Notice: While reasonable efforts have been made to assure the accuracy of this information, this is an unofficial version of the MTRS regulations, and is for informational use only. For the official, printed version, please contact the State Bookstore (see http://www.sec.state.ma.us/spr/sprcat/catidx.htm for more information).

   Section
   19.01: Definition of Out of State “Teacher”
   19.02: Principal, Supervisor or Superintendent
   19.03: Day School Under Exclusive Public Control and Jurisdiction
   19.04: Out of State Retirement Allowance

807-19.01. Definition of Out of State “Teacher”

   For purposes of Mass. Gen. Laws c. 32, § 3(4), a member may purchase service credit for out of state service as a “teacher” if, during such service, the member was required to have, and had, the qualifications of a teacher in that school in that state, and performed the duties of a teacher. More specifically, this means:

   (1) Public Schools. If the other state required certification, licensure, or other qualifications to be a public school teacher, the member was employed in a public school position that required such qualifications, and the member possessed such qualifications during his/her service.

   (2) Other Day Schools Under Exclusive Public Control and Supervision. The member was employed in a position that required whatever qualifications were needed for a teacher in that setting, and performed the functions of a teacher in that setting.

807-19.02. Principal, Supervisor or Superintendent

   The requirements of section 19.01 above also apply to out of state employment as a principal, supervisor, or superintendent.

807-19.03. Day School Under Exclusive Public Control and Jurisdiction

   For purposes of Mass. Gen. Laws c. 32, § 3(4), a “day school” is a school that is not a residential or boarding school, nor exclusively an evening school, and which provides a course of study leading to a diploma, GED, or credits transferrable to a public school.

807-19.04. Out of State Retirement Allowance

   (1) Mass. Gen. Laws c. 32, § 3(4) provides that no credit shall be allowed and no payment shall be accepted for any service for which the member shall be entitled to receive a retirement allowance from any other state.

   (2) For purposes of this proviso, the term “retirement allowance” means any out-of-state governmental defined benefit plan, or defined contribution plan offered in lieu of a defined benefit plan or as the sole retirement plan but not as a supplemental plan, in which a member is eligible to receive, or has received, a benefit based in whole or in part upon employer contributions.

   REGULATORY AUTHORITY: 807 CMR 19.00: M.G.L. c. 15, §16; M.G.L. c. 32, §§ 3(4), 20(5)(b)