 6.14(2).
Code of Massachusetts Regulations › 840 CMR - PUBLIC EMPLOYEE RETIREMENT ADMINISTRATION COMMISSION › Title 840 CMR 6.00 - Standard Rules For Disclosure Of Information › Section 6.09 - Access to Retirement Files by Legal Process

Current through Register 1525, July 5, 2024
Unless otherwise prohibited by law or judicial order, upon
				receipt of a subpoena duces tecum, or other order of a court or administrative
				agency of competent jurisdiction directing the retirement board to produce
				personal data in a member's retirement file, the Custodian shall notify the
				member of the demand no later than the next business day following the day on
				which the subpoena or other document is served and shall not produce any
				records in response to the demand unless the member has been notified in
				reasonable time to seek to have the process quashed. If the member is properly
				notified and if the process is not quashed, the Custodian shall produce a copy
				of the requested records as ordered by the Court or agency, and shall advise
				the Court or agency of the requirements of
				840 CMR
				6.00.
Code of Massachusetts Regulations › 840 CMR - PUBLIC EMPLOYEE RETIREMENT ADMINISTRATION COMMISSION › Title 840 CMR 6.00 - Standard Rules For Disclosure Of Information › Section 6.10 - Access to Personal Data in Retirement Files by the General Public

Current through Register 1525, July 5, 2024
(1) Any person may request access to public
			 records in a member's retirement file pursuant to the procedures provided in
			 840
			 CMR 6.11 and M.G.L. c. 66, §
			 10.
(2) If the custodian determines
			 that data requested are not a public record, he or she shall deny access unless
			 such dissemination of the record is:
(a)
			 authorized by a statute or regulation consistent with the purposes of M.G.L. c.
			 66A or
			 840 CMR 6.00;
(b) requested by an employer consenting to
			 observe the provisions of M.G.L. c. 66A applicable to holders of personal data
			 as provided in
			 840 CMR
			 6.08;
(c) approved in writing by the member, and
			 the member has a right to access to the requested records by law or
			 840 CMR 6.00; or
(d) requested by a physician treating a data
			 subject during a medical or psychiatric emergency which precludes the data
			 subject from approving disclosure; provided that notice of disclosure shall be
			 given to the data subject upon termination of the emergency.
Code of Massachusetts Regulations › 840 CMR - PUBLIC EMPLOYEE RETIREMENT ADMINISTRATION COMMISSION › Title 840 CMR 6.00 - Standard Rules For Disclosure Of Information › Section 6.11 - Access to Public Records; Promptness of Access; Requests for Public Records

Current through Register 1525, July 5, 2024
(1)
Access to Public
			 Records
. The Custodian shall, at reasonable times and without
			 unreasonable delay, permit any public record under his or her custody to be
			 inspected and examined by any person, under such supervision as may be
			 appropriate, and shall furnish one copy thereof upon payment of a reasonable
			 fee as set forth in
			 840 CMR
			 6.04(3). The Custodian shall
			 also permit any person to search the public records of the retirement board in
			 a reasonable manner that does not interfere with the normal functions of the
			 board.
(2)
Promptness
			 of Access
. The Custodian shall establish and maintain routine
			 procedures for prompt production of public records to persons requesting them.
			 The Custodian shall respond to every request for a public record within ten
			 days and, if the request is granted, produce copies of the public records
			 requested. If the request is denied, the Custodian shall inform the person
			 requesting the record of the reasons for such denial in writing and the right
			 to appeal provided in
			 840 CMR
			 6.14, M.G.L. c. 66, § 10(b), and
			 950 CMR
			 32.04.
(3)
Request for Public
			 Records
. A person may request records either orally or in writing.
			 A retirement board shall require a written request for records only when there
			 is a substantial doubt as to whether the record requested is a public record,
			 and shall not require such a written request merely to delay production. The
			 Custodian shall provide forms for requesting records but any written request is
			 sufficient as long as the record is adequately described therein. Any person
			 seeking access to a public record shall provide a reasonable description that
			 enables the Custodian to identify and locate the record promptly. Superior
			 knowledge of the contents of retirement board files on the part of the
			 Custodian shall be used to facilitate rather than hinder compliance with
			 requests for public records.
Code of Massachusetts Regulations › 840 CMR - PUBLIC EMPLOYEE RETIREMENT ADMINISTRATION COMMISSION › Title 840 CMR 6.00 - Standard Rules For Disclosure Of Information › Section 6.12 - Records of Retirement Board Meeting

Current through Register 1525, July 5, 2024
(1)
			 The minutes and other records of each retirement board meeting shall be a
			 public record and shall be available upon request as provided herein; provided,
			 however, that the records of any executive session may remain secret as long as
			 disclosure may defeat the lawful purposes for which the session was closed, but
			 no longer.
(2) The retirement board
			 shall periodically review its records of executive sessions to determine
			 whether such records must remain secret. When the retirement board decides that
			 a previously secret executive session record or portion thereof need no longer
			 remain secret, it shall note such decision in the minutes of the retirement
			 board meeting at which such decision is made.
Code of Massachusetts Regulations › 840 CMR - PUBLIC EMPLOYEE RETIREMENT ADMINISTRATION COMMISSION › Title 840 CMR 6.00 - Standard Rules For Disclosure Of Information › Section 6.13 - Advisory Opinions

Current through Register 1525, July 5, 2024
Supervisor of Public Records
. The
				Custodian or retirement board may seek an advisory opinion from the Supervisor
				of Public Records with respect to any question concerning the application of
				M.G.L. c. 4, § 7(26) or of M.G.L. c. 66, by sending a written request to
				the Supervisor of Public Records, Office of the State Secretary, One Ashburton
				Place, Room 1701, Boston, MA 02108, as provided in
				950 CMR
				32.03.
Code of Massachusetts Regulations › 840 CMR - PUBLIC EMPLOYEE RETIREMENT ADMINISTRATION COMMISSION › Title 840 CMR 6.00 - Standard Rules For Disclosure Of Information › Section 6.14 - Objections and Administrative Appeals

Current through Register 1525, July 5, 2024
(1)
Objection to Custodian
. Any member or his or her
			 authorized representative who objects to the collection, maintenance,
			 dissemination, use, accuracy, completeness, type of, or denial of access to,
			 personal data in his or her retirement file, may file an objection thereto with
			 the Custodian. Upon receipt of such objection, the Custodian shall investigate
			 the validity of the objection. If, after the investigation, the objection is
			 found to be meritorious, the Custodian shall correct the contents of the data
			 or the methods for holding or the use of such data. If the objection is found
			 to lack merit, the Custodian shall provide the member the opportunity to have a
			 statement reflecting his or her views recorded and disseminated with the data
			 in question. In either event, the Custodian shall notify the member in writing
			 of his or her decision within 30 days following receipt of the
			 objection.
(2)
Appeals
			 to the Supervisor of Public Records
. In the event any Custodian
			 denies access to a record claimed to be a public record, the person making the
			 request may appeal the matter to the Supervisor of Public Records as provided
			 by M.G.L. c. 66, § 10(b) and
			 950 CMR
			 32.04.
(3)
Judicial Relief
.
			 The administrative remedies provided in 840 CMR 6.14 shall not limit
			 administrative or judicial remedies provided in M.G.L. c. 66, § 10, M.G.L.
			 c. 214, § 3B, or any other statute or regulation.
Code of Massachusetts Regulations › 840 CMR - PUBLIC EMPLOYEE RETIREMENT ADMINISTRATION COMMISSION › Title 840 CMR 7.00 - Standard Rules for Elections › Section 7.01 - General Provisions

Current through Register 1525, July 5, 2024
(1)
								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, which shall be governed by
			 the provisions of M.G.L. c. 32, § 20(1), the Teachers' Retirement System,
			 which shall be governed by the provisions of M.G.L. c. 32 § 20(2), county
			 retirement systems, which shall be governed by the provisions of M.G.L. c. 32,
			 §§ 20(3)(b) and 20(3)(h), and in regional retirement systems which
			 shall be governed by the provisions of M.G.L. c. 34B, §§ 19 and 19A,
			 and as otherwise provided by PERAC, and by supplementary rules of a particular
			 retirement board approved by PERAC pursuant to
			 840 CMR
			 14.02:
Supplementary Rules
,
			 or by statute,
			 840
			 CMR 7.00 shall govern all elections of elected board
			 members held under the supervision of a retirement board.
(2) 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. For the purposes of
			 840
			 CMR 7.00, the following terms shall have the following
			 meaning:
Member in Service
shall mean any
				member who is regularly employed in the performance of his or her
				duties;
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;
Retiree
shall mean any member in
				service who has been retired and who is receiving a retirement
				allowance.
(3) 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.
(4) If otherwise eligible
			 and allowed by law, board staff may be elected to a board other than the board
			 for which he or she is employed.
Code of Massachusetts Regulations › 840 CMR - PUBLIC EMPLOYEE RETIREMENT ADMINISTRATION COMMISSION › Title 840 CMR 7.00 - Standard Rules for Elections › Section 7.02 - Election Officer; Appeals to Board

Current through Register 1525, July 5, 2024
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. The board may
				promulgate supplementary rules governing the election which shall take effect
				as approved by the Commission pursuant to
				840 CMR
				14.02:
Supplementary
				Rules
.
Code of Massachusetts Regulations › 840 CMR - PUBLIC EMPLOYEE RETIREMENT ADMINISTRATION COMMISSION › Title 840 CMR 7.00 - Standard Rules for Elections › Section 7.03 - Notice of Elections

Current through Register 1525, July 5, 2024
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 including, if the election is conducted at a polling
				place, procedures for voting by absentee ballot. If the retirement board does
				not provide notice of the election within 90 days prior to the date of
				election, that retirement board must send a written request for an exception to
				PERAC with a compelling reason for such exception.
(1) Notice shall be mailed to each active,
			 inactive and retired member of the appropriate system; or
(2) Notice shall be mailed to each retired
			 member and the last known address of each inactive member of the appropriate
			 system and, for all members, shall be posted in at least three appropriate
			 public locations:
(a) within the jurisdiction
			 of the system; or
(b) where a
			 system includes more than one governmental unit, within the jurisdiction of
			 each governmental unit.