840 CMR 8.00: APPLICABILITY OF $30,000 SALARY CAP

8.02: Applicability of the $30,000 Cap

(1) St. 1987, c. 697, § 64 makes the $30,000 cap inapplicable to members of
the state employees' and teachers' retirement systems and members of any
system that:
      (a) accepts the provisions of M.G.L. c. 32, § 22(1)(b½), or

       (b) accepts an annual pension funding grant pursuant to M.G.L. c. 32,
      § 22D
      The $30,000 cap is, in effect, repealed for members of these uncapped
systems.

(2) The state employees' and teachers' retirement systems became uncapped as
of January 1, 1988. Other systems become uncapped effective upon filing with
the Commission a certificate of acceptance pursuant to 840 CMR 8.02(1)(a) or
upon a vote to accept a grant pursuant to 840 CMR 8.02(1)(b), whichever
occurs first.

(3) The $30,000 cap remains applicable to those members of capped systems
who became members on or after January 1, 1979. This includes:
      (a) Members who were employed prior to January 1, 1979 but
      became members on or after January 1, 1979. Persons who were
      employed prior to January 1, 1979 and were not permitted membership
      by administrative oversight, or through no fault on the part of the
      member, are not subject to the $30,000 cap.

      (b) Individuals who were members prior to January 1, 1979 but left
      employment taking a return of accumulated deductions and then
      returned to employment and become members after January 1, 1979,
      whether or not previous service was repurchased. Persons who
      become members prior to January 1, 1979 and thereafter maintained
      membership, active or inactive, are not subject to the $30,000 cap.

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