Retirement Board the purpose of these Supplemental Rules & Regulations is to more clearly define Supplemental Rules & membership eligibility requirements and creditable service.
Unless a different meaning is defined by statute, an advisory opinion, or 840: CMR Regulations of the Public Employee Retirement Administration Commission or by a ruling of a court of competent jurisdiction, the following definitions will apply:
An employee is any person hired, employed or appointed to a position within the Town of West Springfield who is regularly employed with a regular work schedule with a commensurate salary or wages.
2.2 “Full-time Employee”
A full-time employee is an employee who regularly works at least 37 ½ hours a week.
2.3 “Part-time Employee”
A part-time employee is an employee who regularly works at least 20 hours a week but less than full-time.
2.4 “Provisional Status”
A provisional status will not affect whether or not a person hired, employed or appointed is considered an employee, if he or she meets the requirements of these rules and regulations.
3. MEMBERSHIP REQUIREMENTS:
3.1 All full-time employees shall become members of the retirement system on the first day of employment, as required by M.G.L. Chapter 32.
3.2 A part-time employee shall become a member of the retirement system on the first day of employment.
3.3 A part-time employee, who works less than 20 hours a week, shall be ineligible to become a member of the retirement system.
3.4 The retirement board shall review and determine whether or not membership is required for all other persons who are hired, appointed or employed and do not meet any of the requirements of section 3.1 -3.3.
3.5 Self-employed persons or “contract employees” who are hired to perform specific services for a fee shall not be considered employees, within the definition, and shall be ineligible for membership in the retirement system.
3.6 The retirement board shall determine whether or not a person working for the Town of West Springfield is an employee, as defined, and is required.
4. CREDITABLE SERVICE:
4.1 All members of the retirement system, who are full-time employees, shall receive full creditable service for such time on which regular deductions have been withheld from regular compensation Creditable will not services exceed (sic) twelve months in any calendar (sic) year.
4.2 A part-time employee shall also receive full creditable service for such time on which deductions have been withheld from regular compensation, provided that compensation and hours of work are proportional to that of a full-time employee.
4.3 Part-time employees, including school cafeteria workers and teacher’s aides or any other part-time employee, whose work schedule does not include summer months, shall receive full creditable service for those months on which no deductions are made if the person returns to work the beginning of the next school year and continues on as an employee.
4.4 A part-time employee, who later becomes employed full-time, shall retain full-time creditable service earned as a part-time employee.
4.5 Auxiliary Police Officers shall be entitled to creditable service as provided in a supplemental regulation previously adopted by the retirement board and approved December 7, 1995 by the Commissioner of Public Employee Retirement Administration.
5. PRIOR SERVICE
6. REPORTING & NOTIFICATION REQUIREMENTS:
6.1 All persons responsible for hiring, employing or appointing a person to a position within the town must notify the retirement board, at minimum, five days before the person is put on the payroll.
6.2 A department head must, within 7 days, notify the retirement board when a part-time employee subsequently becomes employed on a full-time basis.
6.3 A department head must also notify the retirement board of any change in the employee’s employment status, pay grade or address change.
6.4 The retirement board may require the town or a department head to furnish other information regarding an employee in order for the member to be properly classified.
June 1, 2004 Pursuant to G L c 32, § 4(1)(c), the board shall grant one month of creditable service to a member if he/she has been on an approved, unpaid leave of absence for medical or family reasons. The board shall deny one month of creditable service to a member if he/she has been on an approved, unpaid leave of absence for disciplinary reasons.
NON-MEMBERSHIP CREDITABLE SERVICE
A member who was employed by the town of West Springfield, prior to becoming an active member of the West Springfield Retirement System, may be eligible to purchase credit for service rendered on at least a part-time basis even if he/she was not a member of the retirement system during that time.
The member must provide the Retirement Board with proof of employment along with a written statement indicating the periods during which he/she was employed on a part-time basis, and the number of hours worked each month.
The member must provide copies of employment records including any W-2 Forms or payroll records indicating the regular wages earned during the period of time the member is seeking to purchase.
If, through no fault of the employee, no payroll or other records of the Town can be found, the member must provide a written statement from the employer or previous employer that includes the following:
a) the period during which the member was employed (month/day/year to month/day/year);
b) the title, position held and type of work performed by the employee;
c) the rate of pay in effect during the period of employment including any increases in pay;
d) the actual salary (if known) during the period of employment; or
e) a reasonable estimate of the period of service as an employee and estimated regular wages earned during the period of time for which the member seeks creditable service.
The statement from an employer must be on the employer’s letterhead and must be signed by the employer or department head.
A statement from a previous employer must be signed by the person attesting to the information and must be notarized.
After the Retirement Board receives the statement, the information will be reviewed to determine whether or not the member is eligible to purchase the service credit.
The cost of purchasing past service will be based on what contributions the person would have paid in retirement contributions during that period (plus interest to date). The Board will calculate by granting 1 month of creditable service for every 162 hours worked and the cost to purchase this service.
In order to receive credit for non-membership service, the member must pay for the service before the effective date of retirement.
Creditable Service the board voted to allow auxiliary police officers to get credit for up to 5 years of full time creditable service provided they later become appointed full time police officers.
Governing Access And Use Of Telecommunications Equipment And Records Of The Town Of West Springfield Contributory Retirement Board