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.
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)