Berkshire County Retirement Board Supplemental Regulations

Date

Subject Regulation
February 10, 2011 Membership - Under $5,000 Any employee, whether hired, appointed or an elected official whose annual salary for the position is less than $5,000 shall not be eligible for membership in the Berkshire County Retirement Board.

August 23, 2010 Membership Any employee, whether hired or appointed whose annual salary for the position is less than $5,000 shall not be eligible for membership in the Berkshire County Retirement Board.

April 8, 2010

Membership

Any employee of a member town or District employed for 20 hours a week or more, on a temporary, provisional, temporary provisional or similar basis shall, upon completion of six consecutive months of service become a member in service of the system.

Please be advised that employees who are not entitled to membership in the retirement system, like those impacted by the above regulations, must participate in the alternative retirement plan for such employees.

July 25, 2007

Creditable Service

If a member is reduced to less than 20 hours per week and the reduction in hours is permanent or reduction last more than 90 days creditable service will be prorated. Creditable service will be prorated based on a 35 hour work week and proration will begin on the date hours were reduced to less than 20 per week. Proration will continue until the member is reinstated or rehired permanently to a position of 20 hours or more per week.

Buybacks of prior ineligible service by members of the Berkshire Regional Retirement System will be prorated based on 35 hours. (Amended from 40 hours)

July 25, 2007

Buybacks

A stipend by itself does not meet the eligibility requirements for enrollment in the retirement system.

A current member in the Berkshire County Retirement System, whose only employment is a stipend position shall accrue creditable service of 1 month for each year (12 months) in that position.

Definition of a stipend

A definite amount paid at stated periods in compensation for services or as an allowance, with no stated or fixed amount of hours required for payment of stipend. Stipends are usually lower than what would be expected as a permanent salary for similar work.

The above noted regulation can only be applicable to service before July 1, 2009 or for service after July 1, 2009, if such service is subject to a specified term as a result of an election, appointment or contract and the election, appointment or contract occurred or was executed prior to July 1, 2009, and if the service is otherwise eligible for creditable service under Chapter 32 of the General Laws; and provided further, that such creditable service shall be granted until the expiration of the term, appointment or contract or July 1, 2012, whichever first occurs.

November 8, 2002

Buy Backs for ineligible
members and non members

1. The Berkshire Regional Retirement Board will not accept liability for non members of the Berkshire Regional Retirement System for buybacks of noneligible service and/or service in which the non-member had the right to join the retirement system but did not join.

2. Buybacks of prior ineligible service by members of the Berkshire Regional Retirement System will be prorated based on 40 hours.

May 16, 2002

Buy Backs

Payments for approved buybacks will be accepted on an annual basis, one payment annually in the month of December, until the buyback is complete.

February 16, 1996

Buy-Backs

A member will be allowed to make a buyback or repayment of a refund over a period of time, not to exceed 5 years provided, that the member files with the board a formal application form which the board will provide

March 16, 1993

Membership Requirement

All employees including elected officials, requesting membership in the retirement system are required to submit a pre-employment physical examination report which shall be filed as a permanent record with the retirement board.  The cost of the physical examination will be the responsibility of the employee.  (Revises rule #3 which had been approved December 21, 1984).

February 1, 1989

Membership

All employees, including police officers and fire fighters, must work 20 hours per week to meet the requirements for membership.  (Replaces former rule #4, which was repealed by this same letter).

February 13, 1985

By-laws of County Retirement Board Advisory Council

10. By-laws pertaining to name; authority; membership; officers and their election; duties of officers; meeting; parliamentary authority; and amendment to by-laws.

December 21, 1984

Board Staff

9. Board staff who are applying for disability retirement allowances shall be precluded from access to such disability application, other than that in which any other applicant would have.

December 21, 1984

Board Staff

8. Board may appoint an Executive Secretary who is to be in full charge of all retirement board employees.  Such executive secretary’s responsibilities may include, but not be limited to, directing coordinating and supervising the retirement board staff.

December 21, 1984

Public Records

7. The financial and medical records of members of the retirement system are not public records.

December 21, 1984

Injury Reports

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

December 21, 1984

Membership

5. Elected officials who are not members of the retirement system before their election by popular vote do not have to join the system; but may join by applying for membership, in writing, within 90 days after assuming office.

December 21, 1984

Membership

4. Police officers and firefighters, if they are employed on a regular basis by a town, even though they may work less than the required twenty hours per week, and are paid with monies appropriated by the town for salaries, shall become members.  REPEAL approved by letter dated February 1, 1989.

December 21, 1984

Membership Requirement

3. No Group 4 employee who seeks to join the retirement system will be accepted without a complete up-to-date medical and physical report filed as a permanent record with the retirement board.  REVISION approved by letter dated March 16, 1993)

December 21, 1984

Creditable Service

2. Full time employees to receive 1 year of creditable service for each year employed.  Part time employee whose position has always been part time is granted full creditable service.  A part time employee who becomes full time has the part time service prorated. Underscored language repealed by regulation approved 3/19/97.

December 21, 1984

Membership

1. An employee must work a minimum of 20 hours per week to meet the requirements for membership