reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 34.00 - Daily fantasy sports contest operators in Massachusetts › Section 34.16 - Consumer Complaint Procedures

Current through Register 1525, July 5, 2024
(1)
Opportunities for Consumer Complaints
. DFSOs shall
			 develop and Prominently Publish procedures by which a DFS Consumer may file a
			 complaint with the DFSO by internet chat, in writing, or by other means, about
			 any aspect of DFS operation.
(2)
Responses to Complaints
. DFSOs shall respond to such
			 complaints in writing within ten business days. If the relief requested in the
			 complaint will not be granted, the response to the complaint shall state the
			 reasons with specificity.
(3)
Complaints Requiring Additional Information
. If the
			 response to a complaint is that more information is needed, the form and nature
			 of the necessary information shall be specifically stated. When additional
			 information is received, further response shall be required within seven
			 days.
(4)
Retention of
			 Complaints
. All complaints received by a DFSO from a DFS Consumer
			 and the DFSO's responses to complaints shall be retained for at least four
			 years and made available to the AGO within seven days of any request by the
			 AGO.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 34.00 - Daily fantasy sports contest operators in Massachusetts › Section 34.17 - Severability

Current through Register 1525, July 5, 2024
If any provision of 940 CMR 34.00 or the application of such
				provision to any person, entity or circumstances is held to be invalid, the
				validity of the remainder of 940 CMR 34.00 and the applicability of such
				provision to other persons, entities or circumstances shall not be
				affected.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 34.00 - Daily fantasy sports contest operators in Massachusetts › Section 34.18 - Implementation Period

Current through Register 1525, July 5, 2024
DFSOs shall implement 940 CMR 34.00 as soon as practicable, but
				in no event later than July 1, 2016. This implementation period will not affect
				the AGO's ability to enforce existing law.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 35.00 - Unfair and Deceptive Debt Collection Practices During the State of Emergency Caused by COVID-19 › Section 35.01 - Purpose and Scope

Current through Register 1525, July 5, 2024
The purpose of 940 CMR 35.00 is to provide emergency
				regulations to protect consumers from unfair and deceptive debt collection
				practices during the State of Emergency declared by the Governor of
				Massachusetts on March 10, 2020 pursuant to Executive Order No. 591:
Declaration of State of Emergency to Respond to
				COVID-19
.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 35.00 - Unfair and Deceptive Debt Collection Practices During the State of Emergency Caused by COVID-19 › Section 35.03 - Prohibitions on Debt Collection Activity with Regard to All Creditors, Including Debt Collectors

Current through Register 1525, July 5, 2024
(1) For the 90
			 days following March 26, 2020 or until the State of Emergency Period expires,
			 whichever occurs first, it is an unfair or deceptive act or practice for any
			 creditor, including a debt collector, to:
(a)
			 initiate, file, or threaten to file any new collection lawsuit;
(b) initiate, threaten to initiate, or act
			 upon any legal or equitable remedy for the garnishment, seizure, attachment, or
			 withholding of wages, earnings, property or funds for the payment of a debt to
			 a creditor;
(c) initiate, threaten
			 to initiate, or act upon any legal or equitable remedy for the repossession of
			 any vehicle;
(d) apply for, cause
			 to be served, enforce, or threaten to apply for, cause to be served or enforce
			 any
capias
warrant;
(e) visit or threaten to visit the household
			 of a debtor at any time;
(f) visit
			 or threaten to visit the place of employment of a debtor at any time;
			 and
(g) confront or communicate in
			 person with a debtor regarding the collection of a debt in any public place at
			 any time.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 35.00 - Unfair and Deceptive Debt Collection Practices During the State of Emergency Caused by COVID-19 › Section 35.04 - Prohibition on Debt Collection Telephone Calls with Regard to Debt Collectors Only

Current through Register 1525, July 5, 2024
(1) For the 90 days
			 following March 26, 2020 or until the State of Emergency Period expires,
			 whichever occurs first, it shall be an unfair or deceptive act or practice for
			 any debt collector to initiate a communication with any debtor
via
telephone, either in person or by recorded audio message
			 to the debtor's residence, cellular telephone, or other telephone number
			 provided by the debtor as his or her personal telephone number, provided that a
			 debt collector shall not be deemed to have initiated a communication with a
			 debtor if the communication by the debt collector is in response to a request
			 made by the debtor for said communication.
(2) 940 CMR 35.04(1) shall not apply to
			 communications initiated solely for the purpose of informing a debtor of a
			 rescheduled court appearance date or discussing a mutually convenient date for
			 a rescheduled court appearance.
(3)
			 940 CMR 35.04(1) shall not apply to:
(a) any
			 attempt to collect a debt which is, or is alleged to be, owing as a result of a
			 loan secured by a mortgage on real property; or
(b) any attempt to collect a debt that is, or
			 is alleged to be, owing by a tenant to an owner, as those terms are defined by
			 940 CMR 3.01:
Definitions.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 35.00 - Unfair and Deceptive Debt Collection Practices During the State of Emergency Caused by COVID-19 › Section 35.05 - Relation to Other Law and Regulations

Current through Register 1525, July 5, 2024
(1)
			 940 CMR 35.00 does not exempt any person from complying with existing laws or
			 rules of professional conduct with respect to debt collection practices. 940
			 CMR 35.00 is not intended to supersede or in any way limit rights and
			 protections provided to consumers under
			 101 CMR 613.00:
Health Safety Net Eligible Services
, and state and federal
			 foreclosure laws. To the extent that any provision of 940 CMR 35.00 is
			 specifically inconsistent with the Massachusetts Rules of Professional Conduct,
			 as currently appearing in Supreme Judicial Court Rule 3:07 and then only to the
			 extent of the inconsistency, 940 CMR 35.00 is not applicable.
(2) 940 CMR 35.00 is intended to supplement
			 940
			 CMR 7.00:
Debt Collection
			 Regulations
. To the extent that any provision of 940 CMR 35.00 is
			 determined to be specifically inconsistent with any provision of
			 940
			 CMR 7.00, such provision of 940 CMR 35.00 shall
			 temporarily replace the provisions of
			 940
			 CMR 7.00 during the State of Emergency
			 Period.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 36.00 - Regulations Implementing the Act to Prevent Cruelty to Farm Animals › Section 36.01 - Purpose

Current through Register 1525, July 5, 2024
940 CMR
				36.00 is intended to prevent animal cruelty by phasing
				out extreme methods of farm animal confinement, which also threaten the health
				and safety of Massachusetts consumers, increase the risk of food borne illness,
				and have negative fiscal impacts on the Commonwealth of Massachusetts.
				940 CMR
				36.00 is intended to facilitate the implementation of
				the law as set out in St. 2016, c. 333.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 36.00 - Regulations Implementing the Act to Prevent Cruelty to Farm Animals › Section 36.02 - Scope

Current through Register 1525, July 5, 2024
940 CMR
				36.00 applies only to the production and sale of veal
				meat, pork meat, and shell eggs in Massachusetts defined in St. 2016, c.
				333.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 36.00 - Regulations Implementing the Act to Prevent Cruelty to Farm Animals › Section 36.04 - Prohibition on the Confinement of Covered Animals

Current through Register 1525, July 5, 2024
(1) It
			 is a violation of St. 2016, c. 333 or
			 940
			 CMR 36.04 for a farm owner. or operator
			 within Massachusetts to knowingly cause any covered animal to be confined in a
			 cruel manner.
(2) The prohibition
			 set forth in
			 940
			 CMR 36.04(1) does not apply
			 to covered animals during the following six activities:
(a) Transportation;
(b) State or county fair exhibitions, 4-H
			 programs, and similar exhibitions;
(c) Slaughter in accordance with any
			 applicable laws, rules, and regulations;
(d) Medical research;
(e) Examination, testing, individual
			 treatment, or operation for veterinary purposes, but only if performed by or
			 under the direct supervision of a licensed veterinarian; or
(f) The five day period prior to a breeding
			 pig's expected date of giving birth, and any day that the breeding pig is
			 nursing piglets.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 36.00 - Regulations Implementing the Act to Prevent Cruelty to Farm Animals › Section 36.05 - Prohibition on the Sale of Products

Current through Register 1525, July 5, 2024
(1) It is a
			 violation of St. 2016, c. 333 or
			 940
			 CMR 36.05 for a business owner or operator to
			 knowingly engage in the sale within Massachusetts of any:
(a) Shell egg that the business owner or
			 operator knows or should know is the product of a covered animal that was
			 confined in a cruel manner;
(b)
			 Whole veal meat that the business owner or operator knows or should know is the
			 meat of a covered animal that was confined in a cruel manner; or
(c) Whole pork meat that the business owner
			 or operator knows or should know is the meat of a covered animal that was
			 confined in a cruel manner, or is the meat of the immediate offspring of a
			 covered animal that was confined in a cruel manner.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 36.00 - Regulations Implementing the Act to Prevent Cruelty to Farm Animals › Section 36.06 - Certifications

Current through Register 1525, July 5, 2024
(1) Any farm or farm owner or operator that
			 raises a covered animal and engages in one or more commercial transactions
			 within Massachusetts involving any shell egg, whole veal meat, or whole pork
			 meat derived from a covered animal raised on said farm may certify in writing
			 under pains and penalties of perjury that such farm does not knowingly cause
			 any covered animal to be confined in a cruel manner.
(2) Any person who engages in any commercial
			 transaction within Massachusetts involving any shell egg, whole veal meat, or
			 whole pork meat, including, but not limited to, a farm, farm owner or operator,
			 business owner or operator, or supplier, residing or operating within or
			 outside of the Commonwealth, may certify in writing that shell eggs, whole pork
			 meat, or whole veal meat sold within a year of the execution of a certification
			 will not be derived from a covered animal that was confined in a cruel manner,
			 or from the immediate offspring of a female pig that was confined in a cruel
			 manner.
(3) A certification made
			 pursuant to
			 940
			 CMR 36.06(1) will be
			 effective for one calendar year from the date it is executed and shall be
			 renewed annually.
(4) Any
			 certification made pursuant to
			 940
			 CMR 36.06(1) or (2) shall be
			 produced upon demand to:
(a) the Office of the
			 Attorney General;
(b) the
			 Department; and
(c) any person who
			 will rely on or has relied on such certification.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 36.00 - Regulations Implementing the Act to Prevent Cruelty to Farm Animals › Section 36.07 - Violations and Applicability

Current through Register 1525, July 5, 2024
(1) The confinement
			 of any covered animal in violation of St. 2016, c. 333 or
			 940
			 CMR 36.04 will be subject to a civil fine of
			 up to $1,000 per violation.
(2) The
			 sale of any shell egg, whole veal meat, or whole pork meat in violation of St.
			 2016, c. 333 or
			 940
			 CMR 36.05 will be subject to a civil fine of
			 up to $1,000 per transaction.
The requirements of
				940 CMR
				36.00 do not apply to shell eggs, whole veal meat, or
				whole pork meat already in the supply chain before January 1, 2022. It is not a
				violation of
				940 CMR
				36.00 to sell any shell eggs, whole veal meat, or
				whole pork meat derived from a covered animal that was confined in a manner
				that does not comply with the requirements of
				940 CMR
				36.00 before January 1, 2022, provided that
				confinement of the covered animal complies with the requirements of
				940 CMR
				36.00 on and after January 1, 2022.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 36.00 - Regulations Implementing the Act to Prevent Cruelty to Farm Animals › Section 36.08 - Referrals by the Department

Current through Register 1525, July 5, 2024
Whenever the Department inspects a farm pursuant to any
				applicable authority, the Department may inspect farms for compliance with the
				enclosure and useable floor space for covered animals under St. 2016, c. 333
				and 940 CMR
				36.00 to ensure that these animals are not being
				confined in a cruel manner. If the Department observes violations of St. 2016,
				c. 333 or
				940 CMR
				36.00 during its inspections of farms within
				Massachusetts, the Department may refer those violations to the Attorney
				General's Office.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 36.00 - Regulations Implementing the Act to Prevent Cruelty to Farm Animals › Section 36.09 - Referrals by Local Boards of Health

Current through Register 1525, July 5, 2024
A farm owner or operator located in Massachusetts, who is
				making a new certification or Guarantee or renewing a certification or
				Guarantee, shall annually submit to the local Board of Health a copy of any
				certification or Guarantee currently in effect at the farm owner or operator's
				farm. If a local Board of Health observes violations of St. 2016, c. 333 or
				940 CMR
				36.00, the local Board of Health may refer those
				violations to the Attorney General's Office.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 36.00 - Regulations Implementing the Act to Prevent Cruelty to Farm Animals › Section 36.10 - Severability

Current through Register 1525, July 5, 2024
If any provision of
				940 CMR
				36.00 or the application of any provision of a
				regulation to any person or circumstance is held to be invalid, the validity of
				the remainder of
				940 CMR
				36.00 and the applicability of such provision to other
				persons or circumstances will not be affected.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 37.00 - Regulations Authorizing Disclosure Of Massachusetts License Or Learner's Permit Applicant Or Holder Information › Section 37.01 - Purpose

Current through Register 1525, July 5, 2024
The Attorney General promulgates
				940 CMR
				37.00, relating to the public records status and
				disclosure by the Registrar of Motor Vehicles of information relating to
				applicants and holders of Massachusetts licenses and learner's permits,
				pursuant to her authority in St. 2022, c. 81, § 7:
An Act Relative
				to Work and Family Mobility
.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 37.00 - Regulations Authorizing Disclosure Of Massachusetts License Or Learner's Permit Applicant Or Holder Information › Section 37.02 - Definitions

Current through Register 1525, July 5, 2024
As used in
				940 CMR
				37.00, the following terms when capitalized shall,
				unless the context clearly requires otherwise, have the following
				meanings:
Applicant
. An individual who files an
				application by mail or otherwise to the Registrar of Motor Vehicles or any
				agent designated by them for the purpose.
Registrar
. The Massachusetts
				Department of Transportation's Registrar of Motor Vehicles established pursuant
				to M.G.L. c. 6C, § 56, or the Registrar's officer, employee, agent, or
				contractor, including the members of the Fraud Unit of the Massachusetts State
				Police pursuant to M.G.L. c. 22C and St. 1991, c. 412, as well as any and all
				AAA employees who provide Registry of Motor Vehicles-related services at AAA
				locations in Massachusetts.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 37.00 - Regulations Authorizing Disclosure Of Massachusetts License Or Learner's Permit Applicant Or Holder Information › Section 37.03 - Scope

Current through Register 1525, July 5, 2024
(1)
								940 CMR
			 37.00 applies only to the following, as defined in St.
			 2022, c. 81, § 7:
(a) any information
			 provided by or relating to an applicant for a Massachusetts license under
			 M.G.L. c. 90, § 8;
(b) any
			 information provided by or relating to an applicant for a learner's permit
			 under M.G.L. c. 90, § 8B;
(c)
			 any information provided by or relating to the holder of a Massachusetts
			 license issued under M.G.L. c. 90, § 8; and
(d) any information provided by or relating
			 to the holder of a learner's permit issued under M.G.L. c. 90, §
			 8B.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 37.00 - Regulations Authorizing Disclosure Of Massachusetts License Or Learner's Permit Applicant Or Holder Information › Section 37.04 - Requirements for Disclosure

Current through Register 1525, July 5, 2024
(1) Any information
			 or record disclosed pursuant to St. 2022, c. 81, § 7 may only be disclosed
			 consistent with the Registrar's functions under federal and state law and not
			 for the purpose of enforcing federal immigration law or provided to an agency
			 that primarily enforces immigration law, unless the Registrar is provided with
			 a lawful court order or judicial warrant signed by a judge appointed pursuant
			 to Article III of the United States Constitution, a federal grand jury or trial
			 subpoena, or as otherwise required by federal law. When responding to such an
			 order, warrant, or subpoena, the Registrar may only disclose those records or
			 information specifically requested in the order, warrant, or subpoena.
Upon the Registrar's receipt of a lawful court order, judicial
				warrant, or subpoena, the Registrar shall, prior to disclosing the records or
				information and no later than three business days after receipt of such
				request, make reasonable efforts to notify the individual about whom such
				information was requested, informing such individual of the request and the
				identity of the agency that made such request, unless disclosure would impede a
				criminal investigation.
(2)
			 For purposes of
			 940
			 CMR 37.04, the term "agency that primarily
			 enforces immigration law" shall include, but not be limited to, United States
			 Immigration and Customs Enforcement and United States Customs and Border
			 Protection, and any successor agencies having similar duties. Enforcing federal
			 immigration law includes, but is not limited to, investigating for,
			 participating in, cooperating with, or assisting in federal immigration
			 enforcement, including enforcement of civil immigration laws and
			 8 U.S.C. §§
									1325 or
			 1326.
(3) Except as required by federal law and in
			 the specific circumstances delineated in
			 940
			 CMR 37.04(3)(a) and (b), the
			 Registrar shall under no circumstances disclose any documents used to prove
			 identity, date of birth, social security status, or Massachusetts residency
			 submitted with an application for either a Massachusetts license pursuant to
			 M.G.L. c. 90, § 8 or a learner's permit pursuant to M.G.L. c. 90, §
			 8B, nor identify as part of any disclosure which such documents were submitted
			 as part of any such application.
(a) Where the
			 Registrar determines there are indicia of criminal fraud, the Registrar may
			 disclose such documents or information to state or local law enforcement
			 officials when needed to conduct a criminal investigation of said
			 fraud.
(b) The Registrar may,
			 pursuant to a memorandum of understanding under M.G.L. c. 51, §
			 42G½, disclose to the State Secretary such documents or information to
			 the extent necessary to identify eligible voters.
Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 37.00 - Regulations Authorizing Disclosure Of Massachusetts License Or Learner's Permit Applicant Or Holder Information › Section 37.05 - Severability

Current through Register 1525, July 5, 2024
If any provision of
				940 CMR
				37.00 or the application of any provision of a
				regulation to any person or circumstance is held to be invalid, the validity of
				the remainder of
				940 CMR
				37.00 and the applicability of such provision to other
				persons or circumstances will not be affected.
Code of Massachusetts Regulations › 941 CMR - STATE BOARD OF RETIREMENT › Title 941 CMR 2.00 - Administrative Regulations › Section 2.01 - Date of Board Meeting

Current through Register 1525, July 5, 2024
Unless otherwise approved by the Board, the State Board of Retirement shall meet on the last Thursday of each month.
The November meeting may be held on Wednesday, the day before Thanksgiving, or on such other date as approved by the Board. If Christmas or Christmas eve falls on the last Thursday of December, the December meeting may be held on the preceding Tuesday, or on such other date as approved by the Board.
Code of Massachusetts Regulations › 941 CMR - STATE BOARD OF RETIREMENT › Title 941 CMR 2.00 - Administrative Regulations › Section 2.02 - Administration

Current through Register 1525, July 5, 2024
(1) The chief administrative officer of the Retirement Board and department shall hold the title of Executive Director of the Department and Secretary to the Retirement Board.
(2) There shall be a position of Deputy Director who shall assist the Director in his or her duties. The Deputy Director, in the absence of the Director, shall perform the Director's duties.
Code of Massachusetts Regulations › 941 CMR - STATE BOARD OF RETIREMENT › Title 941 CMR 2.00 - Administrative Regulations › Section 2.04 - Service Purchases

Current through Register 1525, July 5, 2024
Prior Non-membership Service
. A buy-back of prior non-membership service of less than six consecutive months which was part-time, provisional, temporary, temporary provisional, seasonal or intermittent that occurred after January 28,1993 and was not immediately followed by membership service, will not be allowed.
Code of Massachusetts Regulations › 941 CMR - STATE BOARD OF RETIREMENT › Title 941 CMR 2.00 - Administrative Regulations › Section 2.05 - Proof of Age in Lieu of a Birth Certificate

Current through Register 1525, July 5, 2024
(1) The following documents are examples of those that may be valid for proof of age:
(a) Naturalization papers;
(b) Passport;
(c) Certified religious records; and
(d) Certified education records.
Code of Massachusetts Regulations › 941 CMR - STATE BOARD OF RETIREMENT › Title 941 CMR 2.00 - Administrative Regulations › Section 2.06 - Proceedings Conducted in Accordance with 801 CMR 1.01: Formal Rules

Current through Register 1525, July 5, 2024
Proceedings before the State Board of Retirement including those arising under M.G.L. c. 32, §§ 16(1) and proceedings arising under M.G.L. c. 32, § 15 shall be conducted in accordance with the formal administrative rules of adjudicatory procedure set forth in 801 CMR 1.01:
Formal Rules.
Code of Massachusetts Regulations › 941 CMR - STATE BOARD OF RETIREMENT › Title 941 CMR 2.00 - Administrative Regulations › Section 2.07 - Proceedings for Massachusetts Public Safety Employees Line of Duty Death

Current through Register 1525, July 5, 2024
Benefits Pursuant to M.G.L. c. 32, § 100A
. Proceedings for Massachusetts Public Safety Employees Line of Duty Death Benefits may be initiated by filing an application with the Retirement Board. The application shall consist of forms prescribed by the Board, and shall be considered filed as of the date upon which the applicant completes and submits all the required forms to the Board.
(1)
Required Forms
. The eligible survivor(s) in the family of a firefighter, police officer or corrections officer who is killed or sustains injuries in the line of duty which are the direct and proximate cause of his death under circumstances described in M.G.L c. 32, § 100A may file an application for a one-time award in the amount of $100,000 by completing and filing with the Board a form entitled Line of Duty Death Benefit Chapter 32 §100A Beneficiary Claim Statement.
(2)
Other Required Documentation
. Each such applicant must also file the following documentation with the Board:
(a) Copies of any official reports and records describing circumstances and cause of death;
(b) Copy of the Death Certificate;
(c) Copies of a medical records relating to the injury and death;
(d) Copy of the decedent's autopsy report, if an autopsy was performed;
(e) If the deceased was previously retired for under the provisions of M.G.L. c. 32, or if any survivor has received or applied for death benefits under M.G.L. c. 32, the applicant must provide the complete records of the applicable proceedings before the retirement board of the retirement system in which the deceased was a member;
(f) If the applicant is the spouse of the decedent, a copy of the applicant's birth certificate and a copy of the applicant's marriage certificate;
(g) If the applicant(s) are the child(ren) of the decedent, copies of the birth certificates, and guardianship papers for minor children; and
(h) If the applicant(s) is/are the parent(s) of the deceased, a copy of the decedent's birth certificate; copies of the parents' birth certificates; and such documentation as the Board may require as proof to show that said parent(s) was/were at least 50% financially dependent upon the deceased in the year prior to the death.
Code of Massachusetts Regulations › 941 CMR - STATE BOARD OF RETIREMENT › Title 941 CMR 2.00 - Administrative Regulations › Section 2.08 - Withdrawal of Superannuation Retirement Application

Current through Register 1525, July 5, 2024
A member who has filed a voluntary application for superannuation retirement with the Board may withdraw the application without prejudice by submitting a written request specifying such withdrawal that must be received by the Board prior to the date on which such retirement is scheduled to become effective.
Code of Massachusetts Regulations › 941 CMR - STATE BOARD OF RETIREMENT › Title 941 CMR 2.00 - Administrative Regulations › Section 2.10 - Procedures Related to M.G.L. c. 32,§15, Dereliction of Duty by Members

Current through Register 1525, July 5, 2024
(1)
Introduction
.
(a)
Purpose
. The purpose of 941 CMR 2.10 is to clarify the procedures used to implement the provisions of M.G.L. c. 32, § 15. Specifically, 941 CMR 2.10 defines the standards and procedures under which the State Board of Retirement will act on issues that arise under the provisions of M.G.L. c. 32, § 15, as they apply to the retirement rights and benefits of members of the Massachusetts State Employees' Retirement System (MSERS), including members of the former Massachusetts Turnpike Employees' Retirement System, members of the retirement system established for the judiciary under M.G.L. c. 32, §§ 65A through 65 J, and any other public employees whose retirement benefits fall under the administration of the MSERS.
(b)
Authority of the State Board of Retirement
. The State Board of Retirement (SBR) is established by M.G.L. c. 10, § 18 to administer the state employees' contributory retirement system established by M.G.L. c. 32, § 1. Individually and collectively, these statutes impose a fiduciary duty on the State Board of Retirement, and on each member of the Board, to serve the public interest by ensuring that the contributory retirement system is prudently managed to protect and preserve its integrity and its viability for the long term, and that it is fairly and equitably administered to provide benefits to the members and the beneficiaries of the MSERS consistent with the provisions of M.G.L. c. 32. M.G.L. c. 32, § 15 grants public contributory retirement systems the authority and imposes on them the responsibility to determine whether the rights and benefits of a member or beneficiary within that system may be affected by actions of the member, and, pursuant to M.G.L. c. 32, § 15(2), to initiate proceedings under 941 CMR 2.10(l)(b). The SBR may consider the application of the law and these regulations to the retirement rights and benefits of any member of the MSERS or beneficiary of such a member, and take appropriate action on those rights and benefits, including determining that the member's actions require forfeiture of all retirement benefits. Nothing in 941 CMR 2.10 shall be construed to limit or negate the authority otherwise provided by law to the SBR to administer the MSERS.
Code of Massachusetts Regulations › 941 CMR - STATE BOARD OF RETIREMENT › Title 941 CMR 3.00 - Rollover Distributions and Payment for Purchase of Creditable Service › Section 3.01 - Purpose

Current through Register 1525, July 5, 2024
The purpose of
				941 CMR
				3.00 is to enable the State Retirement System and its
				members to comply with and take advantage of certain changes in Title 26 of the
				Internal Revenue Code, (the federal Internal Revenue Code of 1986, as amended),
				as set forth in the Economic Growth and Tax Relief Reconciliation Act of
				2001.
Code of Massachusetts Regulations › 941 CMR - STATE BOARD OF RETIREMENT › Title 941 CMR 3.00 - Rollover Distributions and Payment for Purchase of Creditable Service › Section 3.02 - Definitions

Current through Register 1525, July 5, 2024
The following definitions apply to
				941 CMR
				3.00:
The Board
. The State Board of
				Retirement.
Title 26 of the Internal Revenue Code
.
				The federal Internal Revenue Code of 1986, as amended.
Code of Massachusetts Regulations › 941 CMR - STATE BOARD OF RETIREMENT › Title 941 CMR 3.00 - Rollover Distributions and Payment for Purchase of Creditable Service › Section 3.04 - Payment for Purchase of Creditable Service

Current through Register 1525, July 5, 2024
On and after January 1,2002, a member authorized by law to
				purchase creditable service may make payment for the purchase of such service
				to the Board in or in a combination of:
(a) a lump sum purchase, including an
			 eligible rollover distribution as defined by 26 I.R.C. § 402 (c)(4), other
			 than the portion of such distribution that is not included in gross
			 income;
(b) installment payments
			 over a period not exceeding five years; and
(c) a trustee-to-trustee transfer of assets
			 from a 26 I.R.C. § 403(b) annuity or a 26 I.R.C. § 457 plan. Any
			 combination of forms of payment or trustee-to-trustee transfer of assets shall
			 be subject to the limitations of applicable law, and such conditions, proofs,
			 or acceptances as the Board or its designee may from time to time deem
			 appropriate.
Code of Massachusetts Regulations › 941 CMR - STATE BOARD OF RETIREMENT › Title 941 CMR 4.00 - Qualified Excess Benefit Arrangement › Section 4.01 - Establishment of Section 415 Excess Benefit Plan and Trust Fund

Current through Register 1525, July 5, 2024
(1) M.G.L. c. 32, § 104(b) requires the establishment of a qualified governmental plan excess benefit arrangement, as set forth in 26 U.S.C. §
									415(m), for the payment of benefits in excess of the limits of § 415(b) of the Internal Revenue Code. The Massachusetts State Board of Retirement ("Board") establishes such an arrangement in the form set forth in a document entitled,
The Massachusetts State Employees' Retirement System Section 415 Excess Benefit Plan and Trust Fund
dated January 1, 2007 ("the Excess Benefit Plan").
(2) The purpose of the Excess Benefit Plan is solely to provide the part of a member's retirement allowance that would otherwise have been payable by the Massachusetts State Employees' Retirement System ("SERS") except for the limitations of Internal Revenue Code § 415(b). It is intended to be a "qualified governmental excess benefit arrangement" within the meaning of Internal Revenue Code Section 415(m)(3).
(3) Pursuant to M.G.L. c. 32, § 104(b), which provides that a qualified governmental plan excess benefit arrangement must be established according to the requirements of 26 U.S.C. §
									415(m), the Board will not provide for the transfer of any funds to pay the excess benefits under the Excess Benefit Plan but, rather, the excess benefits will be funded by appropriations in such amount as determined by the Board to be necessary to fund the excess benefits, to be withheld before such appropriations are credited to the SERS.
Code of Massachusetts Regulations › 941 CMR - STATE BOARD OF RETIREMENT › Title 941 CMR 4.00 - Qualified Excess Benefit Arrangement › Section 4.02 - Grantor Trust

Current through Register 1525, July 5, 2024
To implement the terms of § 104(b) and the Excess Benefit Plan, the Board is authorized to create a grantor trust, with themselves as trustees, to receive and hold contributions from employers and to pay benefits in accordance with the Excess Benefit Plan. The grantor trust shall be established pursuant to the terms of Article VI of the Excess Benefit Plan.
Code of Massachusetts Regulations › 945 CMR - OFFICE OF THE INSPECTOR GENERAL › Title 945 CMR 1.00 - Rules Of Procedure › Section 1.01 - Purpose

Current through Register 1525, July 5, 2024
The Office of the Inspector General, (hereinafter the
				"Office"), was created by St. 1980, c. 388 codified in part as M.G.L. c. 12A.
				The Office is charged with the responsibility of preventing and detecting
				fraud, waste and abuse in the expenditure of public funds for the procurement
				of construction, supplies and services. The Office is authorized to receive
				complaints and information; initiate audits and investigations; review
				legislation and regulations and make recommendations thereon; recommend
				policies or practices which will assist in the prevention or detection of
				fraud, waste and abuse in the expenditure of covered public funds; and, when
				warranted, report or refer its audit or investigative findings to appropriate
				investigative, prosecutorial, or otherwise interested public agencies.
				945 CMR
				1.00 is promulgated pursuant to M.G.L. c. 12A, §
				6. They have been adopted to guide the Office in the fair and effective
				discharge of its statutory function, to inform interested persons of the
				policies and practices employed by the Office, and to protect the rights of
				witnesses, complainants, informants, or other individuals or public bodies
				affected by the Office's proceedings.
Code of Massachusetts Regulations › 945 CMR - OFFICE OF THE INSPECTOR GENERAL › Title 945 CMR 1.00 - Rules Of Procedure › Section 1.02 - Scope

Current through Register 1525, July 5, 2024
945 CMR
				1.00 governs the conduct of the activities of the
				Office. An activity or procedure not expressly covered by
				945 CMR
				1.00 is permissible if within the jurisdiction of the
				Office and permitted by law.
Code of Massachusetts Regulations › 945 CMR - OFFICE OF THE INSPECTOR GENERAL › Title 945 CMR 1.00 - Rules Of Procedure › Section 1.04 - Initiation of Investigations, Audits or Reviews

Current through Register 1525, July 5, 2024
(1)
General
(a) The Inspector General, on his own motion,
			 or in response to information or complaints received, may initiate
			 investigations, audits, or reviews of legislation, regulations, policies or
			 practices related to the prevention or detection of fraud, waste or abuse in
			 the expenditure of state, federal, or local public funds or in the use of
			 public property in programs and operations involving or relating to the
			 procurement of construction, supplies, or services by agencies, bureaus,
			 divisions, sections, departments, offices, commissions, institutions and
			 activities of the Commonwealth including districts, authorities,
			 instrumentalities or political subdivisions created by the General Court and
			 including cities and towns.
(b) The
			 initiation of any particular investigation, audit or review shall be within the
			 discretion of the Inspector General.
Code of Massachusetts Regulations › 945 CMR - OFFICE OF THE INSPECTOR GENERAL › Title 945 CMR 1.00 - Rules Of Procedure › Section 1.05 - Conduct of Investigations, Audits or Reviews

Current through Register 1525, July 5, 2024
(1)
General
(a) The scope, duration, conduct and
			 disposition of any investigation, audit or review undertaken by the Office
			 shall be within the lawful discretion of the Inspector General; provided
			 however, that the Inspector General Council shall approve requests for
			 summonses for testimony under
			 945 CMR 1.06(2)
			  and referrals of investigative or audit
			 findings to public agencies other than the Attorney General of the Commonwealth
			 or United States Attorney under
			 945 CMR
			 1.09(3).
(b) In conducting an investigation, audit or
			 review, the Inspector General or his employees or agents may interview persons;
			 examine books, records, files, documents or other materials; seek to compel
			 production of testimony or documents; or take any other action deemed necessary
			 for the conduct of such investigation, audit or review that is permitted by law
			 and the provisions of
			 945 CMR
			 1.00.
Code of Massachusetts Regulations › 945 CMR - OFFICE OF THE INSPECTOR GENERAL › Title 945 CMR 1.00 - Rules Of Procedure › Section 1.07 - Enforcement of Summons

Current through Register 1525, July 5, 2024
(1)
Motions to Quash
Any person, private organization or
			 public body summonsed to produce books and records pursuant to
			 945 CMR 1.06(1)(a)
			  or any person summonsed to attend and
			 testify or attend, testify and produce books and records pursuant to
			 945 CMR 1.06(2)(a)
			  may object to the summons, in advance of its
			 return date, by the filing of a motion to quash in the Superior Court for
			 Suffolk County. The filing of a motion to quash shall stay all proceedings
			 before the Office of the Inspector General with respect to the pending summons
			 until further order of the Superior Court.
(2)
Motions for
			 Enforcement
If any person, private organization, or public body
			 refuses or fails to comply with a summons issued by the Inspector General
			 pursuant to
			 945 CMR 1.06(1)(a) or
			 (2)(a), or fails to answer questions asked at
			 a private session convened pursuant to a summons issued under
			 945 CMR
			 1.06(2)(a), the Inspector
			 General may apply to any justice of the Superior Court for an order compelling
			 the attendance of the witness and the giving of testimony under oath or
			 affirmation at a private session or the production of books and
			 records.
(3)
Contempt
As provided by M.G.L. c. 12A, § 9 and
			 St. 1980, c. 388, s 2, failure to obey any order of the Superior Court with
			 respect to any summons issued by the Office of Inspector General may be
			 punished by the court as contempt.
(4)
In Camera
			 Hearings
If ajustice of the court compels any witness to answer
			 before the court any questions previously put to the witness in a private
			 session, the Inspector General shall apply to such justice for an order that
			 the public be excluded from such sitting of the court and that all related
			 books, records or other papers and reproductions thereof be
			 impounded.
Code of Massachusetts Regulations › 945 CMR - OFFICE OF THE INSPECTOR GENERAL › Title 945 CMR 1.00 - Rules Of Procedure › Section 1.09 - Report and Referral of Investigative or Audit Findings

Current through Register 1525, July 5, 2024
(1)
Reports of Possible Criminal
			 Violations
(a) When the Inspector
			 General has reasonable cause to believe that a person under investigation or
			 audit has violated state or federal criminal law, he shall so report and refer
			 relevant investigative or audit findings to the Attorney General for the
			 Commonwealth or appropriate United States Attorney.
(b) The Inspector General, may upon request
			 of the Attorney General for the Commonwealth or United States Attorney,
			 continue to provide investigative or other assistance subsequent to such report
			 and referral.
(c) Prior to such
			 time as the Inspector General has, through investigation or audit, developed
			 sufficient information to justify a report or referral of findings to the
			 Attorney General for the Commonwealth or the United States Attorney, he may
			 confer or consult with these officers or their designees as to the conduct or
			 scope of the investigation.
Code of Massachusetts Regulations › 945 CMR - OFFICE OF THE INSPECTOR GENERAL › Title 945 CMR 1.00 - Rules Of Procedure › Section 1.10 - Inspector General Reports

Current through Register 1525, July 5, 2024
(1)
Annual and Interim Reports on the Activity of the
			 Office
(a) In accordance with
			 M.G.L.c. 12A, § 12, the Office of the Inspector General shall file an
			 annual report. The Inspector General may, in addition, issue interim reports on
			 the activities of the Office, significant problems encountered and
			 recommendations for change.
(b)
			 Annual and interim reports shall be forwarded to the Governor, President of the
			 Senate, speaker of the House of Representatives, Chairman of the House and
			 Senate Committees on ways and means, the Executive Directors of the Legislative
			 Post-audit Committees and the Secretary of Administration and Finance and shall
			 be made available to the public.
(c) The Inspector General may issue special
			 reports relating to the prevention or detection of fraud, waste and abuse in
			 programs and operations within the jurisdiction of the Office. Such special
			 reports shall be disseminated to the public and, in addition, to the
			 responsible official or governing body of any public body which is the subject
			 of such report. In the case of a state agency, a copy of a special report shall
			 be forwarded to the appropriate state secretariat. Such special reports may
			 include specific recommendations of the Inspector General for policies and
			 practices which will assist in the prevention or detection of fraud, waste and
			 abuse.
(d) If any annual, interim
			 or special report of the Office of the Inspector General contains findings
			 critical of the practices, policies or procedures of any public body related to
			 the prevention or detection of fraud, waste or abuse, the Inspector General may
			 request a written response to such critical findings. The head or governing
			 body of a public body from whom the Inspector General requests a response shall
			 have 30 days from the date of issuance of the report to submit such a written
			 response. The response shall be forwarded to those officials to whom a copy of
			 the original report was disseminated.
(e) If any annual, interim or special report
			 of the Office of the Inspector General makes specific recommendations for the
			 elimination, modification, or implementation of the practices, policies or
			 procedures of any public body related to the prevention or detection of fraud,
			 waste and abuse, the Inspector General may require a periodic reporting from
			 the affected public body as to action taken in response to such
			 recommendations.
Code of Massachusetts Regulations › 945 CMR - OFFICE OF THE INSPECTOR GENERAL › Title 945 CMR 1.00 - Rules Of Procedure › Section 1.11 - Cooperation with Public Bodies and Private Entities

Current through Register 1525, July 5, 2024
(1)
Assistance to Public
			 Agencies
Upon request of a public body involved in the expenditure
			 of public funds or use of public property for the purpose of procurement of
			 construction, supplies or services, and subject to the availability of
			 resources, the Inspector General may provide assistance, including the
			 assignment of personnel, to assist such public body for the purpose of
			 formulating and implementing policies or procedures which will aid in the
			 prevention or detection of fraud, waste or abuse.
(2)
Development and
			 Recommendation of Policy
The Inspector General may recommend
			 policies for the coordination of efforts by public and private bodies to
			 prevent and detect fraud, waste and abuse. The Inspector General may convene ad
			 hoc or on going committees or task forces composed of representatives of public
			 bodies, private entities and individuals to advise and assist the Office in the
			 development of policies or procedures related to the prevention or detection of
			 fraud, waste and abuse.
(3)
Coordination with Investigative or Law Enforcement
			 Agencies
(a) To avoid duplication
			 of effort and maximize utilization of resources, the Inspector General may
			 enter into memoranda of understanding or other agreements with local, state or
			 federal investigative or law enforcement agencies. Such memoranda or agreements
			 may involve, but are not limited to, matters such as information sharing,
			 declination policy, cross designation of personnel, and coordinated or joint
			 investigations on co-jurisdictional investigations or audits.
(b) Any memoranda or agreement entered into
			 under 945 CMR 1.11(3)(a) shall incorporate as a condition of agreement that any
			 information, records or documents of the Office of Inspector General which are
			 provided by the Office to the cooperating investigative or law enforcement
			 agency shall be treated as confidential.
(c) When records of the Office of Inspector
			 General are shared in the course of an investigation or audit with a
			 cooperating investigative or law enforcement agency, officers, employees or
			 agents of such agency shall be bound by all statutes, rules or regulations
			 applicable to the Office regarding confidentiality of records, documents or
			 testimony.
Code of Massachusetts Regulations › 945 CMR - OFFICE OF THE INSPECTOR GENERAL › Title 945 CMR 1.00 - Rules Of Procedure › Section 1.12 - Requests for Information

Current through Register 1525, July 5, 2024
(1)
Public Information
All requests to the Office for
			 public records shall be directed to an Assistant Inspector General who shall
			 initially determine whether the requested documents are public records within
			 the meaning of M.G.L.c 4, § 7, clause 26. The Assistant Inspector General
			 shall make a written report to the General Counsel indicating the reasons for
			 the initial determination. If the General Counsel determines that the requested
			 documents are public records, he shall authorize inspection of such records by
			 the requesting party or release of a copy of such records to the requesting
			 party upon receipt of reimbursement for the costs of reproduction.
(2)
Non-Public
			 Information
All requests for records or documents not public
			 within the meaning of M.G.L. c .4, § 7, clause 26 and M.G.L. c. 12A,
			 § 13 shall be directed to the Inspector General who shall respond to such
			 request.
Code of Massachusetts Regulations › 945 CMR - OFFICE OF THE INSPECTOR GENERAL › Title 945 CMR 1.00 - Rules Of Procedure › Section 1.13 - Delegation by the Inspector General

Current through Register 1525, July 5, 2024
Unless otherwise prohibited by law, the Inspector General may
				delegate any power or function granted to him by statute, rule or regulation to
				any employee or agent of the Office as he deems proper for the necessary
				performance of his duties.