Adams Retirement Board Supplemental Regulations

October 2, 2002

Definitions of Full
and Part Time Service

Definitions

Full Time Service – Service while an employee having established hours of work consisting of a minimum of 30 hours per week for 36 weeks per year.

Part Time Service – Service while an employee having established hours of work consisting of less than 30 hours per week for 36 weeks per year.

June 6, 2002

Buy Backs &
Creditable Service

Buy Backs

Active Members may buy back regular full time, regular part time, provisional full time, provisional part time, temporary full time, temporary part time, seasonal full time or seasonal part time service.

Inactive Members may buy back regular full time and regular part time service.

Active Members may make lump-sum payments or weekly payroll deductions of not less than twenty dollars ($20.00) per week. Interest due will be recalculated during the month of January and the member will be notified of the change. At no time shall the length of time allowed for payroll deductions exceed five (5) years. The buyback of service must be completed prior to retirement. …

Inactive members must make lump-sum payments.

Creditable Service

The Board will accept liability on a prior member for only full time and part time regular service.

Definitions

Full Time Service – Service while an employee having established hours of work consisting of a minimum of 35 hours per week for 52 weeks per year.

Part Time Service – Service while an employee having established hours of work consisting of less than 30 hours per week for 52 weeks per year.

Regular Service – Service while an employee that is appointed for a fixed period of time with a reasonable expectation of reappointment for continuing periods of time.

Temporary Service – Service while an employee that is appointed for a fixed period of time, not to exceed 8 months to replace employees who might be absent for extended periods.

Seasonal Service – Service while an employee that is appointed for a fixed period of time due to conditions caused by increased workload.

Provisional Service – Service while an employee that is appointed through a noncompetitive process to a position for a period of time to prevent stoppage of public business or hazard or serious inconvenience to the public.

March 12, 2001

Board Pay

To receive compensation under MGL Chapter 32 Section 20 Paragraph 6, board members must attend the monthly board meetings. Failure to attend meeting, will be grounds for forfeiture of monthly stipend for that month.

Board members may receive compensation when their absences are excused by a vote of the Board for the following reasons:

a. work conflict,
b. illness of board member or immediate family,
c. vacation.

In order for the Board to grant an excused absence, the Board's Administrative Assistant or Chairman must be notified of the absence prior to the scheduled time of the meeting. The Board may grant an excused absence if notification is not received under extenuating circumstances.

Generally, board members will be granted only one (1) excused absence per calendar quarter, but may request more. The Board may, at its sole discretion, grant additional excused absences. The Board may refuse to grant an excused absence if the Board determines that the board member has a history of non‑attendance or flagrant abuse of excused absences.

This supplemental rule provides rules on receipt of the retirement board stipend and is consistent with the provisions of G.L. c. 32.

August 31, 1987

Membership

Full time permanent employees who work at least 35 hours per week and are under age 65 shall join the retirement system as of their date of employment.

August 31, 1987

Membership

Employees who work at least 20 but less than 35 hours per week must join within 6 months of their date of employment but may join at an earlier date at the discretion of the board.

August 31, 1987

Membership

Appointed officials who receive compensation of at least $5,000 per year may join within 90 days of each appointment.

August 31, 1987

Membership

Elected officials who receive compensation may join within 90 days of each election.

August 31, 1987

Membership

Temporary employees, employees who are normally scheduled to work less than 20 hours per week, and appointed officials who receive compensation of less than $5,000 per year are not eligible for membership.

August 31, 1987

Membership

The board shall have full jurisdiction to determine the eligibility of employees for membership in all cases involving part time, provisional, temporary, temporary provisional, seasonal or intermittent employment or service.

August 31, 1987

Creditable Service

Members who work at least 7 continuous months per year shall be credited with one year of service for each year worked.

August 31, 1987

Creditable Service

Members who work less than 7 continuous months shall be credited on a prorated basis.  For every 150 hours or portion thereof worked in a calendar year, a member shall receive credit for one month of service to a maximum of 12 months.

August 31, 1987

Creditable Service

Members who are elected officials shall be credited with one year of service for any time served within the calendar year.

August 31, 1987

Creditable Service

Members who are appointed/salaried employees shall be credited with service in accordance with their salary schedule.

August 31, 1987

Creditable Service

Members shall be credited with one month of service to a maximum of 60 months for each month that a reserve or permanent intermittent police officer was on his/her respective list and was eligible for assignment to duty subsequent to his/her appointment.

August 31, 1987

Creditable Service

Members who were full time employees who became part time or members who were part time employees and became full time shall have their part time service credited in the same manner as employees who work less than 7 continuous months.

August 31, 1987

Creditable Service

Approved unpaid leaves of absence of not more than 30 days per calendar year shall not affect creditable service.  Unapproved unpaid leaves of absence or approved unpaid leaves of absence in excess of 30 days per calendar year shall decrease creditable service for a like period.

August 31, 1987

Continuation of Membership

An employee, appointed official, or elected official who is presently a member of the system who would no longer be eligible for initial membership may at the member’s option, continue membership. Service will be credited in accordance with the rules established under the section entitled “creditable service”.

August 31, 1987

Buy Backs

Every member except as noted below shall have the option to buy back periods of service worked prior to his/her acceptance as a member of the Retirement System.

August 31, 1987

Buy Backs

Service shall be credited in accordance with the rules established under the section entitled “Creditable Service”.

August 31, 1987

Buy Backs

When buying back time, members must buy back entire blocks of previous service.

August 31, 1987

Buy Backs

Members seeking to buy back time must submit, in writing, dates and places of previous employment.  The Retirement Board will request all pertinent information from the appropriate agencies.

August 31, 1987

Changes in Employee Status

Member agencies must notify the retirement board within 90 days of any changes in employee status including workers’ compensation, position held, and hours in work week.

August 31, 1987

Injuries

All major injuries incurred due to employment must be reported in writing to the Adams Retirement board within 90 days of the accident.

August 31, 1987

Regular Compensation

Shall include: annual rate of compensation as shown in an approved salary schedule; educational incentives; longevity; shift differentials
Shall not include: unused vacation, sick leave or severance pay; amounts paid for hours worked beyond the normal work schedule; premiums for working holidays except as authorized by law; early retirement incentives; bonuses.

August 31, 1987

Disability Retirement Re-application

If the retirement board denies an application for accidental or ordinary disability, a similar application shall not be accepted within 1 year from the date of denial unless there is: new evidence; a new incident; aggravation of a pre-existing condition.

August 31, 1987

Advance Payments

Upon acceptance by the retirement board of the provisions of c. 32, § 99, members who have filed applications for retirement may receive advance payments not to exceed 75% of their estimated allowance during such a period as is necessary for the processing of such application.  Determination of such payments shall be made by the board of retirement.

August 31, 1987

Post Retirement Earnings

An accidental or ordinary disability retiree may not earn a sum that, when added to his/her retirement allowance, exceeds what the position from which he/she retired is presently paying plus $5,000.
On or before April 15 of each year, every person retired for disability shall file with the board a statement of earnings for the previous year subscribed to by him/her under penalties of perjury.  Failure to comply shall result in the withholding of allowance payments.

August 31, 1987

Annual Verification

Each retiree is required to annually file a certification of identification, signed under the penalties of perjury, with the retirement system.  Failure to comply may result in the withholding of allowance payments.

August 31, 1987

Benefits to Dependents Who Have Attained Age 18

Benefits will cease regardless of age upon the marriage of the dependent or the death of the dependent.

Dependent’s benefits cease at the age of 18 as stated in G.L. c. 32, § 12B unless the dependent is physically or mentally incapacitated from earning on the date of death of the member or if the dependent is a full time student.

Benefits are to be paid through date of graduation from college or through last day of schooling if the dependent does not complete college, provided that all such dependent benefits must cease at or before age 22, regardless of date of graduation or last day of schooling.

Benefits are to be paid through 18th birthday and resumed if dependent enters accredited educational institution with reimbursement made for summer months.

The parent/guardian will be contacted to provide the board with certification of attendance from the school and the parent/guardian will be informed regarding dependent’s student status.  Certification can only be made by the Registrar of the college or university or the chief administrative officer of the secondary school.

August 31, 1987

Public Records

The financial and medical records of the Adams Retirement System are not public records

August 31, 1987

Refunds of Accumulated Deductions

A member is eligible for a refund of his/her accumulated deductions under the following conditions:
1. The member permanently leaves the service and does not intend to take a position in the Commonwealth of Massachusetts subject to the provisions of ss. 1-28 of c. 32 of the general laws.
2. The member is an elected official whose term has expired and he/she is not eligible for a retirement allowance.
3. If a member’s retirement allowance amounts to less than $600 a year, he/she may receive a refund of his/her accumulated total deductions. If a member’s retirement allowance is less than $360 a year, he/she must receive a refund instead of an allowance.
4. The member is a veteran who entered the employ of any governmental unit prior to 7/1/39 and is retiring under ss. 56-60A of G.L. c. 32.
A member who entered service after 1/1/84 is eligible for a refund of interest credited to his/her total deductions according to the following schedule:
1. The member has less than 60 months (5 years) of creditable service and he/she VOLUNTARILY terminated, he/she will receive no interest credited to total deductions.
2. The member has 60 months (5 years) but less than 120 months (10 years) of creditable service, and he/she VOLUNTARILY terminated, he/she will receive 50% of the interest credited to total deductions.
3. The member has 120 months (10 years) or more of creditable service, or, if he/she was INVOLUNTARILY terminated, he/she will receive 100% of the interest credited to total deductions.
No refund will be given to a member who takes another position in the Commonwealth of Massachusetts subject to the provisions of ss. 1-28 of chapter 32.  Said accumulated total deductions will be transferred to the appropriate retirement system.
A member may not apply for or receive a refund if the member is currently subject to workers’ compensation.