840 CMR: PUBLIC EMPLOYEE RETIREMENT ADMINISTRATION

840 CMR 11.00: SERVICE AFTER AGE 70

11.03: Effect on Retirement Benefits

(1) Except as provided by 840 CMR 11.02, no deductions shall be made from the regular
compensation of a member continuing in service after age 70 and the retirement allowance shall be
calculated based on average annual rate of regular compensation received prior to age 70.

(2) For members who timely so elect pursuant to 840 CMR 11.02, deductions shall be made from
regular compensation until the date of retirement and the retirement allowance shall be calculated based
on average annual rate of regular compensation including compensation received after age 70.

(3) No member shall be required to elect a retirement option pursuant to M.G.L. c. 32, § 12 until
termination of employment.

(4) If a member dies after age 70 but before termination, the member's spouse shall be entitled, if
otherwise eligible pursuant to M.G.L. c. 32, to the benefits that would have been payable if the member
had retired on the date of death and elected Option C.

(5) Upon the decision of a member to terminate service, the member may file a retirement application
with the retirement board and the retirement allowance shall be calculated pursuant to 840 CMR 15.04.

9/29/00

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