Hampden Retirement Board Supplemental Regulations

MEMBERSHIP:

B. A part-time permanent employee who normally works more than twenty hours per week shall become a member of the Hampden County Regional Retirement System on the first day of employment.

C. A seasonal employee who normally works more than twenty hours per week for five months or more in a calendar year shall become a member of the Hampden County Regional Retirement System on the first day of employment.

D. Part-time employees whose normal work week is twenty hours or less and seasonal employees whose normal work week is twenty hours or less or who are employed less than five months in a calendar year, temporary or provisional employees shall not become a member of the Hampden County Regional Retirement System until they meet one of the requirements set out in Regulation II. A, B or C above.

G. Non-members who request retirement service credit from the Hampden County Regional Retirement System (hereinafter “HCRRS”) through another retirement system, for the time they were employed by one of the member units within the HCRRS and not contributing thereto, shall receive no service credit and the HCRRS accepts no liability for such time for said non-member. However, should it be found that through no fault of the individual, the non-member should have become a contributing member of the HCRRS, then the HCRRS will accept liability for retirement service credit per the guidelines set forth by the HCRRS for purchasing of retirement service credit.


CREDITABLE SERVICE:

V. Creditable Service for Call Firefighters and Permanent Intermittent or Reserve Police Officers
A. The Board shall credit as full time service not to exceed a maximum of five years that period or time during which a reserve or permanent intermittent police officer or call firefighter was on his or her respective list and was eligible for assignment to duty subsequent to his or her appointment, and provided that such service as a reserve or permanent intermittent police officer or call firefighter shall be credited only if such reserve or permanent intermittent police officer or call firefighter was later appointed as a permanent member of the fire department or police department.

B. Creditable service for a reserve or permanent intermittent police officer or a call firefighter shall be credited with one year of full creditable service for every two full years of service as a reserve or permanent intermittent police officer or call firefighter, as consistent in section 4(2)b of Chapter 32.

C. A call firefighter who is elected in a manner prescribed by the General Laws shall be credited with one year of creditable service for each year as an elected firefighter.


REGULAR COMPENSATION:


MISCELLANEOUS:

B. The hearings conducted by the hearing officer shall comply with the Code of Massachusetts Regulations governing the conduct of a hearing before a Retirement Board pursuant to 840 CMR 10.00.

1. All witnesses who testify at said hearing shall be sworn by the hearing officer.

2. All evidence admitted at the hearing shall comply with the Code of Massachusetts Regulations governing admissibility of evidence pursuant to 840 CMR 10.12(f).

3. There shall be no requirement that the hearing officer maintain a permanent record of the hearing by electronic or stenographic means.

C. The hearing officer shall within twenty-five days of the conclusion of the hearing, file a report with the Hampden County Regional Retirement Board.

1. Said report shall include the hearing officer’s findings of fact and may include a recommended decision of the hearing officer regarding the application before him.

2. The hearing officer in his report may make the following recommendations:

a. He may recommend that the Hampden County Regional Retirement Board grant the application for ordinary or accidental disability benefits or may in the appropriate case recommend the award of accidental death benefits by the Hampden County Regional Retirement Board.

b. The hearing officer may recommend that the Hampden County Regional Retirement Board deny accidental disability benefits, ordinary disability benefits or accidental death benefits.

c. The hearing officer may forward to the Hampden County Regional Retirement Board a list of findings of facts without a recommended decision.

d. Upon receipt of the report by the hearing officer, the Hampden County Regional Retirement Board shall take the following action at a duly called meeting of the Board:

1. If said report recommends the award or denial of ordinary or accidental disability benefits or an accidental death benefit, the Hampden County Regional Retirement Board may adopt the hearing officer’s findings of fact and recommended decision in whole or in part and award or deny benefits or the Hampden County Regional Retirement Board may conduct its own de nova hearing on said application for benefits pursuant to 840 CMR 10.12.

2. If said report contains no recommended decision, the Hampden County Regional Retirement Board may adopt the hearing officer’s findings of fact in whole or in part and award or deny the appropriate benefits or the Hampden County Regional Retirement Board may conduct its own de novo hearing on said application for benefits pursuant to 840 CMR 10.12.

Credit for such service shall be calculated by using a fraction in which the denominator is 1000 and the numerator is the actual hours employed in a calendar year by the person. If the numerator equals or exceeds the denominator then the person shall be entitled to one year of creditable service per calendar year of actual service. If the numerator is less than the denominator then the fraction shall be multiplied by 12 to determine the number of full months of creditable service the person is entitled to receive.

If the person receives a stipend or annual payment or compensation without a requirement of hours to be worked, then creditable service shall be determined by using a fraction in which the denominator is 2400 and the numerator is the amount of stipend paid or compensation received by the person in a calendar year. If the numerator equals or exceeds the denominator then the person shall be entitled to six months of creditable service per calendar year of actual service. If the numerator is less than the denominator then that fraction shall be multiplied by 183 to determine the number of days of creditable service the person is entitled to receive.