reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 840 CMR - PUBLIC EMPLOYEE RETIREMENT ADMINISTRATION COMMISSION › Title 840 CMR 7.00 - Standard Rules for Elections › Section 7.04 - Nominations

Current through Register 1525, July 5, 2024
Any active or retired member of the appropriate system may
				qualify as a candidate by filing with the board a nomination paper or papers,
				containing the signatures and addresses of at least 20 active or retired
				members of the system. Nomination papers, in blank, shall be made available to
				candidates at least 90 days prior to the date of the election. The nomination
				paper or papers, containing the necessary number of qualified signatures and
				addresses shall be filed no later than 45 days prior to the date of the
				election. If the board determines that a candidate has filed nomination papers
				containing less than the required number of qualified signatures, the board
				shall declare the nomination papers invalid and shall notify the candidate of
				its determination.
Code of Massachusetts Regulations › 840 CMR - PUBLIC EMPLOYEE RETIREMENT ADMINISTRATION COMMISSION › Title 840 CMR 7.00 - Standard Rules for Elections › Section 7.05 - Election by Declaration

Current through Register 1525, July 5, 2024
If the board determines that only one candidate has been
				nominated, the board shall declare said candidate to be the elected member of
				the board, no election shall be held, and said candidate shall take office and
				serve in all respects as though he or she had been elected by
				election.
Code of Massachusetts Regulations › 840 CMR - PUBLIC EMPLOYEE RETIREMENT ADMINISTRATION COMMISSION › Title 840 CMR 7.00 - Standard Rules for Elections › Section 7.06 - Official Election Ballot

Current through Register 1525, July 5, 2024
If the board determines that more than one candidate has been
				nominated, the board shall immediately prepare an official election ballot.
				Qualified candidates shall be listed on the official ballot in an order
				determined by a random drawing of the names of the candidates. If the incumbent
				elected member is nominated, he or she has the right to be identified as such
				on the official ballot. The official ballot shall state the length of the term
				for which the candidates are running.
Code of Massachusetts Regulations › 840 CMR - PUBLIC EMPLOYEE RETIREMENT ADMINISTRATION COMMISSION › Title 840 CMR 7.00 - Standard Rules for Elections › Section 7.07 - Elections Conducted by Mail or at a Polling Place

Current through Register 1525, July 5, 2024
Elections shall be conducted either entirely by mail or at a
				polling place open for not less than ten hours, the time and place to be
				determined by the board. In elections conducted at a polling place, members
				shall cast their votes on the official ballot in person at the polling place
				except as provided in
				840 CMR
				7.08.
If the retirement board wishes to conduct its election via
				electronic means, the retirement board must submit a supplemental regulation to
				PERAC describing the electronic election process, and obtain PERAC's approval
				thereof not less than 120 days prior to the date of election.
Code of Massachusetts Regulations › 840 CMR - PUBLIC EMPLOYEE RETIREMENT ADMINISTRATION COMMISSION › Title 840 CMR 7.00 - Standard Rules for Elections › Section 7.08 - Absentee Ballots

Current through Register 1525, July 5, 2024
In elections conducted at a polling place members retired from
				service may vote by absentee ballot and an absentee ballot shall be mailed to
				each such member with notice of the election pursuant to
				840 CMR 7.03.
				A member in service and a member inactive may, upon timely request, vote by
				absentee ballot only if he or she:
(a)
			 will be absent from the city or town where the polling place is located during
			 the hours that it will be open;
(b)
			 will be unable to cast his or her vote in person on the day of the election for
			 reasons of religious belief; or
(c)
			 will be unable to cast his or her vote in person at the polling place by reason
			 of medical condition.
Requests for absentee ballots shall be in writing and shall be
				filed no later than seven business days before the election. Absentee ballots
				shall be counted only if received by the board no later than the time fixed for
				the closing of the polls on the day of the election.
Code of Massachusetts Regulations › 840 CMR - PUBLIC EMPLOYEE RETIREMENT ADMINISTRATION COMMISSION › Title 840 CMR 7.00 - Standard Rules for Elections › Section 7.09 - Tabulation of Ballots

Current through Register 1525, July 5, 2024
Ballots shall be tabulated only by persons designated by the
				board under the direction of the Election Officer. The board shall notify each
				candidate of the time and location of the tabulation of the ballots and shall
				permit all candidates, or their representatives, to be present at the
				tabulation. At least two individuals shall be responsible for counting the
				ballots.
Code of Massachusetts Regulations › 840 CMR - PUBLIC EMPLOYEE RETIREMENT ADMINISTRATION COMMISSION › Title 840 CMR 7.00 - Standard Rules for Elections › Section 7.11 - Preservation of Ballots

Current through Register 1525, July 5, 2024
All ballots received by the board, including those determined
				to be invalid, shall be preserved by the board for 60 days after finalization
				of ballot count by the Election Officer or Election Board.
Code of Massachusetts Regulations › 840 CMR - PUBLIC EMPLOYEE RETIREMENT ADMINISTRATION COMMISSION › Title 840 CMR 7.00 - Standard Rules for Elections › Section 7.12 - Simultaneous Elections

Current through Register 1525, July 5, 2024
Boards may hold a simultaneous election for the two elected
				members if the term of each elected member has expired or if both elected
				positions are vacant and if the two terms are equal. The board shall provide
				two separate ballots unless PERAC has approved a written request allowing for
				the use of one ballot.
Code of Massachusetts Regulations › 840 CMR - PUBLIC EMPLOYEE RETIREMENT ADMINISTRATION COMMISSION › Title 840 CMR 7.00 - Standard Rules for Elections › Section 7.13 - Terms

Current through Register 1525, July 5, 2024
The terms of the elected members of the board shall be for not
				more than three years. An elected board member serves until the qualification
				of his or her successor, even if that requires that he or she serve for longer
				than three years. In the event of a vacancy, the board must hold an election
				within 120 days from the date of vacancy. In such a situation, the board must
				determine before the election whether the newly elected member will serve for a
				three-year term or for the remainder of the vacant term.
Code of Massachusetts Regulations › 840 CMR - PUBLIC EMPLOYEE RETIREMENT ADMINISTRATION COMMISSION › Title 840 CMR 9.00 - Applicability Of $30,000 Salary Cap › Section 9.01 - Approval Required; Exceptions

Current through Register 1525, July 5, 2024
(1) No
			 decision to grant an application for retirement shall be sent to a member or
			 beneficiary unless the Public Employee Retirement Administration Commission
			 approves the decision pursuant to M.G.L. c. 32, § 21 or no action is taken
			 by the Commission:
(a) within 30 days of the
			 date the Commission is notified of a decision granting an application for
			 disability retirement; or
(b)
			 within 90 days of the date the Commission is notified of a decision granting
			 any other application for retirement.
Code of Massachusetts Regulations › 840 CMR - PUBLIC EMPLOYEE RETIREMENT ADMINISTRATION COMMISSION › Title 840 CMR 9.00 - Applicability Of $30,000 Salary Cap › Section 9.02 - Notice to Commission

Current through Register 1525, July 5, 2024
Notice to the Commission of a decision granting an application
				for retirement shall include a copy of the decision and all documentary
				evidence in the record that may be of assistance to the Commission including,
				without limitation, the following:
(1)
			 If the application is for superannuation retirement:
(a) the superannuation retirement allowance
			 form;
(b) the superannuation
			 calculation form; and
(c) a copy of
			 the member's deduction cards.
Code of Massachusetts Regulations › 840 CMR - PUBLIC EMPLOYEE RETIREMENT ADMINISTRATION COMMISSION › Title 840 CMR 9.00 - Applicability Of $30,000 Salary Cap › Section 9.03 - Benefit Calculations

Current through Register 1525, July 5, 2024
(1) Except as
			 provided by 840 CMR 9.03(2), all benefit calculations for retirement allowances
			 granted under the provisions of M.G.L. c. 32 shall be forwarded to the
			 Commission for approval in accordance with
			 840 CMR
			 9.02.
(2) Any retirement board may perform benefit
			 calculations on an automated system approved by the Commission. Except as
			 provided by 840 CMR 9.03(8), individual benefit calculations performed on an
			 automated system approved for performing such calculations shall be considered
			 approved and need not be forwarded to the Commission for approval.
(3) Any board may apply for approval of an
			 automated benefit calculation system by submitting a letter describing the
			 system together with the documentation for all system computer programs, a copy
			 of system procedures and samples of all categories of calculations to be
			 performed on the system. Upon receipt of a request for approval of an automated
			 benefit calculation system, the Commission shall inform the retirement board of
			 the protocol necessary to approve such system. No automated benefit calculation
			 system shall be considered approved unless the board has performed the
			 established protocol. No change shall be made in an approved automated system
			 without the approval of the Commission.
(4) Automated benefit calculation systems,
			 and changes in approved systems, will generally be approved if:
(a) System computer programs have the
			 capability of performing benefit calculations and storing, retrieving and
			 printing both detailed and summary information for all calculations performed
			 including, for each calculation, the member's:
name;
social security number;
sex;
creditable service;
final average salary;
date of birth;
date of retirement;
retirement type and option;
group;
beneficiary information (name, birthdate and
				relationship);
veteran status;
retirement allowance amount;
pension amount;
annuity amount;
dependency allowance;
worker's compensation information (if any).
(b) System procedures, including training and
			 support of system operators, are designed to minimize the risk of error and
			 loss of data.
(c) System and
			 non-system categories of benefit calculations are clearly identified and
			 provision is made for submitting any non-system categories of calculations to
			 the Commission in accordance with 840 CMR 9.03(1).
The following text is effective 09/29/00
Code of Massachusetts Regulations › 840 CMR - PUBLIC EMPLOYEE RETIREMENT ADMINISTRATION COMMISSION › Title 840 CMR 10.00 - Standard Rules for Disability Retirement › Section 10.01 - Definitions

Current through Register 1525, July 5, 2024
Unless a different meaning is plainly required by the context,
				words and phrases used in
				840 CMR 10.00 shall have the
				meanings assigned them by M.G.L. c. 32 and
				840 CMR 1.00:
Protection of Interests of Retirement System Members and Their
				Beneficiaries
and if no meaning is so assigned, they shall have their
				ordinary meanings.
Code of Massachusetts Regulations › 840 CMR - PUBLIC EMPLOYEE RETIREMENT ADMINISTRATION COMMISSION › Title 840 CMR 10.00 - Standard Rules for Disability Retirement › Section 10.02 - Purpose of Standard Rules: Retirement Board Policy

Current through Register 1525, July 5, 2024
The purpose of
				840 CMR 10.00 is to establish
				uniform standards and procedures to be applied by retirement boards in ordinary
				and accidental disability retirement proceedings and procedures under M.G.L. c.
				32, §§ 6, 7, 8 and 91A. It shall be the policy of the retirement
				board to make every reasonable effort to assist retirement system members to
				exercise all rights and obtain all benefits to which entitled and as authorized
				by the laws governing ordinary and accidental disability retirement, while
				protecting the retirement system and the public against claims and payments for
				disability retirement not authorized by law. In situations where a member is
				not receiving his or her salary, worker's compensation or injured in the line
				of duty benefits the retirement board should make every reasonable effort to
				expedite consideration of the disability application.
Code of Massachusetts Regulations › 840 CMR - PUBLIC EMPLOYEE RETIREMENT ADMINISTRATION COMMISSION › Title 840 CMR 10.00 - Standard Rules for Disability Retirement › Section 10.03 - Supplementary Rules: Approval by PERAC

Current through Register 1525, July 5, 2024
Any retirement board may promulgate supplementary rules for
				disability retirement but supplementary rules shall be consistent with
				840 CMR 10.00, shall conform
				to the standard for decision set forth in
				840 CMR
				10.04 and shall take effect only as approved
				by PERAC pursuant to
				840 CMR
				14.02:
Supplementary
				Rules
.
Code of Massachusetts Regulations › 840 CMR - PUBLIC EMPLOYEE RETIREMENT ADMINISTRATION COMMISSION › Title 840 CMR 10.00 - Standard Rules for Disability Retirement › Section 10.04 - Standard for Decision, Findings of Fact

Current through Register 1525, July 5, 2024
(1)
			 No retirement for ordinary or accidental disability shall be allowed unless the
			 retirement board, based upon substantial evidence, makes findings of the facts
			 upon which it relied in making its decision. The board must find that:
(a) The member is unable to perform the
			 essential duties of his position; and
(b) The inability is likely to be permanent;
			 and
(c) If the application is for
			 accidental disability retirement, that the incapacity is the natural and
			 proximate result of a personal injury sustained or hazard undergone while in
			 the performance of the member's duties at some definite place and some definite
			 time without serious and willful misconduct on the member's part; and
(d) The member should be retired.
Code of Massachusetts Regulations › 840 CMR - PUBLIC EMPLOYEE RETIREMENT ADMINISTRATION COMMISSION › Title 840 CMR 10.00 - Standard Rules for Disability Retirement › Section 10.05 - Proceedings; Parties; Representation; Record

Current through Register 1525, July 5, 2024
(1)
Proceedings
.
			 Disability proceedings include proceedings:
(a) For ordinary and accidental disability
			 retirement of members in service;
(b) For rehabilitation of members retired for
			 disability;
(c) For restoration to
			 active service of members retired for disability; and
(d) For modification of the retirement
			 allowance of members retired for disability.
Code of Massachusetts Regulations › 840 CMR - PUBLIC EMPLOYEE RETIREMENT ADMINISTRATION COMMISSION › Title 840 CMR 10.00 - Standard Rules for Disability Retirement › Section 10.07 - Information to Be Obtained from Member's Department Head or Employer

Current through Register 1525, July 5, 2024
Except as provided in
				840
				CMR 10.09, upon receipt of an application by
				a member for ordinary or accidental disability retirement, the retirement board
				shall request the statements required by 840 CMR 10.07 from the member's
				department head or employer. If the department head does not supervise the
				member, the department head's statement required by 840 CMR 10.07(1) shall be
				prepared by the member's direct supervisor and shall be counter-signed by the
				department head. The department head's statement shall be filed with the
				retirement board within 15 days of the date that the department head receives
				it.
(1)
Department Head's
			 or Employer's Statement
. The retirement board shall request a
			 statement from the member's department head or employer.
(a) Providing a job description for the
			 member's job and describing the member's duties and responsibilities;
(b) Specifically identifying the essential
			 duties of the position;
(c)
			 Describing any particular physical or mental requirements prescribed for the
			 position;
(d) Providing any medical
			 records in the member's personnel file relating to the member's physical
			 condition at the time of the member's employment or thereafter, which shall
			 include any record of a pre-employment physical, any record relating to
			 in-service physical examinations and all medical records relating to the
			 disability claimed;
(e) Providing
			 any records of the member's education and training or of the member's
			 qualifications;
(f) Describing the
			 specific duties the member cannot or may not be able to perform as a result of
			 the disability or incapacity claimed;
(g) Stating whether, in the department head's
			 or employer's opinion the member may be able to perform the essential duties of
			 the member's job.
(h) If the
			 application is for an accidental disability retirement, describing the event,
			 accident or hazard undergone upon which the disability is being claimed,
			 attaching copies of any and all injury or incident reports, and the statements
			 of any witnesses to the injury or incident and providing any other information
			 which may bear upon the cause of the member's claimed disability;
(i) Stating whether the position is
			 classified under civil service;
(j)
			 Stating whether the member's claimed disability is a result of any misconduct
			 on the part of the member.
Code of Massachusetts Regulations › 840 CMR - PUBLIC EMPLOYEE RETIREMENT ADMINISTRATION COMMISSION › Title 840 CMR 10.00 - Standard Rules for Disability Retirement › Section 10.09 - Investigation of Facts; Denial of Certain Applications; Appeal

Current through Register 1525, July 5, 2024
(1) The retirement board shall obtain any
			 pertinent information known to exist without regard to the five year time
			 periods stated in
			 840
			 CMR 10.06(1)(g)3., 5. and
			 6., including any record listed in
			 840
			 CMR 10.06(1)(g)  relating to
			 an application for ordinary or accidental disability retirement and shall
			 conduct such investigation as may be necessary to determine the
			 facts.
(2) At any stage of a
			 proceeding on an ordinary or accidental disability retirement application the
			 retirement board may terminate the proceeding and deny the application if it
			 determines that the member cannot be retired as a matter of law.
(3) If the retirement board decides to deny
			 an application under 840 CMR 10.09, notice of the decision, basis for the
			 board's decision, and right to appeal shall be sent to all parties as provided
			 by
			 840 CMR
			 10.13(3).
Code of Massachusetts Regulations › 840 CMR - PUBLIC EMPLOYEE RETIREMENT ADMINISTRATION COMMISSION › Title 840 CMR 10.00 - Standard Rules for Disability Retirement › Section 10.11 - Notice of Medical Panel Findings; Further Examination by Medical Panel; Denial of Application; When Hearing Shall Be held by the Retirement Board

Current through Register 1525, July 5, 2024
(1) Within 30 days of receipt of a medical
			 panel report by the retirement board or, in the case of separate examinations,
			 30 days of receipt of the last of the three separate reports, the retirement
			 board shall notify the parties of the panel's findings, and provide the member
			 with a copy of all certificates and documents completed by the medical panel
			 physicians.
(2) If upon review of a
			 medical panel report by the retirement board, or in the case of separate
			 examinations, any individual report, the retirement board determines that
			 additional information or further clarification is needed from the medical
			 panel, the board shall request such information from PERAC, who shall forward
			 such request to the medical panel. The medical panel shall provide the
			 clarification within 60 days of receipt of the request. At the request of the
			 retirement board, PERAC shall assist the retirement board in obtaining whatever
			 information is deemed necessary. Following this initial request for
			 clarification, PERAC shall decide whether any further board requests for
			 clarification are warranted and, if further clarification is denied, PERAC
			 shall notify the board in writing of the reasons therefore.
(3) If the medical panel findings preclude
			 retirement for the disability claimed, the retirement board shall either deny
			 the application or, if it determines that further examination by a medical
			 panel may be warranted, the retirement board shall petition PERAC to schedule a
			 new examination by a medical panel, stating the circumstances warranting a new
			 examination. If PERAC grants a request for a new medical panel, the retirement
			 board shall proceed as provided in
			 840 CMR
			 10.08(6). If PERAC declines
			 to schedule a new examination, it shall so notify the retirement board and the
			 retirement board shall deny the application. Notice of the decision and right
			 to appeal shall be sent to all parties as provided by
			 840 CMR
			 10.13(1)(c).
(4) If the medical panel findings permit
			 retirement for the disability claimed, the retirement board shall determine
			 whether or not to approve the application. A hearing may be held on any
			 disability retirement application and shall be held upon request of the member.
			 The retirement board shall hold a hearing on any involuntary disability
			 retirement application where a hearing is timely requested by the member. If a
			 hearing is held notice shall be given and the hearing shall be held as provided
			 in
			 840 CMR
			 10.12.
Code of Massachusetts Regulations › 840 CMR - PUBLIC EMPLOYEE RETIREMENT ADMINISTRATION COMMISSION › Title 840 CMR 10.00 - Standard Rules for Disability Retirement › Section 10.13 - Decision

Current through Register 1525, July 5, 2024
In all disability proceedings the decision of the retirement
				board shall be based exclusively on the record of the hearing or, if there is
				no hearing, on the record of the proceeding. A written decision shall be made
				as soon as administratively feasible and copies of the decision shall be sent
				to all parties as provided in 840 CMR 10.13.
(1)
Proceedings for Disability
			 Retirement
. In proceedings for disability retirement the
			 retirement board shall determine whether the member is eligible for disability
			 retirement under M.G.L. c. 32, § 6 or 7, or under another section of
			 general or special law, and under the standard set forth in
			 840 CMR
			 10.04. In no event shall the decision be
			 later than 180 days after the completed application for disability retirement
			 is filed pursuant to
			 840
			 CMR 10.06, unless an extension is granted by
			 PERAC under M.G.L. c. 32, § 6(4) or § 7(6).
(a)
Decision to Grant
			 Application: Information to Be Sent to PERAC
. If the retirement
			 board decides to grant an application for disability retirement, a copy of the
			 decision approved and signed by the voting members of the board shall be sent
			 to PERAC on the appropriate form together with a statement of the facts found
			 by the retirement board and all of the documentary evidence in the record that
			 may be of assistance to PERAC including, without limitation, the following:
1. The certificate of the member's
			 physician;
2. For accidental
			 disability claims, copies of any injury reports filed with the retirement board
			 or the member's employer;
3. All
			 descriptions of the member's duties;
4. All documents prepared by the member in
			 connection with the application, including the member's statement of
			 background, qualifications and physical activities;
5. All documents prepared by the employer in
			 connection with the application, including the employer's statement;
6. For accidental disability claims, the
			 member's statement of circumstances of personal injury or hazard
			 undergone;
7. All documents
			 prepared by the retirement board in connection with the application;
8. The certificate(s) of the medical panel,
			 including any and all correspondence from the medical panel.
Code of Massachusetts Regulations › 840 CMR - PUBLIC EMPLOYEE RETIREMENT ADMINISTRATION COMMISSION › Title 840 CMR 10.00 - Standard Rules for Disability Retirement › Section 10.15 - Restoration to Service

Current through Register 1525, July 5, 2024
(1) The examination
			 of a member previously retired for disability shall consist of the following
(a) If after an evaluation pursuant to M.G.L.
			 c. 32, § 8 and
			 840 CMR
			 10.14 it is determined that a retired member
			 is able to perform the essential duties of the position from which he or she
			 retired or a similar job within the same department for which he or she is
			 qualified without a medical or vocational rehabilitation program, or after the
			 completion of a rehabilitation program as provided in
			 840 CMR
			 10.19, PERAC shall appoint a medical panel
			 ofthree physicians to examine the member separately to determine the scope of
			 the member's mental physical capabilities and whether the member is able to
			 perform the essential duties of his or her job or the essential duties of a
			 similar job within the same department given the member's condition.
(b) The panel shall consist of a physician
			 skilled in the particular branch of medicine or surgery that would encompass
			 the condition for which the member retired and such other physicians as PERAC
			 determines necessary to determine the scope of the member's capabilities and
			 whether the member is able to perform the essential duties of his or her job or
			 the essential duties of a similar job within the same department given the
			 member's condition.
(c) All
			 proceedings related to the return to service examination including, but not
			 limited to, notice of the return to service examination, medical tests to be
			 performed thereat, attendance, rescheduling, confidentiality and certification
			 of panel findings shall be done in accordance with and pursuant to
			 840 CMR
			 10.10, .11 and .14.
(d)
Re-evaluation of Retiree Able
			 to Perform the Essential Duties of His or Her Position
. When a
			 retiree is found able to perform the essential duties of the position from
			 which he or she retired, PERAC will notify the retiree, the retirement board,
			 the employer, and the Commonwealth's Division of Human Resources. Some time may
			 pass before a position becomes available and the retiree is actually restored
			 to service. In the interim, a PERAC case manager and a physician selected by
			 PERAC will monitor the retiree's medical status. Every six months, the retiree
			 will be asked to complete and return a health questionnaire to PERAC. The
			 retiree may also be re-evaluated by a comprehensive medical evaluation
			 physician upon any significant change in his or her medical condition and
			 before returning to work. The goal is to assess the retiree's medical readiness
			 to return to work and to minimize the possibility of missing a retraining
			 opportunity.
Code of Massachusetts Regulations › 840 CMR - PUBLIC EMPLOYEE RETIREMENT ADMINISTRATION COMMISSION › Title 840 CMR 10.00 - Standard Rules for Disability Retirement › Section 10.17 - Modification of Retirement Allowance and Fair Amount of Outside Earnings and Potential Earnings Pursuant to M.G.L. c. 32, Section 8(3)

Current through Register 1525, July 5, 2024
(1) For purposes of 840 CMR 10.17, "regular
			 compensation" means, compensation received exclusively as wages by an employee
			 for services performed in the course of employment for his or her employer,
			 which would have been payable during the preceding year had the member
			 continued in service in the grade held by him or her at the time he or she was
			 retired.
(2) For purposes of
			 840 CMR 10.00, "potential
			 earnings" shall mean:
(a) For a disability
			 retiree who has been found able to return to his or her position, the amount
			 that would have been received had he or she been reinstated to active
			 service.
(b) For a disability
			 retiree who has completed a rehabilitation program, an amount that the member
			 can potentially earn will be determined as a part of the rehabilitation
			 program, after consideration of a disability retiree's functional capacity,
			 age, education, and experience.
Code of Massachusetts Regulations › 840 CMR - PUBLIC EMPLOYEE RETIREMENT ADMINISTRATION COMMISSION › Title 840 CMR 10.00 - Standard Rules for Disability Retirement › Section 10.18 - Evaluation for Rehabilitation Pursuant to M.G.L. c. 32, Section 8(1)(a)

Current through Register 1525, July 5, 2024
(1) PERAC, may require any member retired for
			 disability under the provisions of M.G.L. c. 32, §§ 6 and 7 to
			 participate in an evaluation to determine whether such member's return to his
			 or her former or similar job within the same department would likely be
			 expedited by participation in a medical or vocational rehabilitation program.
			 The retirement board shall provide such information as PERAC shall require to
			 assist it in determining whether a member shall be required to participate in a
			 rehabilitation evaluation.
(2)
			 PERAC may require an evaluation once per year during the first two year period
			 next succeeding the date of retirement and once in each three year period
			 thereafter, or at any time upon the written request by any disability retiree.
			 PERAC may excuse a member from an evaluation if it determines that such
			 examination is unwarranted based on the catastrophic nature of the member's
			 illness or injury. Any such determination must be in writing. No member will be
			 evaluated more frequently than once in any 12 month period.
(3) If PERAC determines that a retiree's
			 return to active service might be expedited by participation in a medical or
			 physical rehabilitation program, the retiree will be required to participate in
			 a rehabilitation evaluation. PERAC shall schedule an appointment or
			 appointments with rehabilitation evaluation specialists. The member shall be
			 given 14 days notice of the time(s) and place(s) of the evaluation(s). Notice
			 shall also be given to the retirement board.
(4) A rehabilitation evaluation may include
			 mental or physical examinations, vocational testing, meetings, and
			 consultations with medical professionals, including the member's treating
			 physician and vocational rehabilitation counselors as determined necessary by
			 the rehabilitation evaluation specialist.
(5) If a retired member refuses, without good
			 cause to submit to any evaluation, PERAC shall notify the appropriate
			 retirement board and that member's rights in and to the pension provided for in
			 M.G.L. c. 32, § 6 or § 7 shall promptly be terminated by the board.
			 The member shall first be given written notice and an opportunity to be heard
			 by the board with respect to such termination.
Code of Massachusetts Regulations › 840 CMR - PUBLIC EMPLOYEE RETIREMENT ADMINISTRATION COMMISSION › Title 840 CMR 10.00 - Standard Rules for Disability Retirement › Section 10.19 - Rehabilitation Pursuant to M.G.L. c. 32, Section 8

Current through Register 1525, July 5, 2024
(1) If following a rehabilitation evaluation
			 pursuant to
			 840
			 CMR 10.18, PERAC determines that a retired
			 member may benefit from rehabilitation program and that such a program is cost
			 effective, PERAC shall advise the retirement board of its
			 determination.
(2) The board shall
			 provide the member with a rehabilitation program consisting of services
			 appearing on a list of services approved by PERAC. All rehabilitation programs
			 will include a determination of the member's potential earnings, taking into
			 account the member's functional capacity, age, education, and experience. The
			 retirement board shall pay the costs of the program (less any amounts payable
			 under insurance policies of the member and less any scholarships or grants
			 otherwise available.).
(3) Any
			 member who is unreasonably denied access to such program may appeal such denial
			 to the Contributory Retirement Appeal Board.
(4) If a retired member fails to complete a
			 rehabilitation program without good cause, his or her rights in and to the
			 pension provided for in M.G.L. c. 32, § 6 or § 7 shall immediately be
			 suspended.
(5) Upon completion of
			 the rehabilitation program PERAC will notify the retirement board that a
			 medical panel examination will be scheduled to determine if the member can
			 perform the essential duties of the position from which he or she
			 retired.
(6) PERAC will appoint a
			 medical panel to examine the member to determine the scope of the member's
			 physical capabilities in light of the completed rehabilitation program and
			 whether the member is able to perform the essential duties of his or her job or
			 the essential duties of a similar job within the same department given the
			 member's condition.
(7) If a member
			 fails to appear at any required examination without good cause, all his or her
			 rights in and to the retirement allowance provided for in M.G.L. c. 32, §
			 6 or 7 shall be terminated by the board. The member shall first be given
			 written notice and an opportunity to be heard by the board with respect to such
			 termination.
Code of Massachusetts Regulations › 840 CMR - PUBLIC EMPLOYEE RETIREMENT ADMINISTRATION COMMISSION › Title 840 CMR 10.00 - Standard Rules for Disability Retirement › Section 10.21 - Essential Duties

Current through Register 1525, July 5, 2024
In connection with all applications for disability retirement
				and evaluations, re-evaluations or re-examination of disability retirees in
				connection with restoration to active service or participation in a
				rehabilitation program, a determination of the essential duties of the relevant
				job or position shall be made. The determination of what constitutes an
				essential duty of a job or position is to be made by the employer, based on all
				relevant facts and circumstances and after consideration of a number of
				factors. The employer will identify and delineate the duties the employer deems
				to be essential to the job or position under consideration.
The term "essential duties" as used in M.G.L. c. 32 and in all
				regulations promulgated by PERAC shall mean those duties or functions of a job
				or position which must necessarily be performed by an employee to accomplish
				the principal object(s) of the job or position. The essential duties of a
				position are those which bear more than a marginal relationship to the
				position. In making the determination as to whether a function or duty is
				essential, the employer shall consider and provide documentation to include,
				but not be limited to:
(a) The nature
			 of the employer's operation and the organizational structure of the
			 employer;
(b) Current written job
			 descriptions;
(c) Whether the
			 employer requires all employees in a particular position to be prepared to
			 perform a specific duty;
(d) The
			 number of employees available, if any, among whom the performance of the job
			 function can be distributed;
(e)
			 The amount of time that employees spend performing the function;
(f) Whether the function is so highly
			 specialized that the person in the position was hired for his or her special
			 ability to perform the function;
(g) The consequences of not requiring the
			 employee to perform the function;
(h) The actual experience of those persons
			 who hold and have held the position or similar position; and
(i) Collective bargaining agreements.
If the State Human Resources Division has promulgated or
				promulgates a list or description of essential duties for a position that is
				consistent with those of the member's position, the employer shall submit such
				list or description as the essential duties for the position in
				question.
Code of Massachusetts Regulations › 840 CMR - PUBLIC EMPLOYEE RETIREMENT ADMINISTRATION COMMISSION › Title 840 CMR 10.00 - Standard Rules for Disability Retirement › Section 10.22 - Failure to Provide Information or Documents, Violation of 840 CMR 10.00

Current through Register 1525, July 5, 2024
If a member of the retirement system willfully fails to provide
				information or documents required by the provisions of M.G.L. c. 32 or by
				840 CMR 10.00, his or her
				allowance may be suspended until such information or documents are provided.
				Failure to provide information or documents required by
				840 CMR 10.00 by any person,
				employer, governmental unit, retirement board, retirement board member or other
				entity shall be considered a violation of
				840 CMR
				10.00.
Code of Massachusetts Regulations › 840 CMR - PUBLIC EMPLOYEE RETIREMENT ADMINISTRATION COMMISSION › Title 840 CMR 12.00 - Service Between Age 65 › Section 12.01 - Notice to Members

Current through Register 1525, July 5, 2024
(1) No member may
			 continue in service after age 65 if the member is in an occupation or position
			 classification for which the personnel administrator determines by regulation
			 that age is a
bona fide
occupational qualification or is in
			 one of the following occupations or position classifications unless the
			 personnel administrator determines by regulation that age is not a reasonably
			 necessary
bona fide
occupational qualification:
(a) uniformed member of a paid fire
			 department;
(b) uniformed member of
			 a police department;
(c) member of
			 the department of fisheries and wildlife, as determined by the personnel
			 administrator;
(d) correctional
			 officer;
(e) permanent crash
			 crewman, crash boatman, fire controlman, or assistant fire controlman employed
			 at the General Edward Lawrence Logan International Airport.
Code of Massachusetts Regulations › 840 CMR - PUBLIC EMPLOYEE RETIREMENT ADMINISTRATION COMMISSION › Title 840 CMR 13.00 - Rollovers For Service Purchases And Buybacks › Section 13.01 - Acceptance of Pre-tax Rollovers from "Eligible Retirement Plans"

Current through Register 1525, July 5, 2024
The following provisions are intended to enable public
				employees in Massachusetts to take advantage of the expanded tax-deferred
				roll-over opportunities permitting the purchase of creditable service from
				assets held in other tax-deferred retirement plans.
(1) A Retirement Board may accept any portion
			 of an Eligible Rollover Distribution in payment of all or a portion of a
			 member's purchase of service credit or service buybacks pursuant to M.G.L. c.
			 32, §§ 1 through 28 and § 105. A Retirement Board may accept an
			 Eligible Rollover Distribution paid directly to the system in a Direct
			 Rollover. Rollovers from other permissible sources will be allowed to the
			 extent permitted by law, subject to any conditions, proofs, or acceptance the
			 Retirement Board deems appropriate.
(2) The following definitions shall apply to
			 840
			 CMR 13.01:
Direct Rollover
is a payment from an
				Eligible Retirement Plan specified by the member and made directly to the
				Retirement System.
Eligible Retirement Plan
is any
				program defined in Code Sections 401(a)(31) and 402(c)(8)(B), from which the
				member has a right to an Eligible Rollover Distribution, as follows:
(a) an individual retirement account under
			 Code Section 408(a);
(b) an
			 individual retirement annuity under Code Section 408(b) (other than an
			 endowment contract);
(c) a
			 qualified plan under Code Sections 401(a) or 403(a);
(d) an eligible deferred compensation plan
			 under Code Section 457(b) which is maintained by a state, a political
			 subdivision of a state, or any agency or instrumentality of a state or a
			 political subdivision of a state; and
(e) an annuity contract under Code Section
			 403(b); and
(f) a SIMPLE IRA,
			 provided that the rollover contribution is made after the two-year period
			 beginning on the date the distributee first participated in any qualified
			 salary reduction arrangement maintained by the distributee's employer under
			 Code § 408(p)(2), as described in Code § 72(t)(6).
Eligible Rollover Distribution
is any
				distribution of all or any portion of the balance to the credit of the member
				from an Eligible Retirement Plan. An Eligible Rollover Distribution does not
				include:
(a) any distribution that is
			 one of a series of substantially equal periodic payments (not less frequently
			 than annually) made for the life (or life expectancy) of the member or the
			 joint lives (or joint life expectancies) of the member and the member's
			 designated beneficiary, or for a specified period of ten years or
			 more;
(b) any distribution to the
			 extent such distribution is required under Section 401(a)(9) of the Internal
			 Revenue Code ("Code");
(c) any
			 distribution which is made upon hardship of the member; or
(d) the portion of any distribution that is
			 not includible in gross income.
Code of Massachusetts Regulations › 840 CMR - PUBLIC EMPLOYEE RETIREMENT ADMINISTRATION COMMISSION › Title 840 CMR 13.00 - Rollovers For Service Purchases And Buybacks › Section 13.02 - Acceptance of After-tax Rollovers from "Qualified Defined Benefit Retirement Plans"

Current through Register 1525, July 5, 2024
840 CMR 13.02 is intended to
				implement the provisions of § 822 of the Pension Protection Act of 2006
				(PPA) and to enable public employees in Massachusetts to roll-over after-tax
				amounts from other defined benefit retirement plans qualified pursuant to Code
				§ 401(a) if the Massachusetts retirement system accepts such
				rollovers.
A Retirement Board may accept direct rollovers of after-tax
				funds from a qualified defined benefit plan (Code § 401(a) or §
				403(b)). If such rollovers are permitted, the after-tax amounts must be
				accounted for separately. Retirement Boards are not required to accept such
				transfers.
Code of Massachusetts Regulations › 840 CMR - PUBLIC EMPLOYEE RETIREMENT ADMINISTRATION COMMISSION › Title 840 CMR 14.00 - Applicability Of Commission's Rules Supplementary Rules › Section 14.01 - Commission's Rules

Current through Register 1525, July 5, 2024
Rules of the Public Employee Retirement Administration
				Commission shall apply to all retirement boards except as otherwise provided by
				the Commission or by supplementary rules of a particular retirement board
				approved by the Commission pursuant to
				840 CMR
				14.02.
Code of Massachusetts Regulations › 840 CMR - PUBLIC EMPLOYEE RETIREMENT ADMINISTRATION COMMISSION › Title 840 CMR 14.00 - Applicability Of Commission's Rules Supplementary Rules › Section 14.02 - Supplementary Rules

Current through Register 1525, July 5, 2024
(1) Any retirement
			 board may request the Commission to approve rules applicable to that board
			 which supplement the provisions of the Commission's rules. Supplementary rules
			 will generally be approved if
(a) they are
			 consistent with the Commission's rules or good cause exists for an exception to
			 the Commission's rules;
(b) their
			 purpose cannot conveniently be accomplished by amendment of the Commission's
			 rules; and
(c) they have been the
			 subject of a public hearing before the board for which reasonable notice has
			 been given
Code of Massachusetts Regulations › 840 CMR - PUBLIC EMPLOYEE RETIREMENT ADMINISTRATION COMMISSION › Title 840 CMR 15.00 - Miscellaneous › Section 15.01 - Attestation of Retired Members and Beneficiaries

Current through Register 1525, July 5, 2024
(1) No less frequently than once every two
			 years, each retirement board shall require each member or beneficiary who
			 receives a pension, retirement allowance, or survivor's allowance to file with
			 the retirement board an attestation under the penalties of perjury, at such
			 time and in such form as the board shall prescribe, containing the following
			 information:
(a) the name of the member or
			 beneficiary;
(b) the current
			 address of the member or beneficiary;
(c) a statement certifying that the member or
			 beneficiary is currently living;
(d) a statement describing the beneficiary's
			 current marital status where marital status is relevant to continued receipt of
			 benefits;
(e) a statement
			 describing the beneficiary's current dependency status where dependency is
			 relevant to continued receipt of benefits; and
(f) such additional information as the board
			 may require to determine whether the member or beneficiary is entitled to
			 continued receipt of benefits.
Code of Massachusetts Regulations › 840 CMR - PUBLIC EMPLOYEE RETIREMENT ADMINISTRATION COMMISSION › Title 840 CMR 15.00 - Miscellaneous › Section 15.02 - Purchase of Prior Membership Creditable Service; Purchase of Creditable Service for Nonmembership Service; Rates of Contribution Upon Return to Active Service

Current through Register 1525, July 5, 2024
(1)
Purchase of Prior Membership Creditable Service
. Any
			 member authorized by law to purchase prior creditable service may purchase such
			 service by paying an amount equal to the accumulated regular deductions
			 withdrawn by the member, together with the appropriate statutorily defined
			 interest. Any member may make a lump sum payment or installment payments over a
			 period not exceeding five years and may, with the approval of the board, make
			 installment payments over a period exceeding five years.
(2)
Purchase of Non-membership
			 Creditable Service
. Upon submission of documentation satisfactory
			 to the retirement board and consistent with M.G.L. c. 32, a member will be
			 allowed to purchase creditable service for periods of non-membership
			 employment. The amount of creditable service that may be purchased shall be
			 determined by the retirement board in a manner consistent with the retirement
			 board's supplementary regulations that have been approved by PERAC pursuant to
			 840 CMR 14.00:
Applicability of Commissioner's Rules; Supplementary
			 Rules
. 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.
(3) If more than one type of purchase is
			 available, the member can choose which type of service they wish to purchase.
			 Additionally, if the member can complete both a purchase of non-membership and
			 membership service, the member has the option to choose which to complete
			 first.
(4)
Rates of
			 Contribution upon Return to Active Service
. The rates of
			 contribution for members formerly in service who have returned to the service
			 of the same or another governmental unit shall be as follows:
(a) for any member who contributed to a
			 retirement system and did not receive a refund of accumulated deductions when
			 he or she left service, the contribution rate upon the member's return to
			 service shall be the same rate as the member was contributing at the time he or
			 she left service;
(b) the
			 contribution rate for any member who contributed to a retirement system, and
			 received a refund of accumulated deductions after termination of service, shall
			 be the contribution rate in effect when the member re-established membership,
			 whether or not the member purchases prior creditable service.