October 8, 2009

Creditable Service

Rule Permitting Board to Pro-Rate Part-Time Service

Pursuant to the authority vested in this Board by Mass.Gen.L. c. 32, secs., 4(2) and 5(3), the amount of creditable time that may be awarded to a member for part-time service shall be determined and prorated as follows:

Full-time service means not less than thirty-five (35) hours per week, or the actual number of hours in a week which the member regularly worked (excluding overtime and other, extraordinary service), whichever is greater.

Part-time service means less than thirty-five (35) hours per week.

For each week during any calendar year during which the member had part-time service (whether or not s/he was a member at the time), credit will be awarded on a proportional basis, i.e. on the proportion that the number of hours actually worked bears to thirty-five (35) hours, or such greater number of hours as actually constitutes full-time employment in the position involved. For example: if full-time employment in a particular job entails forty (40) hours of work, and if a member worked ten (10) hours in that job in a particular week, then the member will receive one-fourth (1/4) the credit for that week's work that would have been given to an employee working full-time in the same position. If such member worked ten (10) hours per week, every week, for four (4) years, the member would receive a total of one (1) full year of credit for the said four (4) part-time years.

This rule will apply in all situations where it is necessary to calculate a member's creditable time, including, but not limited to,

(i) where a member changes from part-time to full-time status;

(ii) where a member seeks to "buy back" creditable time for previous service; and (iii) where a member applies for superannuation retirement.

Nothing in this rule shall derogate from the requirement that an employee work a minimum of twenty (20) hours per week in order to qualify for membership in the Essex Regional Retirement System.

The burden of proving the amount of part-time service for which creditable time is claimed shall be on the member making the claim. No creditable service shall be awarded for any week as to which the member is unable to prove that he actually worked.

Notwithstanding any other provision of this rule, members who remain part-time employees throughout the entirety of their active membership, and for the time necessary to qualify them for a superannuation retirement pension, shall be deemed to have been full-time employees during the entirety of their employment and the amount of their pension shall be calculated on that basis.

This regulation shall not apply to the cases of reserve, permanent-intermittent police officers and fire fighters and call fire fighters.

August 2, 2004

In cases where overnight travel and accommodations are required, the Board is authorized to approve reimbursements related to reasonable and necessary expenses incurred the day before the scheduled event and the day after the scheduled event. “Scheduled event” is meant the event giving rise to the legitimate travel attendance.

September 24, 1996

Membership - Elected Officials

That if an elected official is not a member of the retirement system before their election by popular vote, they do not have to join the system; but they may join by applying for membership, in writing, within ninety (90) days of assuming their elective office.

September 24, 1996

Creditable Service

That a full-time employee will receive one (1) full year of creditable service for each year employed.  A 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.