Subject:

Regulation:

MEMBERSHIP:

March 24, 2009:
1. Membership is mandatory for all hired or appointed employees of the Town of Hull who are employed twenty (20) hours or more per week on a regular permanent basis for a period of time exceeding six (6) months. Those employed by a long/short term contract with either an annual, semi-annual or monthly renewals are excluded from membership. Employees who attain the age of 70, membership is voluntary. Those employees hired by under a Federal or State Grant and are employed twenty (20) hours or more per week must become a member in the System.

2. Membership for an Elected official who is paid regular compensation as defined in M.G.L. c. 32, §1 may elect to join membership within 90 days after assuming duties of the position as defined in M.G.L c. 32, §(2)(a)(v).

3. Members who work in twenty (20) hour position and an under twenty (20) hour position simultaneously, the member shall be required to be pensioned on both positions.

4. Employees hired as summer or seasonal employee positions shall be excluded from membership.

5.

6. Any employee who is a member of the Hull Retirement System and who receives an involuntary reduction in hours, less than twenty (20) hours, will remain an active member in the Hull Retirement System.

1. Effective November 5, 1996, the following rules and regulations of the Hull Contributory Retirement system relative to membership in said system shall be in effect.  These regulations shall supersede any previous regulations. 

2. For the purpose of these regulations full time employment shall be defined as 35hours per week (or 1820 hours yearly) for administrative, clerical employees; 40 hours per week for custodians, laborers and hourly rated employees; 42 hours per week for uniformed members of the fire department and four consecutive eight hour days on duty followed by two consecutive days off duty for uniformed employees of the police department.

3. If a full time employee who is a member in service of the Hull Contributory Retirement System on November 5, 1996 and becomes a part time employee at any time after November 5, 1996 said employee shall remain an active member of the system.

4. Except as expressly provided by these regulations, no individual in the employment or service of the Town shall be eligible to be credited with creditable service for any period of part time, provisional, temporary, temporary provisional, seasonal or intermittent (hereinafter, collectively, part time) employment or service prior to any individual’s eligibility to become a member of the System (or the reinstatement of such eligibility).

5. Eligibility. Except pursuant to these regulations promulgated by the Hull Contributory Retirement Board (the Board) under G.L. c. 32, § 4(2)(c), no member of the System shall be eligible to be credited with creditable service for any period of part time employment or service in the System prior to said member’s eligibility to become a member of the System (or the reinstatement of such eligibility). For the purpose of these regulations a part time employee of the Town who is eligible for creditable service for any period of part time employment or service in the System prior to said employee’s eligibility to become a member of the System (or the reinstatement of such eligibility) shall be deemed an eligible part time employee pursuant to this section 5.

6. Permanent part time employees employed as of November 5, 1996 but hired prior to November 5. 1996 and currently working 20 hours or more per week must elect to join the System upon completion of any probationary period as of November 5, 1996.

7. An eligible part time employee who, in accordance with these regulations, receives credit for creditable service for employment or service rendered prior to said member’s eligibility to become a member of the System (or the reinstatement of such eligibility) shall be subject to any and all provisions of G.L. c. 32.

8. Administration. The credit for creditable service for employment or service for any period of part time employment or service in the System by an eligible employee who in accordance with these regulations, receives credit for creditable service for employment or service for any period of part time service or employment in the System prior to said member’s eligibility to become a member of the System (or the reinstatement of such eligibility) shall be administered by the Board, which Board shall also have the authority to promulgate further regulations to implement the provisions of these regulations.

9. Interpretation. For the purposes of these regulations, words shall have the same meanings as defined in G.L. c. 32, unless otherwise expressly provided herein or unless the context clearly requires otherwise.

June 11, 2010: Furloughs on Creditable Service and Regular Compensation

Definitions for the purposes of these regulations shall mean the following:

Furloughs – A period of time in which a member is required to take unpaid leave.

The Hull Retirement Board under the provision of G.L. c. 32, § 4(1)(c) established by virtue of rights the following:

1. Any member of the retirement system who is required to take a furlough for a period that exceeds one month shall, upon request, be granted up to one month of creditable service.  [This regulation appears to allow the one month of creditable service for a furlough period only after the member has served a one month period of furlough without creditable service.]
   
   
2. If a member receives creditable service for the furlough period during the three-year period of their retirement calculation, the amount of regular compensation that they would have received will be included in their three-year average.  The rate of compensation will be the same rate as in effect immediately preceding the furlough period.  No retirement contributions will be collected for this benefit.
   
   

CREDITABLE SERVICE:

March 24, 2009: Non-member Service Make-up
Non-member Service Make-up definitions for the purpose of these regulations shall mean the following:

Non-member — any person hired to work part-time, provisional, temporary, and temporary provisional, seasonal or intermittent employment as described in the Hull Contributory Retirement System’s Supplementary Regulations for Membership as approved by PERAC on January 3, 2007

Non-member Make-up — any member requesting to purchase non-member service (as described above) with the Town of Hull or another city, town, or municipality.

1. When purchasing non-member service, if payroll records cannot be obtained, then the applicant shall supply a W-2. An attempt should be made to acquire the Wage and Salary form from the Human Resource Department. The Retirement Administrator will assess the hourly wage, divided by the W-2 and determine if the hours worked qualified for purchasing service credit. If eligibility for membership cannot be determined, no credit will be granted.

2. No make-ups will be granted for part-time, provisional, temporary, temporary provisional, seasonal or intermittent employment for the time in which the employee was not eligible for membership in the retirement system unless said employee becomes a member in the Hull Contributory Retirement System.

3. Any member requesting a non-member make-up must be an active member of the Hull Retirement System. No inactive member shall be allowed to make a non- member make-up for service credit.

4. Calculations for non-member make-ups for eligible membership employment shall be based on the number of hours of the position for which the persons is currently employed. For administrative, clerical employees 35 hours per week (or 1820 hours yearly); 40 hours per week (or 2080 hours yearly) for custodians, laborers, police and fire chiefs and captains, arid hourly rated employees; 37.5 hours per week (or 1950 hours yearly) for non union and union police officers; and 42 hours per week (or 2184 hours yearly) for uniformed members of the fire department.

5. Any member who voluntarily resigns from a qualified membership position, which did not withdrawn their funds, returns to an ineligible position, shall remain in the retirement system, however said creditable service will be pro-rated and calculated as above based on the eligible position from which they resigned.

6. All non-member make-ups shall be paid in full by date determined by the retirement administrator to avoid any added interest. Payments not made in full will be subject to added interest at 1/2 of the current actuarial assumed rate if interest.

7. Any member making bi-weekly installments will be subject to a five (5) year repayment scheduled inclusive of added interest at the end of each calendar year.

8. Should a member choose to make non-payroll deducted installment payments interest will be applied annually on any un-paid balance at ½ the current actuarial assumed rate of interest. Payback shall be completed within five (5) years.

9. In cases of hardship, the Retirement Board, upon request by the member, shall have the right to grant a member special terms.

10. Any request for non-member make-up from another city, town, or municipality will be forwarded to the proper retirement board of said city, town, or municipality and liability from that board will be requested. If said retirement board does not grant service credit the Hull Retirement Board will grant service credit as described in section 5.

11. Non-member service make-ups will not be granted if service credit is not equivalent to at least 3 months of creditable service, unless special circumstances occur.

12. The Retirement Board has the right to deny any request for non-member make-up payments.

REGULAR COMPENSATION:

MISCELLANEOUS:

March 24, 2009: Board Member (s) Election (s):

Definition for the purposes of these regulations shall mean the following Election (s) — The voting of a person or persons to serve as a member of the Hull Contributory Retirement Board by members in service or retired from service from the Town of Hull

The Hull Retirement Board under the provisions of M G L c 7, §50 and M G L c 32, §21, Board Member Election, shall follow the election guidelines in conjunction with PERAC regulations 840 CMR 7 00 Standard Rules for Election with the following regulations established by virtue of rights

1. Election Officer, by virtue of position, shall be the Retirement Administrator
2. Elections will be simultaneous, unless an unforeseen circumstance occurs
3. In the event that an unforeseen circumstance occurs, the Board will hold an election for the open position at its earliest possibility.  The term of the elected official shall expire upon the prior elected position expiration in order to maintain simultaneous elections in the future
4. Notice of Election (s) will be made available as follows

a. Mailed to all retirees
b. Placed in the local newspaper
c. Placed on the local cable channel
d. Posted in at least three appropriate public locations within the jurisdiction of the system

5. One Ballot will be prepared containing all valid candidates
6. The two candidates with the most votes will be declared the winners
7. All elections will be conducted by mail

July 11, 2006: Benefits Pursuant to G.L. c. 32, §4(1)(h) – The so-called “Military Buyback”

1. Effective February 22, 2006, the following rules and regulations of the Hull Contributory Retirement System relative to Benefits Pursuant to G.L. c. 32, §4(1)(h) shall be in effect.   These regulations shall supersede any previous regulations.

2. For the purpose of these regulations a member must meet the definition of “veteran” in M.G.L. c. 32 § 1 as amended August 30, 2004.

3. For the purpose of these regulations creditable service is calculated as defined in M.G.L. c. 32, §4(1)(h).

4. For the purpose of these regulations the definition of “written notification” shall mean a dated, written letter from the Retirement Board, sent by mail or hand delivered, to a member which notifies them of their potential benefits under M.G.L. c. 32, §4(1)(h).

5. For the purpose of these regulations “180-days” begin on the date of the written notification.

6. If a member of the Hull Contributory Retirement System is eligible for benefits pursuant to c. 32, §4(1)(h), said member upon written notification from the Retirement Office shall have 180 days to decide whether or not they wish to purchase the creditable service.

7. Should a member fail to accept or decline said benefits within the 180-day time frame, upon receipt of a certified letter, said member shall no longer be eligible for said benefits.

8. Should a member voluntarily decline said benefits, the member shall no longer be eligible for benefits.  The declining of benefits shall be in writing or as otherwise described above.

9. Upon written acceptance of said benefits, a member must within the 180-days, either make a lump sum payment or begin bi-weekly payroll deductions for payback, minimal amount of $70.00.  Maximum payback completion shall not exceed five (5) years.  In cases of hardship, the Retirement Board may approve special conditions.

10. No military service credit shall be applied until payment in full has been completed.

11. Any member who transfers service credit to another Massachusetts retirement system, prior to completion of said payback, shall only be granted service credit equal to the amount paid into the Hull Retirement System.

12. Any member who has previously been notified of their rights and has accepted the provisions of M.G.L. c. 32, §4(1)(h) shall now fall under these regulations.  All members will be notified in writing of the acceptance and approval of the regulations and required to make payment in full or begin payback as described above.

13. Administration. The credit for creditable service for military service by an eligible employee who in accordance with these regulation, receives credit shall be administered by the Board, which Board shall also have the authority to promulgate further regulation to implement the provisions of these regulations.

14. Interpretation. For the purpose of these regulations, words shall have the same meanings as defined in G.L. c.32, unless otherwise expressly provided herein or unless the context clearly requires otherwise.

15. Effective date. These regulations shall become effective upon the approval of these regulations by the Public Employee Retirement Administration Commission pursuant to G.L. c. 7, §50.