reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 805 CMR - GROUP INSURANCE COMMISSION › Title 805 CMR 9.00 - ELIGIBILITY AND PARTICIPATION › Section 9.21 - Additional Life Insurance

Current through Register 1525, July 5, 2024
(1) All eligible
			 Employees enrolled in Basic Life Insurance may apply for Additional Life
			 Insurance consisting of group term life insurance and accidental death and
			 dismemberment insurance. New Employees who enroll when first eligible are
			 eligible for Additional Life Insurance in an amount up to eight times their
			 salary without providing medical evidence of insurability.
(2) Evidence of insurability shall be
			 required when an Employee:
(a) applies for
			 initial coverage after the deadline for applying has passed, unless certain
			 life events occur that qualify under the policy for coverage without providing
			 such evidence; or
(b) seeks to
			 increase the amount of his or her Additional Life Insurance; or
(c) seeks to be reinstated after losing
			 coverage for failing to pay the required premium.
Code of Massachusetts Regulations › 805 CMR - GROUP INSURANCE COMMISSION › Title 805 CMR 9.00 - ELIGIBILITY AND PARTICIPATION › Section 9.22 - Dental and Vision Benefits

Current through Register 1525, July 5, 2024
The Commission and the vendor(s) providing Dental and Vision
				benefits shall determine the conditions for participation, the amount of
				benefits and their duration, premium rates and all effective dates of
				coverage.
Certain State Employees who are not covered by collective
				bargaining are eligible for Dental and Vision benefits that are offered
				primarily to managers, legislators, legislative staff, and certain Executive
				Office staff. All Employees of higher education, and authorities other than the
				Massachusetts Bay Transportation Authority are ineligible for Commission Dental
				and Vision coverage. Certain Massachusetts Bay Transportation Authority
				employees who are not covered by collective bargaining are eligible for
				Commission Dental and Vision coverage, as are certain confidential Employees.
				Employees may only change plans during Annual Enrollment, even if their dentist
				leaves the plan.
Code of Massachusetts Regulations › 805 CMR - GROUP INSURANCE COMMISSION › Title 805 CMR 9.00 - ELIGIBILITY AND PARTICIPATION › Section 9.23 - Pre-tax Options for Commission Benefits

Current through Register 1525, July 5, 2024
Employees' share of basic life and health insurance premiums
				will be deducted from their paychecks on a pre-tax basis. Employees may change
				the tax status of their premium deductions during Annual Enrollment or upon a
				qualifying event.
(1)
Health Care Spending Account Program
. Active State
			 Employees who work at least 18.75 hours in a 37.5-hour work week or 20 hours in
			 a 40-hour work week and are eligible for Health Coverage may arrange to pay for
			 their out-of-pocket health care expenses on a pre-tax basis through the
			 Commission's Health Care Spending Account program. Participating Employees pay
			 a specified sum based on their elected amount as determined by the Commission
			 by payroll deduction for non-covered health-related expenses. The Commission
			 and the vendor(s) administering pre-tax options for Commission Employees
			 establish the procedures, terms, and conditions consistent with Internal
			 Revenue Code rules. Such rules require that any unused funds in a participant's
			 account at the plan's year end be forfeited. Participants must reenroll each
			 year during open enrollment.
(2)
Dependent Care Assistance Program
. Active State
			 Employees who work at least 18.75 hours in a 37.5-hour work week or 20 hours in
			 a 40-hour work week and are eligible for Health Coverage who have
			 employment-related dependent care expenses for a dependent child who is younger
			 than 13 years old when care was provided and for whom a tax exemption can be
			 claimed, a spouse who was physically or mentally unable to care for themselves
			 and lived with you for more than half the year, a dependent who was physically
			 or mentally unable to care for themselves and for who an exemption can be
			 claimed, and lived with you for more than half the year may pay for certain
			 dependent care expenses through the Commission's Dependent Care Assistance
			 Program. Participants elect an annual dollar amount to be taken as a payroll
			 deduction, up to a maximum set by the Commission, to pay for qualified child
			 and elder day care, after school programs, and certain day camp dependent care
			 expenses. Participants must reenroll each year during open
			 enrollment.
Code of Massachusetts Regulations › 805 CMR - GROUP INSURANCE COMMISSION › Title 805 CMR 9.00 - ELIGIBILITY AND PARTICIPATION › Section 9.25 - Appeals

Current through Register 1525, July 5, 2024
(1)
			 In order to achieve compliance with requirements of federal law including, but
			 not limited to, 42 U.S.C.
			 §
									300gg-19 the Commission delegates
			 external appeals procedures to the Commission's self-insured plan
			 administrators. Any person who is aggrieved by a final decision of one of the
			 Commission's self-insured plan administrators about benefits, may appeal in
			 writing to the plan administrator.
(2) Notwithstanding
			 805
			 CMR 9.25(1), eligibility
			 decisions by the Commission are final and not subject to appeal procedures
			 under
			 805
			 CMR 9.25.
Code of Massachusetts Regulations › 805 CMR - GROUP INSURANCE COMMISSION › Title 805 CMR 9.00 - ELIGIBILITY AND PARTICIPATION › Section 9.26 - Health Insurance Buy-out Option

Current through Register 1525, July 5, 2024
Insured State Employees and Insured State Retirees may buy out
				their Commission health coverage during Annual Enrollment or at a time
				designated by the Commission in the fall if they have other employer sponsored
				non-state health insurance coverage that is comparable to Commission health
				coverage and is verified by documentation acceptable to the Commission.
				Employees must maintain Basic Life Insurance. Eligible Employees and Retirees
				receive 25% of the full-cost monthly premium in
lieu
of health
				insurance benefits for a maximum of one 12-month period starting either July
				1st or January 1st. Full
				cost monthly premium is determined based on the Employee's last Commission
				health plan and coverage type (individual vs. family), and is subject to
				applicable taxes.
Code of Massachusetts Regulations › 805 CMR - GROUP INSURANCE COMMISSION › Title 805 CMR 9.00 - ELIGIBILITY AND PARTICIPATION › Section 9.27 - Long-term Disability Insurance

Current through Register 1525, July 5, 2024
All active full-time and half-time State Employees who work at
				least 18.75 hours in a 37.5-hour work week or 20 hours in a 40-hour work week
				and who are eligible for Basic Life Insurance are eligible for Long-term
				Disability Insurance. The conditions for participation, the amount of benefits
				and their duration, and the premium rates shall be jointly determined by the
				Commission and the Long-term Disability Insurance carrier providing the
				Long-term Disability Insurance plan.
New State Employees may enroll in the Long-term Disability
				program within 31 days of hire without providing acceptable evidence of good
				health and thereafter may enroll in the program at any time by providing
				acceptable proof of good health to the Long-term Disability
				carrier.
Code of Massachusetts Regulations › 805 CMR - GROUP INSURANCE COMMISSION › Title 805 CMR 9.00 - ELIGIBILITY AND PARTICIPATION › Section 9.28 - Abolishment of a Housing, Redevelopment or Other Type of Authority

Current through Register 1525, July 5, 2024
If an agency or authority is abolished and there is no
				mechanism for reimbursement of the employer share of premium to the Commission,
				all Employees insured through the Commission will cease to be eligible for
				Commission benefits.
Code of Massachusetts Regulations › 806 CMR - SECURITY AND PRIVACY COUNCIL › Title 806 CMR 1.00 - Adjudicatory Proceedings › Section 1.01 - Conduct of Hearings

Current through Register 1525, July 5, 2024
(1) When it has been determined under 806 CMR 2.03(2)  a that
prima facie
basis for the complaint exists, the Council shall schedule a hearing and shall inform the complainant and the agency or individual complained against of the hearing and their rights to appear and to be represented by counsel. Pursuant to M.G.L. c. 30A, § 12, the Council (acting through its counsel or the presiding officer) may on its own motion and shall upon request of any party issue subpoenas to require attendance and testimony of witnesses or the production of relevant documents.
(2) The hearing shall be conducted as an adversary proceeding in which each party shall be permitted to make an opening statement, to present motions, to present affirmative witnesses and cross-examine opposing witnesses. The Chair or a member designated by him or her shall be the chief hearing officer and shall preside over such hearings. The chief hearing officer may admit any evidence which is reliable. Decisions of the hearing officer concerning the admissibility of evidence may be overridden by a vote of the hearing panel.
(3) The hearing required to be held under 806 CMR 1.00 may be held before three or more members of the Council rather than the full Council, provided that the Council so approves by majority vote, which vote may be conducted by a telephone polling of the members of the Council. If the hearing is held before less than majority of the Council, a decision shall be made only after:
(a) a tentative or proposed decision is delivered or mailed to the parties containing a statement of reasons and including determinations of each issue of fact or law necessary to the tentative proposed decision; and
(b) an opportunity is afforded each party adversely affected to file objections and to present argument, either orally or in writing as the Council may order, to a majority of the Council. Except as otherwise provided by 806 CMR 1.00 or other regulations which may be adopted by the Council, M.G.L. c. 30A, §§ 11 and 12 shall govern the conduct of such hearings.
Code of Massachusetts Regulations › 806 CMR - SECURITY AND PRIVACY COUNCIL › Title 806 CMR 1.00 - Adjudicatory Proceedings › Section 1.02 - Pre-Hearing Conferences

Current through Register 1525, July 5, 2024
(1) When the Council determines that a
prima facie
basis for a complaint exists, the Council may direct all interested parties, by written notice, to attend one or more pre-hearing conferences for the purpose of attempting to resolve the dispute, formulating the issues in the proceedings and determining any other matters to aid in its disposition. The following are some of the matters which may be considered:
(a) simplification of the issues;
(b) the possibility of obtaining admissions of fact and of documents which will avoid unnecessary proof;
(c) limitation on the number of witnesses;
(d) the procedure at the hearing;
(e) the distribution to the parties prior to the hearing of written testimony and exhibits;
(f) consolidation of the examination of witnesses by counsel; and;
(g) such other matters as may aid in the disposition of the proceedings.
Code of Massachusetts Regulations › 806 CMR - SECURITY AND PRIVACY COUNCIL › Title 806 CMR 1.00 - Adjudicatory Proceedings › Section 1.03 - Decisions of the Council

Current through Register 1525, July 5, 2024
The Council shall issue written findings with in 60 days of receipt by the Council of the request for review. The findings shall include a statement of the reasons for the decision and any recommended adjustments of the contents, maintenance, or dissemination of the complainant's criminal offender record information. A copy of the decision shall be sent to the complainant.
Failure of the Council to issue timely findings shall be deemed a decision of the Council adverse to the complainant.
Code of Massachusetts Regulations › 806 CMR - SECURITY AND PRIVACY COUNCIL › Title 806 CMR 1.00 - Adjudicatory Proceedings › Section 1.04 - Notification to the Board of the Council's Decision

Current through Register 1525, July 5, 2024
The Council shall transmit all findings which up hold complainant's claims that the criminal offender record information is inaccurate, incomplete, misleading, or improperly maintained or disseminated, to the Criminal History Systems Board together with its recommendations for action by the Board.
Code of Massachusetts Regulations › 806 CMR - SECURITY AND PRIVACY COUNCIL › Title 806 CMR 2.00 - Rules Of Procedure › Section 2.01 - Meetings of the Council

Current through Register 1525, July 5, 2024
(1)
Regular Meetings
. The Security and Privacy Council shall hold regular meetings at least once per month provided however, that in July and August meetings shall only be scheduled if necessary for the transaction of important pending business. Regular meetings shall be called by the chairman who shall use his best efforts to distribute an agenda for the meeting to the members at least one week before the meeting and shall properly notify the Secretary of State and the Commissioner of Administration pursuant to M.G.L.c. 30A, §11A½.
(2)
Special Meetings
. Special meetings may be called from time to time by the Governor of the Commonwealth, the Chairman of the Council, or any three members. After such meetings are called, the person or persons calling the meeting shall use his or her best efforts to distribute an agenda for the meeting atleast one week before the meeting if possible, and shall properly not ify the Secretary of State and the Commissioner of Administration pursuant to M.G. L. c. 30A, § 11A½.
(3)
Quorum and Voting
. A majority of the members shall constitute a quorum for the conduct of business, and all action shall be decided by majority vote.
(4)
Election of Chairman
The Chairman of the Council shall be elected by and from among the members of the Council to serve for a term of two years. The Chairman may be re-elected to serve for subsequent terms.
(5)
Duties of the Chairman
. The Chairman shall call regular meetings pursuant to 806 CMR 2.01(1) and may call special meetings pursuant to 806 CMR 2.01(2), shall preside at the meetings, and shall coordinate all activities of the Council. The Chairman shall designate one of the members of the Council to be a Vice-Chairman who shall preside in his absence and he may create such task forces and committees, as the Council shall determine to be necessary, by appointing the chairman and membership of such committees and task forces.
Code of Massachusetts Regulations › 806 CMR - SECURITY AND PRIVACY COUNCIL › Title 806 CMR 2.00 - Rules Of Procedure › Section 2.02 - Activities of the Council

Current through Register 1525, July 5, 2024
(1)
Continuing Study of Privacy Issues; Inquiries and Investigations
. The Council shall conduct a continuing study of all relevant issues of individual privacy and system security concerning the criminal justice systems of the Commonwealth of Massachusetts.
The Council may inquire into or investigate all relevant questions concerning individual privacy or system security which will assist it to carry out its statutory functions and may conduct such public hearings as maybe relevant to assist its inquiries or investigations. Where such information is necessary to assist the Council, it may authorize its Chairman or others on its behalf to seek statistical data, reports, or other information from the Criminal History Systems Board, criminal justice agencies in the Commonwealth, and all state and local agencies having access to criminal justice information.
(2)
Recommendations to the Criminal History Systems Board and the Criminal History System Advisory Council
. The Council shall from time to time make recommendations to the Criminal History Systems Board or to the Criminal History System Advisory Committee concerning ways to improve methods for protecting personal privacy and insuring system security. Such recommendations may be in the form of written or oral advice presented to regular meetings of said Board or said Committee, at public hearings conducted by said bodies, or at such other forums as are proper for the transmittal of such recommendations.
(3)
Recommendations Concerning Access to the Criminal History System
. The Council shall consider all applications for access to Criminal Offender Record Information and shall assign a representative to attend meetings of the Criminal History Systems Board when such applications are considered by the Board to present the Council's recommendations concerning such applications.
(4)
Annual Report
. The Council shall prepare an annual report to the Governor, which may include legislative recommendations, and shall file a copy of said report with the State Secretary, the Clerk of the House of Representatives and the Clerk of the Senate.
(5)
Appointment of Members to Serve on Interstate Systems
. The Council shall appoint one or more of its members to serve upon any similar organization which is involved with the exchange of criminal offender record information across state lines. Such appointees may participate in the activities of such system in such manner as they determine to be appropriate.
Code of Massachusetts Regulations › 806 CMR - SECURITY AND PRIVACY COUNCIL › Title 806 CMR 2.00 - Rules Of Procedure › Section 2.03 - Consideration of Individual Complaints Concerning Allegedly Inaccurate, Incomplete, or Improperly Disseminated Criminal Offender Record Information

Current through Register 1525, July 5, 2024
(1)
Public Education Program
. The Council shall from time to time conduct a program of public education to inform the citizens of the Commonwealth concerning their rights to bring complaints concerning their criminal histories pursuant to M.G.L. c. 6, § 175. Said program may take such form as the Council may determine.
(2)
Review of Complaints and Determination of Prima Facie Basis
. Whenever an individual brings a complaint to the attention of the Council, the Council shall review said complaint to determine whether
a prima facie
basis for the complaint has been established. Such determination shall be made by majority vote of the Council, which may be conducted by telephone polling of the members of the Council. In making this determination the results of any investigation conducted pursuant to 806 CMR 2.03(4) may be considered. If the Council determines that there is
no prima facie
basis for the complaint, the Council shall notify the complainant, in writing, of said determination and of his or her rights of appeal to the superior court for a
de novo
hearing under M.G.L. c. 6, § 176.
(3)
Prima Facie Basis: Defined
. A
prima facie
basis for complaint shall exist where:
(a) the complaint asserts a violation of M.G.L. c. 6 §§ 167 through 178 or the regulations promulgated thereunder upon which relief may be granted and
(b) it is not clear from common experience or shown by clear and convincing evidence obtained from a preliminary investigation that an essential allegation of the complaint is untrue.
Code of Massachusetts Regulations › 806 CMR - SECURITY AND PRIVACY COUNCIL › Title 806 CMR 2.00 - Rules Of Procedure › Section 2.04 - Adoption and Amendment

Current through Register 1525, July 5, 2024
(1)
Adoption
. These rules of procedure shall be effective upon their acceptance by the Council and shall remain in effect until repealed. With the exception of 806 CMR 2.03(3)  which is adopted after compliance with M.G.L. c. 30A, § 2, they are adopted as regulations concerning only the internal management of the Council and are therefore not subject to M.G.L. c. 30A, § 2. See M.G.L. c. 6, § 170, as amended by St. 1973, c. 961, and MG.L. c. 30A, § 1(5)(b).
(2)
Amendment
. These rules of procedure may be amended at any meeting of the Council by a vote of the Council as stipulated in 806 CMR 2.01(3), provided that the suggested amendments are distributed to the members of the Council at least one week before such a vote is taken.
Code of Massachusetts Regulations › 806 CMR - SECURITY AND PRIVACY COUNCIL › Title 806 CMR 4.00 - Certification For Access To Criminal Offender Record Information (cori) › Section 4.01 - Authority and Scope

Current through Register 1525, July 5, 2024
(1)
								806 CMR 4.00 is promulgated pursuant to M.G.L. c. 6, §§ 168 and 171 for the purpose of implementing M.G.L.c. 6, §§ 172(c).
(2)
								806 CMR 4.00 shall govern the procedures under which the Board and Council shall determine pursuant to M.G.L.c. 6, §§ 172(c):
(a) whether agencies and/or individuals shall be certified for access to CORI;
(b) the extent to which any agencies and/or individuals shall have access to CORI, if certification under 806 CMR 4.01(2)(a) is granted.
Code of Massachusetts Regulations › 806 CMR - SECURITY AND PRIVACY COUNCIL › Title 806 CMR 4.00 - Certification For Access To Criminal Offender Record Information (cori) › Section 4.02 - Initiation of Certification Determination Procedures Under M.G.L. c. 6, Section 172(c) and 806 CMR

Current through Register 1525, July 5, 2024
Procedures for determining whether an individual or agency, or a categorythereofmayhave access to CORI under M.G.L. c. 6, §§ 172(c) and 806 CMR 4.00 shall be initiated by either or both of the following:
(1) Request for access by a particular agency or individual, or groups thereof.
(a) Any agency or individual, or groups thereof may be considered for access to CORI under M.G.L. c. 6, §§ 172(c) if it submits a written request for such access to the Board or Council.
(b) Such a written request for access shall include a complete explanation of why the public interest in disseminating CORI to the requesting party clearly outweighs any applicable interest in security and privacy. The requesting party shall also specify in writing the extent of access it seeks.
(c) The Board and Council may expand or narrow any request for access by mutual agreement.
Code of Massachusetts Regulations › 806 CMR - SECURITY AND PRIVACY COUNCIL › Title 806 CMR 4.00 - Certification For Access To Criminal Offender Record Information (cori) › Section 4.03 - Joint Subcommittee of the Board and Council to Screen all Applications for CORI Access under M.G.L. c. 6, Section 172(c)

Current through Register 1525, July 5, 2024
(1) There shall be a sub-committee of the Board and Council The sub-committee shall be composed of at least two members of each agency appointed by their respective chairs. The members or their designees may participate in the actions of the sub-committee.
(2) This Joint Subcommittee shall meet for the purpose of discussing and making recommendations on all pending applications for access to CORI under M.G.L. c. 6, §§ 172(c).
(a) The Joint Subcommittee shall submit a written recommendation, or recommendations if there are differing opinions among the committee members, to the Board and Council at least seven calendar days prior to the earliest meeting of either agency and no later than one month after a proposal for access has been submitted to it.
(b) All recommendations from the Subcommittee or its members shall be in writing and specify:
1. The individuals or agencies which should or should not receive CORI and a statement or list of reasons supporting this recommendation;
2. The extent of access to CORI which should be given to any individuals or agencies specified to receive CORI in 806 CMR 4.03(2)(a) and a statement of reasons supporting this recommendation;
3. Reasons supporting any recommendation should address the statutory balancing standard and specify why or why not the public interest in a proposed dissemination clearly outweighs the interest in security and privacy.
Code of Massachusetts Regulations › 806 CMR - SECURITY AND PRIVACY COUNCIL › Title 806 CMR 4.00 - Certification For Access To Criminal Offender Record Information (cori) › Section 4.04 - Procedure for Final Certification at Meetings of the Board and Council

Current through Register 1525, July 5, 2024
(1) The Council shall meet prior to the Board for the purpose of considering each M.G.L. c. 6, §§ 172(c) certification application.
(a) The Council shall resolve which agencies or individuals should or should not receive access to CORI, and state the reasons for its inclusion or exclusion of any party.
(b) The Council shall also recommend the extent to which access to CORI should be granted to any parties it resolves should have access.
(c) All Council actions on these matters should be transmitted to the Board as soon as practicable, but no later than one month after it has received the written recommendation of the Subcommittee.
Code of Massachusetts Regulations › 806 CMR - SECURITY AND PRIVACY COUNCIL › Title 806 CMR 4.00 - Certification For Access To Criminal Offender Record Information (cori) › Section 4.05 - Emergency Suspension of 806 CMR 4.00

Current through Register 1525, July 5, 2024
(1) Notwithstanding 806 CMR 4.00, the Board or the Council may certify any individual or agency for access to CORI if an emergency is found to exist by two thirds of the Board or Council present and voting. For the purpose of 806 CMR 4.00 "emergency" means a situation in which failure to act would create:
(a) a substantial possibility of danger to life, health or safety; or
(b) a clear likelihood of an irreparable injury to a legitimate interest protected by law.
Code of Massachusetts Regulations › 807 CMR - TEACHERS' RETIREMENT BOARD › Title 807 CMR 2.00 - Rules Of Election › Section 2.01 - Purpose of Standard Rules

Current through Register 1525, July 5, 2024
807 CMR
				2.00 governs the election of the two elected members
				of the Massachusetts Teachers' Retirement Board. The purpose of
				807 CMR
				2.00 is to establish the procedure by which members of
				the Massachusetts Teachers' Retirement System shall elect two members in
				accordance with the provisions of M.G.L. c. 15, § 16 and shall be
				supplemental to those rules governing the election of retirement board members
				as promulgated by the Public Employee Retirement Administration Commission and
				set out in
				840 CMR
				7.00:
Standard Rules for
				Elections
.
Code of Massachusetts Regulations › 807 CMR - TEACHERS' RETIREMENT BOARD › Title 807 CMR 2.00 - Rules Of Election › Section 2.02 - Notice of Election and Eligibility

Current through Register 1525, July 5, 2024
(1) On or before
			 August 1st of an election year, which shall occur
			 every four years, the Massachusetts Teachers' Retirement Board will notify
			 active and retired members of their eligibility to run for the elected member
			 seats
via
publication of the notice of the upcoming election
			 on the MTRS's website, and, as available,
via
other electronic
			 and traditional means, including broadcast e-mails directly to employers,
			 members and constituent groups; and, newsletters. The notice shall specify how,
			 where, and when nomination papers can be obtained. Each retired member will
			 receive a notice of election, on or before August
			 1st of an election year by email if available or by
			 mailing such notice to the most current address on file.
(2) Members in service (as defined in M.G.L.
			 c. 32, § 3) as of August 1st of an election
			 year or members retired from service shall be eligible for nomination as a
			 candidate to fill either of the two elected positions on the Board upon
			 submission of nomination papers as provided by the Board, containing the valid
			 signatures of at least 100 active or retired members.
(3) All nominees who have qualified as
			 candidates for election will be notified of the same and will be invited to
			 submit a brief biographical sketch of 100 words or fewer to be distributed to
			 eligible voters as part of the election information packet. The Board shall
			 establish a deadline for the submission of each nominee's biographical sketch.
			 Any biographical sketch received after the deadline and any portion of a
			 biographical sketch which exceeds 100 words will not be distributed.
Code of Massachusetts Regulations › 807 CMR - TEACHERS' RETIREMENT BOARD › Title 807 CMR 2.00 - Rules Of Election › Section 2.03 - Nomination Papers

Current through Register 1525, July 5, 2024
(1) Nomination
			 papers will be available as of August 1st of an
			 election year, and will be forwarded to members upon request together with a
			 copy of the Rules of Election.
(2)
			 The candidate must submit nomination papers containing the valid signatures,
			 and required identifying information specified on the form, of at least 100
			 active or retired members. Nomination papers must be received at the Board's
			 Main Office on or before October 15th of an election
			 year. In the event that October 15th falls on a
			 Saturday or Sunday, nomination papers must be received on or before 5:00 P.M.
			 of the next business day.
(3)
			 Members in service and members retired from service may sign nomination papers.
			 Members may sign more than one set of nomination papers.
(4) The Election Officer will validate
			 nomination papers. In order for a signature to be valid, the MTRS staff must be
			 able to read the signature and verify from MTRS records that the signatory is
			 an active or retired member. MTRS staff will validate signatures submitted
			 earlier than the October 15th deadline as time and
			 resources allow to permit supplementation or correction; however, signatures
			 submitted later than five business days before October
			 15th will not be validated until after the October
			 15th deadline. If the Election Officer determines
			 that a candidate has filed nomination papers containing fewer than 100
			 qualified signatures, the Election Officer shall declare the nomination papers
			 invalid and shall notify the candidate of his decision in writing.
Code of Massachusetts Regulations › 807 CMR - TEACHERS' RETIREMENT BOARD › Title 807 CMR 2.00 - Rules Of Election › Section 2.04 - Printing Ballots

Current through Register 1525, July 5, 2024
(1) The Election
			 Officer shall print an Official Ballot containing only the proper names of the
			 candidates in an order determined by random drawing, and their respective
			 school districts or their last employer school district. If an incumbent
			 elected member is nominated, he or she shall be identified as an incumbent on
			 the official ballot.
(2) The
			 Election Officer shall determine the actual format of the Official Ballot. For
			 the purpose of ensuring that only one ballot may be submitted by each eligible
			 voter, each election packet shall include a unique ballot identifier or PIN
			 that allows for validation of the voter's eligibility while maintaining the
			 voter's anonymity. The Election Officer or his or her designee will create and
			 maintain the key to the unique identifier or PIN, and will not share the key
			 with the Board or any of its employees.
Code of Massachusetts Regulations › 807 CMR - TEACHERS' RETIREMENT BOARD › Title 807 CMR 2.00 - Rules Of Election › Section 2.05 - Distribution of Ballots

Current through Register 1525, July 5, 2024
(1) The Election
			 Officer shall print an election information packet which will contain voting
			 instructions and biographical sketches of each candidate as provided by
			 807
			 CMR 2.02(3).
(2) On or before November
			 10th, the Massachusetts Teachers' Retirement Board
			 will mail the Official Ballot, together with the election information packet,
			 to the most current, known valid home address of every member in service and
			 member retired from service as of September
			 30th.
(3) Votes must be either:
(a) received at the designated mailing
			 address at or before 5:00 P.M.; or
(b) electronically submitted before midnight,
			 on December 10th of the election year.
In the event that December 10th
				falls on a Saturday or Sunday, the votes must be received or submitted on or
				before the same times of the next business day.
Code of Massachusetts Regulations › 807 CMR - TEACHERS' RETIREMENT BOARD › Title 807 CMR 2.00 - Rules Of Election › Section 2.06 - Verification of Votes

Current through Register 1525, July 5, 2024
(1) The Election
			 Officer shall verify votes against the official records of the Massachusetts
			 Teachers' Retirement System and disqualify votes cast by ineligible
			 persons.
(2) In addition, the
			 Election Officer will disqualify:
(a) votes of
			 members who have voted more than once;
(b) votes that are received after the
			 deadline;
(c) votes that contain
			 identifying data of the voter;
(d)
			 votes for more than two candidates;
(e) votes that are illegible such that, in
			 the opinion of the Election Officer, the voter's choice of candidates is
			 ambiguous.
The Election Officer shall retain all votes or data relating to
				all votes for 60 days after certification of the results.
Code of Massachusetts Regulations › 807 CMR - TEACHERS' RETIREMENT BOARD › Title 807 CMR 2.00 - Rules Of Election › Section 2.07 - Tabulation of Votes

Current through Register 1525, July 5, 2024
(1) The Election
			 Officer, with the approval of the Board, shall set the date when the Official
			 Tabulation of votes shall be received and opened at the MTRS office.
(2) The total of votes received for each
			 candidate shall be compiled in the Official Tabulation, which the Election
			 Officer shall cause to be delivered to the Board's Main Office on the date
			 specified in 807 CMR 2.07(1).
(3)
			 The Election Officer shall notify each candidate of the time and location of
			 the receipt and opening of the Official Tabulation and shall permit all
			 candidates, or their representatives, to be present at the opening.
Code of Massachusetts Regulations › 807 CMR - TEACHERS' RETIREMENT BOARD › Title 807 CMR 2.00 - Rules Of Election › Section 2.08 - Certification and Recount

Current through Register 1525, July 5, 2024
(1) The Executive
			 Director shall certify the results of the election to the Board at the regular
			 meeting of the Massachusetts Teachers' Retirement Board not later than the
			 month of December in any election year. The term of the newly elected Board
			 member(s) shall begin at 12:00 P.M. on December 31st
			 of the year in which the election occurred and end at 12:00 P.M. on December
			 31st four years later.
(2) The Massachusetts Teachers' Retirement
			 System shall notify all candidates formally in writing by certified mail of the
			 results of the election within five days of certification to the
			 Board.
(3) Any candidate who lost
			 the election by fewer than 200 votes may request a recount provided that such
			 request, made to the Election Officer, is received in writing within seven days
			 of receipt of notification of the election results.
(4) The Election Officer shall conduct a
			 recount within five days of receipt of such a request, which recount will
			 include a review of disqualified votes. In conducting such recount, the
			 Election Officer may rely on the accuracy of the software of any vendor
			 retained to conduct electronic voting.
(5) The Election Officer shall retain all
			 valid and invalid votes and data related to votes for 60 days after the date of
			 certification to the Board.
Code of Massachusetts Regulations › 807 CMR - TEACHERS' RETIREMENT BOARD › Title 807 CMR 2.00 - Rules Of Election › Section 2.09 - Administration

Current through Register 1525, July 5, 2024
(1) Unless otherwise determined by the Board,
			 the Executive Director shall serve as Election Officer. All or some of the
			 duties of the Election Officer may be delegated to a person or person(s) as the
			 Executive Director sees fit, including to a qualified vendor or vendors
			 retained pursuant to a contract for services in connection with the
			 election.
(2) Except for the
			 election information packet required by
			 807 CMR
			 2.05(1), the Board shall not
			 distribute any campaign paraphernalia or literature on behalf of any
			 candidate.
Code of Massachusetts Regulations › 807 CMR - TEACHERS' RETIREMENT BOARD › Title 807 CMR 3.00 - RETIREMENT AND CREDIT FOR SERVICE › Section 3.01 - Retirement Date

Current through Register 1525, July 5, 2024
If a member is in service until the school in which he or she
				is employed closes for the school year, his or her retirement shall not take
				effect earlier than 12:00 A.M. on June 30th,
				irrespective of any earlier date which may be designated on his or her
				application.
Code of Massachusetts Regulations › 807 CMR - TEACHERS' RETIREMENT BOARD › Title 807 CMR 3.00 - RETIREMENT AND CREDIT FOR SERVICE › Section 3.02 - The Amount of Service in any Calendar Year That Shall Be the Equivalent to One Year of Creditable Service

Current through Register 1525, July 5, 2024
Members of the Teacher's Retirement System, who earn their
				salary on a 12-months basis, such as superintendents and any other persons who
				must serve for 11 months with one month vacation to receive salary for a full
				year, shall, for the periods they were employed on a 12-months basis, be
				allowed credit for the years and full calendar months of service, with the
				month of vacation counted as a month of service. All persons defined as
				teachers who earn their salary during the school year from September to June,
				shall, irrespective of the manner in which their salary is paid, be allowed a
				year's credit for each full school year of service and one-tenth of a year for
				each full month of service rendered during a school year. All such service may
				be pro-rated in accordance with
				807
				CMR 3.04.
Code of Massachusetts Regulations › 807 CMR - TEACHERS' RETIREMENT BOARD › Title 807 CMR 3.00 - RETIREMENT AND CREDIT FOR SERVICE › Section 3.03 - Credit for Massachusetts Non-membership Public Service

Current through Register 1525, July 5, 2024
(1) Except as provided in
			 807
			 CMR 10.00:
Maternity Service
			 Purchases
, the Board will allow proportional credit for any period of
			 non-membership service rendered in a Massachusetts governmental unit, the
			 purchase of which is authorized under M.G.L. c. 32, § 3(5), 4(1)(o) and
			 4(2)(c). Any such purchase will be allowed only after submission of
			 documentation satisfactory to the Board. Such non-membership service includes,
			 but is not limited to, service as a teacher on a
per diem
substitute basis or on any other basis that is less than half time.
(2) Proportional Credit means that for any
			 year during which the member was ineligible for membership in a contributory
			 retirement system and service was rendered as an employee on a part time,
			 provisional, temporary, temporary provisional, seasonal or intermittent basis
			 for a Massachusetts governmental unit, after purchase the member will receive
			 as creditable service that percentage of full time credit equal to a fraction,
			 the numerator of which is the number of days or hours actually worked during
			 that year, and the denominator of which is the number of days or hours that
			 would have been worked by a full time employee during that year as determined
			 by the Board.
(3) The member may
			 purchase less than all non-membership service available for purchase; provided,
			 however, that in such event the member must purchase the most recent time
			 first.
(4)
(a) The provisions of M.G.L. c. 32, §
			 4(1)(o) will not apply to service rendered by a salaried employee, hired for a
			 permanent or indefinite term, whose annual rate of pay would exceed $5,000 if
			 that employee retained his or her position for a full year.
(b) For purposes of applying the limitations
			 of M.G.L. c. 32, § 4(1)(o) to all other employees, the Board will
			 interpret the statutory language as follows:
1. With respect to service rendered in a
			 public school or in higher education, the term "annually" shall refer to the
			 relevant academic year or the relevant calendar year, whichever yields the
			 greater service that the member can purchase; however, the same service cannot
			 be used more than once for this purpose;
2. With respect to all other service, the
			 term "annually" shall refer to the relevant calendar year;
3. All employment within the same school
			 department shall be presumed to be employment in the same "position". No such
			 presumption will apply to other employment, where distinctions between
			 "positions" will be determined by individual facts and circumstances.
Code of Massachusetts Regulations › 807 CMR - TEACHERS' RETIREMENT BOARD › Title 807 CMR 3.00 - RETIREMENT AND CREDIT FOR SERVICE › Section 3.04 - Retirement Credit for Service Rendered as a Part-time Member

Current through Register 1525, July 5, 2024
(1)
(a)
			 Except as set forth in 807 CMR 3.04(1)(b), for all purposes in M.G.L. c. 32,
			 creditable service for any member in service employed on a part-time basis
			 shall be calculated on a pro-rated basis as it relates to a full-time
			 position.
(b) When such a member
			 renders part-time membership service, the average annual rate of regular
			 compensation received used to calculate the member's retirement allowance under
			 M.G.L. c. 32, § 5(2)(a) shall be based on the full-time equivalent rate of
			 regular compensation received for any period of part-time service.
(c) For purposes of determining whether a
			 member has completed the ten or more years of creditable service required under
			 M.G.L. c. 32, § 6 for an ordinary disability retirement only, membership
			 service shall be credited on a full-time basis regardless of whether the
			 member's service was rendered on a part-time or full-time basis. The
			 calculation of the retirement allowance, however, shall be calculated according
			 to 807 CMR 3.04(1)(a).
Code of Massachusetts Regulations › 807 CMR - TEACHERS' RETIREMENT BOARD › Title 807 CMR 4.00 - Eligibility and Continued Membership › Section 4.01 - Purpose of Standard Rules; Retirement Board Policy

Current through Register 1525, July 5, 2024
The purpose of
				807 CMR
				4.00 is to establish uniform criteria and procedures
				to be applied by the Retirement Board in determining an individual's initial
				eligibility for membership within the Massachusetts Teachers' Retirement System
				("MTRS"); under what circumstances a separation from service occurs; and
				continued membership for those who, though still members in service, no longer
				meet the statutory definition of "Teacher". The retirement board shall assist
				all public school teachers and administrators in obtaining all rights and
				benefits authorized by M.G.L. c. 32 while protecting the retirement system from
				liability not authorized by law.
Code of Massachusetts Regulations › 807 CMR - TEACHERS' RETIREMENT BOARD › Title 807 CMR 4.00 - Eligibility and Continued Membership › Section 4.01.1 - Definitions

Current through Register 1525, July 5, 2024
Teacher Position
. A "teacher position"
				means regular employment, on at least a half-time basis, in a position that
				satisfies the MTRS' eligibility criteria at
				807 CMR
				4.02. A "teacher position" shall not include
				day-to-day or short-term employment.
Day-to-day Employment
: Employment on
				a day-to-day basis means any employment on an intermittent basis. Day-to-day
				employment is not regular employment.
Short-term Employment
. Short-term
				employment is substitute, part-time, temporary or seasonal employment of less
				than six calendar months' duration.
Separation from Service
: "Separation
				from service" for a teacher occurs at the moment they cease to be regularly
				employed in a teacher position with their employer. This occurs upon:
(a) Their resignation from that employer;
(b) Their failure to be re-elected or re-appointed in a teacher
				position by that employer;
(c) Their removal or discharge from their position;
(d) Their commencement of service in a position other than a
				teacher position;
(e) Their commencement of day-to-day or short-term
				employment;
(f) The beginning of any period of an authorized unpaid leave
				of absence beyond one year, which is not:
1. Leave that is due to mental or physical incapacity for duty
				or to permit such member to perform their duties as a member of a retirement
				board, as provided for in M.G.L. c. 32, § 3, or
2. Leave to serve as a representative of an employee
				organization, as provided for in M.G.L. c. 32, § 28K;
(g) Their retirement.
For purposes of determining whether there has been a separation
				from service, an existing member of the MTRS, employed under a ten-month, or
				school year contract, will not be considered separated from service during the
				summer months between school years so long as they return to regular employment
				in a teacher position with their same employer, beginning with the start of the
				next school year.
Code of Massachusetts Regulations › 807 CMR - TEACHERS' RETIREMENT BOARD › Title 807 CMR 4.00 - Eligibility and Continued Membership › Section 4.02 - Eligibility Criteria

Current through Register 1525, July 5, 2024
(1) No individual
			 shall be eligible for membership within the retirement system, unless the
			 retirement board finds:
(a) The individual
			 holds a license granted by the Department of Elementary and Secondary Education
			 ("DESE"), or has been granted a waiver pending licensure by the DESE;
(b) The individual is covered by a
			 contractual agreement for employment with one or more school committees or
			 boards of trustees or by any combination of such committees and
			 boards;
(c) The contractual
			 agreement requires not less than half-time service as a teacher, as defined in
			 M.G.L. c. 32 and clarified herein; and
(d) The contractual agreement requires that
			 the individual be licensed by the DESE as a condition of employment.
Code of Massachusetts Regulations › 807 CMR - TEACHERS' RETIREMENT BOARD › Title 807 CMR 4.00 - Eligibility and Continued Membership › Section 4.03 - Enrollment

Current through Register 1525, July 5, 2024
(1)
Enrollment
. Any
			 individual satisfying the eligibility criteria in
			 807 CMR
			 4.02, who enters into a contractual agreement
			 for employment with a school committee or board of trustees shall file for
			 enrollment, in the form prescribed by the MTRS, within 30 days of becoming
			 eligible for membership.
Code of Massachusetts Regulations › 807 CMR - TEACHERS' RETIREMENT BOARD › Title 807 CMR 5.00 - Employer Reporting Requirements › Section 5.01 - Purpose of Standard Rules; Retirement Board Policy

Current through Register 1525, July 5, 2024
The purpose of
				807 CMR 5.00 is to clarify and
				standardize the reporting of employee data to be required of each governmental
				unit who employs individuals eligible for membership in the Massachusetts
				Teachers' Retirement System. Standardizing and clarifying reporting
				requirements for all governmental units will enable the retirement board to
				ensure the accurate accounting of all member accounts, to guarantee the
				financial accountability of the retirement fund, and to maintain the necessary
				data to fully comply with all reporting requirements as provided in M.G.L. c.
				32. All records and reports shall be required as of the dates outlined in these
				rules and as outlined in M.G.L. c. 32.
Code of Massachusetts Regulations › 807 CMR - TEACHERS' RETIREMENT BOARD › Title 807 CMR 5.00 - Employer Reporting Requirements › Section 5.02 - Monthly Deduction Reports

Current through Register 1525, July 5, 2024
(1) Each
			 governmental unit with employees who are members of the Massachusetts Teachers'
			 Retirement System shall report to the Executive Director of the Teachers'
			 Retirement Board on or before the tenth day of each succeeding month the
			 various amounts withheld for the deposit in the annuity savings fund.
(2) Each governmental unit shall submit
			 monthly reports in an automated format prescribed by the Teachers' Retirement
			 Board.
(3) Any governmental unit
			 which withholds contributions from 50 or less members may request authorization
			 to submit written monthly deduction reports. Such a request shall specify the
			 reason(s) which prohibits automated reporting. The granting of such a waiver
			 shall be at the discretion of the Board.