840 CMR: PUBLIC EMPLOYEE RETIREMENT ADMINISTRATION

6.09: Access to Retirement Files by Legal Process

      Unless otherwise prohibited by law or judicial order, upon receipt of a subpoena duces tecum, or
other order of a court or administrative agency of competent jurisdiction directing the retirement board
to produce personal data in a member's retirement file, the Custodian shall notify the member of the
demand no later than the next business day following the day on which the subpoena or other document
is served and shall not produce any records in response to the demand unless the member has been
notified in reasonable time to seek to have the process quashed. If the member is properly notified and
if the process is not quashed, the Custodian shall produce a copy of the requested records as ordered
by the Court or agency, and shall advise the Court or agency of the requirements of 840 CMR 6.00.

9/29/00

Return to PERAC Home Page | Regulations