Hampden Retirement Board Supplemental Regulations

Subject:

Regulation:

MEMBERSHIP:

 

 

September 25, 2007 
I. Minimum Earnings Required for Membership

All employees must earn more than two hundred dollars in a calendar year for at least one year in order to be eligible for membership in the retirement system. Once this requirement is met, the individual remains a member of the retirement system even if he or she earns less than two hundred dollars in a calendar year thereafter.

September 25, 2007
II. Requirements for Membership

A. A permanent full-time employee of any member unit of the Hampden County Regional Retirement System shall become a member of the Hampden County Regional Retirement System on the first day of employment.

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.

January 22, 2010 
F. 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 Hampden County Regional Retirement System

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.

August 19, 1986
A full-time permanent employee becomes a member of the system on the first day of employment. The retirement board considers a temporary part-time, temporary full-time, provisional, seasonal or intermittent employee eligible for membership if the employee has worked 975 hours or its equivalent within a calendar year. Said individuals shall be allowed to purchase that period of employment prior to becoming a member as creditable service. REVISED by rule approved September 18, 1989 and rule approved June 18, 1991 to be effective as of July 1, 1991.

 

CREDITABLE SERVICE:

September 25, 2007
III.
Creditable Service for Less Than Permanent Full-Time Employment
A. All employees who are members of the Hampden County Regional Retirement System who are full time permanent, part-time, temporary, provisional or seasonal employees shall receive full creditable service for service rendered during his or her membership in the Retirement System or for any period of creditable service purchased as prior service pursuant to Regulation IV. below.

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:

August 19, 1986
VI.
Record Keeping
The responsibility for record keeping under these rules shall lie with the member unit treasurers of the Hampden County Regional Retirement System.

VII.
Nomination Procedure for Election of Member’s Representative to the Hampden County Regional Retirement Board
A. The Advisory Council to the Hampden County Regional Retirement Board shall meet at the call of its chairman to set the nomination dates pursuant to the following rules:

1. The period of time nomination papers shall be available shall not be less than six calendar days and not more than ten calendar days.

2. Nomination papers will only be available at the Hampden County Regional Retirement Board office between the hours of 9:00 A.M. and 4:00 P.M.

3. Not less than five calendar days and not more than ten calendar days prior to the first day of the opening of the nomination period, the Advisory Council to the Hampden County Regional Retirement Board shall publish in a Springfield newspaper legal notice section a notice of the time, dates and place were nomination papers will be available and shall mail the same notice to the town clerks of those communities which have member units in the Hampden County Regional Retirement System and to the member unit treasurers of the Hampden County Regional Retirement System.

4. The nomination papers to be used are attached hereto as Exhibit A and incorporated by reference.

September 25, 2007
VIII. The Disability Benefit/Accidental Death Benefit Determination Process

A. The Hampden County Regional Retirement Board may designate a hearing officer for the purpose of conducting preliminary hearings regarding all ordinary and accidental disability claims as well as accidental death claims.

1. The hearing officer shall be a member of the Massachusetts Bar and be admitted to practice before the courts of the Commonwealth of Massachusetts.

2. The hearing officer shall be a Notary Public and/or a Justice of Peace or be some other official authorized by the Commonwealth of Massachusetts to administer oaths.

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.

September 25, 2007
IX. Withdrawal of Retirement Application

An applicant for superannuation retirement, ordinary disability or accidental disability retirement may withdraw his or her respective retirement application at any time prior to the date the application becomes effective.

September 25, 2007
X. Public Officials Regulation

A person appointed by the Mayor, Board of Selectmen, Town Council or Retirement Board, to serve as a member of a public Board or Commission or as a public official in a member unit of the Hampden County Regional Retirement System including but not limited to a member of the Retirement Board, Planning Board, Board of Public Health, Town Counsel, Assessor, Legal Counsel, Police Chief or Fire Chief, shall be entitled to membership in the Hampden County Regional Retirement System provided that the person earns at least two hundred dollars in a calendar year, and regardless of whether the person is employed more than twenty hours per week.

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.

January 28, 2002
Durable Power of Attorney
The Retirement Board has prepared for its members, retirees and beneficiaries use, a Durable Power of Attorney form which the Board strongly urges all persons contemplating the need for such form to complete and forward to the Retirement Board. The purpose of this regulation is to encourage uniformity in the use of these documents and to reduce the opportunity for misfeasance and/or fraud.

September 25, 2000
Signature on the Disability Transmittal

The board authorizes, after approval of an application for disability retirement by the Retirement Board at a formal meeting, the Executive Director or in his absence the Assistant Director to sign the PERAC transmittal form regarding that disability.

February 1, 1990
Annual Affidavit
Board granted waiver of requirement under 840 CMR 15.01(c) that retired members annually provide “a statement certifying that the member or beneficiary is currently living”.