Framingham Retirement Board Supplemental Regulations

Subject:

Regulation:

MEMBERSHIP:

 

 

September 17, 2010: I. MEMBERSHIP ELIGIBILITY:
A. Employees of any member unit of the Framingham Retirement System who are regularly employed in a permanent position for a minimum of 20 hours per week and who earn a minimum of $5,000 per year must become members of the System.

B. Employees of any member unit of the Framingham Retirement System who are provisional, seasonal, temporary or intermittent, and who are regularly employed in a position for a minimum of 20 hours per week for a period of six consecutive months, and who earn a minimum of $5,000 per year, must become members of the system at the conclusion of the six-month period. Such members shall be allowed to purchase prior non-membership service.

C. Employees of any member unit of the Framingham Retirement System working fewer than 20 hours per week are ineligible for membership.

D. Employees, elected and appointed officials of any member unit of the Framingham Retirement System earning less than $5,000 per year are ineligible for membership.

September 9, 1993: That employees of the HUD grant “Secretaries Special Project-School Drop Out Prevention Activity Grant” be eligible for membership in the Framingham Retirement system if employed 20 hours per week and current employees shall continue their membership under this grant.

August 12, 1991: That seasonal employees will not be eligible for membership in the retirement system.

May 16, 1991: Membership That temporary full-time employees join the retirement system as of the date of their employment.

December 12, 1984: Effective April 1, 1981, all new employees who are employed a minimum of 20 hours per week, must become members of the Retirement System.

CREDITABLE SERVICE:

September 17, 2010: II. CREDITABLE SERV1CE:A. Members of the Framingham Retirement System who earn less than $5,000 per year and who established membership prior to July 1, 2009 shall continue to be members of the system.  The regular compensation of such member shall be subject to retirement withholdings, but such member shall not accrue creditable service after July 1, 2009, except that, such member who on said date was serving in an elected or appointed term of office or employment shall continue to be credited with service until the expiration of said term of office or employment, but not thereafter.

B. Members of the Framingham Retirement System shall be credited with one year of service for each year of employment of not less than 20 hours per week, or yearly proportion thereof. If the member’s hours of employment fall below 20 hours per week, the member shall be credited with one-half year of creditable service, or yearly proportion thereof.

C. Creditable service may be allowed for any period of approved leave of absence without regular compensation which is not in excess of one month, upon petition to the Board by the member.  Any portion of any period of continuous leave of absence of any member without regular compensation which is in excess of one month shall not be creditable service.
II. CREDITABLE SERV1CE:
This regulation shall apply to creditable service calculated for member buybacks, membership transfers to other Massachusetts retirement systems and retirement benefit calculations for members of the Framingham Retirement System who retire on or after the effective date of this regulation.

December 29, 1997: Full time service shall be based on the individual department’s hourly requirement for full time service. Part-time service shall be based on actual hours worked that are less than the department’s required full time hours, to be prorated only on the conditions listed below:
A Part-time employee shall be granted one year of creditable service for each calendar or school year worked and upon retirement the allowance shall be based on their average highest consecutive three-year salary.
A full time employee who takes a part-time position in the last years, prior to retirement, shall have the part-time service prorated. A part-time employee who takes a full time position prior to retirement shall have the part-time service prorated and the retirement allowance based on their highest consecutive 36-month salary.
A part-time employee who takes a full time position in the last three years prior to retirement shall have the part-time service prorated and the retirement allowance based on the average of their highest consecutive three-year salary. Part-time employees who were never employed on a full time basis shall have a retirement allowance calculated on the basis of one year of credit for each year worked and the retirement allowance based on the average of their highest consecutive three year salary. (NOTE: This rule is repeated twice in the Board’s letter of October 23, 1997.)
Part-time employees who transfer their service to another municipality shall be given creditable service, prorated, based on actual service rendered. Part-time employees who take a refund and then take a position in another municipality, upon their request to repay the funds, shall be given creditable service, prorated, based on actual service rendered.

September 4, 1997: Veterans’ Buy-Back: All veterans, eligible under chapter 71 of the acts of 1996, shall have the following options on the purchase of their military time. Payment may be made in a lump sum or through payroll deductions for a period of up to five (5) years. Payment must be received in a lump sum prior to retirement or resignation. Veterans with a legitimate hardship in purchasing their military time through the above methods can request a hearing before the Retirement Board.

December 16, 1996: Buy-Backs: A member must have worked a minimum of twenty (20) hours per week for a buyback or make up payment of non-membership service. Creditable service will be prorated as it bears against full time service.

REGULAR COMPENSATION:

January 16, 1996: That the stipend paid to members of the hazardous materials response team be considered regular compensation for retirement purposes.

August 16, 1995: That the annual stipend for superintendents shall be considered a payment in lieu of overtime compensation and therefore, not considered regular compensation for retirement purposes.

May 3, 1995: The stipends being paid on a monthly basis to the Parking Commissioner and the hearing officer shall be considered regular compensation for retirement purposes.

May 26, 1994: That the $50 safe driver award for bus drivers who have been accident free for four years not be included as regular compensation for retirement purposes.

May 26, 1994: That the $150 stipend awarded to assistant teachers and secretaries not be included as regular compensation for retirement purposes.

September 29, 1993: The Hazardous Material Training Stipend, which is 2% of the base salary and is paid once a year in December, shall be considered regular compensation for retirement purposes effective July 1, 1992.

September 29, 1993: The EMT Pay and Training effective July 1, 1993, which was increased $250 for an EMT FF in the top step and a payment of $750 for all other EMT’s be considered regular compensation for retirement purposes.

September 29, 1993: The Defibrillator Training pay of $100, which is paid annually, be considered regular compensation for retirement purposes.

September 23, 1991: That training pay which is a percentage of base pay and paid as part of a weekly salary be considered regular compensation for retirement purposes

March 19, 1991: That uniform allowance being paid to various departments not be considered regular compensation for retirement purposes as the board is of the opinion that these are reimbursements for expenses or necessary costs of employment.

November 23, 1987: Educational increments paid to certain library employees shall not be considered regular compensation for retirement purposes due to the fact that it is a bonus which is not paid to everyone within the department, but only those who obtain the credits while in the employ of the Town and who are not required to have the credits for their position.

February 28, 1986: Regular Compensation: Merit payments are not considered regular compensation for retirement purposes but considered a bonus as this payment is not continuing in nature but a single payment over and above the normal salary due for the position.

 

MISCELLANEOUS:

December 29, 1997: Birth/Marriage/Death Records: That certified Birth certificates, marriage certificates and death certificates can be shown to the Retirement Board and a photo static copy will be made for the Retirement Office to be kept in the member’s folder.

December 5, 1997: Disability Applications: All disability applicants shall be responsible for the following:
• Payment of all charges for obtaining the medical records

June 6, 1990: Record Retention: That no original record from an employee or retiree folder be permitted to leave the retirement office.

October 28, 1987: Membership/Federal Grant Employees: Those employed in a non-teaching position for a minimum of 20 hours per week under Chapter 188 shall become members of the Retirement System and that an amount equal to the future pension costs incurred because of the federal grant shall be forwarded to the Retirement System in accordance with the provisions of chapter 661 of the acts of 1983.

December 12, 1984: Expense Fund: To maintain $10,000 in a specified bank and to issue a check each week for any available excess funds to be forwarded to the Massachusetts Municipal Depository Trust Company until such funds are required to meet expenses.

December 12, 1984: Expense Fund: To transfer any funds necessary to meet expenses as such funds are required, from the Massachusetts Municipal Depository Trust maintain $10,000 in a specified bank and to issue a check each week for any available excess funds to be forwarded to the Massachusetts Municipal Depository Trust Company until such funds are required to meet expenses.

December 12, 1984: Advance Payments: That the rules and regulations to implement the provisions of G.L. c. 32, § 99 shall be as follows:
• The implementation of section 99 shall be handled by the Framingham Retirement
Board.
• That the advance payments shall be at the option of the retiree on an estimated basis
• That the advance payments shall not exceed 80% of the amount due.
• That the advance payments shall be paid by the Framingham Retirement system.
• That the advance payments shall be for superannuation retirements only.

December 12, 1984: Verification of Dependent Status: Each September and January, verification is required from the educational institution that a dependent over the age of eighteen is currently enrolled as a full time student, verification must be furnished of the last date he/she attended classes.

Correction of Errors under    G.L. c. 32, 20(5)(c)(2)

In all cases of correction of an underpayment or non-payment of a pension or benefit to a member or beneficiary of the Framingham Retirement System which results in a onetime retroactive payment of benefits, such payment shall include interest for such period of underpayment or non-payment at the rate annually determined for such period by the Public Employee Retirement Administration Commission pursuant to G.L. c. 32, § 22(6).

In all cases of correction of an overpayment of a pension or benefit to a member or beneficiary of the Framingham Retirement System, the amount of overpayment shall be due from the member or beneficiary, along with interest for said period of overpayment at the rate annually determined by the Public Employee Retirement Administration Commission pursuant to G. L. c. 32, § 22(6).

Pursuant to the judgment of the Supreme Judicial Court in Herrick v. Essex