Adams Retirement Board Supplemental Regulations

Regulations accepted by the board and approved by PERAC

Membership:

October 2, 2002

Definitions of Full and Part Time Service:
Full Time Service – Service while an employee having established hours of work consisting of a minimum of 30 hours per week for 36 weeks per year.

Part Time Service – Service while an employee having established hours of work consisting of less than 30 hours per week for 36 weeks per year.

August 31, 1987

Full time permanent employees who work at least 35 hours per week and are under age 65 shall join the retirement system as of their date of employment.

Employees who work at least 20 but less than 35 hours per week must join within 6 months of their date of employment but may join at an earlier date at the discretion of the board.

Appointed officials who receive compensation of at least $5,000 per year may join within 90 days of each appointment.

Elected officials who receive compensation may join within 90 days of each election.

Temporary employees, employees who are normally scheduled to work less than 20 hours per week, and appointed officials who receive compensation of less than $5,000 per year are not eligible for membership.

The board shall have full jurisdiction to determine the eligibility of employees for membership in all cases involving part time, provisional, temporary, temporary-provisional, seasonal or intermittent employment or service.

An employee, appointed official, or elected official who is presently a member of the system who would no longer be eligible for initial membership may at the member’s option, continue membership. Service will be credited in accordance with the rules established under the section entitled “creditable service”.

Creditable Service:

June 6, 2002

The Board will accept liability on a prior member for only full time and part time regular service.

Definitions
Full Time Service – Service while an employee having established hours of work consisting of a minimum of 35 hours per week for 52 weeks per year.

Part Time Service – Service while an employee having established hours of work consisting of less than 30 hours per week for 52 weeks per year.

Regular Service – Service while an employee that is appointed for a fixed period of time with a reasonable expectation of reappointment for continuing periods of time.

Temporary Service – Service while an employee that is appointed for a fixed period of time, not to exceed 8 months to replace employees who might be absent for extended periods.

Seasonal Service – Service while an employee that is appointed for a fixed period of time due to conditions caused by increased workload.

Provisional Service – Service while an employee that is appointed through a noncompetitive process to a position for a period of time to prevent stoppage of public business or hazard or serious inconvenience to the public.

Buy Backs
Active Members may buy back regular full time, regular part time, provisional full time, provisional part time, temporary full time, temporary part time, seasonal full time or seasonal part time service.

Inactive Members may buy back regular full time and regular part time service.

Active Members may make lump-sum payments or weekly payroll deductions of not less than twenty dollars ($20.00) per week. Interest due will be recalculated during the month of January and the member will be notified of the change. At no time shall the length of time allowed for payroll deductions exceed five (5) years. The buyback of service must be completed prior to retirement. …

Inactive members must make lump-sum payments.

August 31, 1987

Members who work less than 7 continuous months shall be credited on a prorated basis. For every 150 hours or portion thereof worked in a calendar year, a member shall receive credit for one month of service to a maximum of 12 months.

Members who are elected officials shall be credited with one year of service for any time served within the calendar year.

Members who are appointed/salaried employees shall be credited with service in accordance with their salary schedule.

Members shall be credited with one month of service to a maximum of 60 months for each month that a reserve or permanent intermittent police officer was on his/her respective list and was eligible for assignment to duty subsequent to his/her appointment.

Members who were full time employees who became part time or members who were part time employees and became full time shall have their part time service credited in the same manner as employees who work less than 7 continuous months.

Approved unpaid leaves of absence of not more than 30 days per calendar year shall not affect creditable service. Unapproved unpaid leaves of absence or approved unpaid leaves of absence in excess of 30 days per calendar year shall decrease creditable service for a like period.

Every member except as noted below shall have the option to buy back periods of service worked prior to his/her acceptance as a member of the Retirement System.

Service shall be credited in accordance with the rules established under the section entitled “Creditable Service”.

When buying back time, members must buy back entire blocks of previous service.

Members seeking to buy back time must submit, in writing, dates and places of previous employment. The Retirement Board will request all pertinent information from the appropriate agencies.

Regular Compensation:

August 31, 1987
Shall include: annual rate of compensation as shown in an approved salary schedule; educational incentives; longevity; shift differentials

Shall not include: unused vacation, sick leave or severance pay; amounts paid for hours worked beyond the normal work schedule; premiums for working holidays except as authorized by law; early retirement incentives; bonuses.

Miscellaneous:

June 9, 2025

CREDIT CARD USE REGULATION

SECTION I. PURPOSE:

The purpose of this regulation is to establish guidelines and procedures for the use of Board issued credit cards for purchases of goods and services, as well as for Board approved educational travel and costs associated therewith.

SECTION II. AUTHORITY:

The Board is adopting this regulation consistent with 840 CMR 15.05.

SECTION III. OBJECTIVES:

The primary objective of the credit card regulation is to establish guidelines for the Board to purchase goods and/or services as necessary to administer the retirement system and/or for Board member and staff travel related expenses incurred while attending educational conferences and/or seminars.  Specifically:

  1. To facilitate a streamlined method of purchasing items thereby reducing paperwork and processing time;
  2. To eliminate the need for several “store” issued credit cards and to consolidate purchases on one credit card;
  3. To provide a method of purchasing items via the Internet, thereby taking advantage of more competitive pricing for certain goods; and
  4. To eliminate the need for Board staff to utilize their own personal funds and/or credit cards to procure goods and/or services for the Board and the retirement system’s effective and efficient operation.

SECTION IV. SCOPE:

The Board will oversee the issuance of the credit cards in accordance with this regulation, and only the Executive Director/Director/Administrator, the Board Chair and the Treasurer shall be authorized to use the card consistent with this regulation.  The overall credit limit for the Board shall not exceed $25,000.  Each good and service purchase shall be preceded by a competitive procurement process by which the Board or the Executive Director/Director/Administrator seeks bids/pricing from reputable and established vendors who are in the business of providing the good or service.  The process undertaken to procure a good or service that is not otherwise covered by M.G.L. c. 32, § 23B shall be memorialized and become part of the permanent file that is maintained consistent with this regulation, as must any documentation the vendor submits as part of the procurement process.

SECTION V. CREDIT CARD USE:

The credit card is to be used for Board and retirement system purchases only.  Use of the credit card for personal purchases or expenses with the intention of reimbursing the Board is strictly prohibited.  Cash advances through bank tellers or automated teller machines, obtaining bank or traveler’s checks or electronic cash transfers are strictly prohibited.

The Executive Director/Director/Administrator, the Board Chair and the Treasurer shall be responsible for purchases within established credit limits and the Executive Director/Director/Administrator shall maintain a file that is solely for the use of retaining receipts (electronic, paper or otherwise) for each purchase or credit card use.  The receipts must be provided to the Board within 10 business days of the monthly statement date.  If a receipt for the purchase of a good or service or pertaining to education/travel is not provided, the authorized user must reimburse the Board for the cost of the good, service or education-related expense.  The Board shall be responsible for ensuring that any purchases with a Board credit card are consistent with this regulation.  The Board shall review the credit card statement monthly at its regularly scheduled meeting to ensure that all credit card use is consistent with this regulation.  Purchases for a good or service that exceeds $1,000 requires prior Board approval, or if the purchase is time sensitive, the Chair’s or Vice Chair’s prior approval.

If a return or exchange is required, the Executive Director/Director/Administrator shall verify that proper credit was received from the vendor and submit the appropriate paperwork to the Board for its review at a regularly scheduled monthly meeting.  In no case shall the Executive Director/Director/Administrator accept cash in exchange for a returned item.

It is the responsibility of the Executive Director/Director/Administrator to notify the Board, the financial institution that issued the card and the Public Employee Retirement Administration Commission (“PERAC”) immediately if there is any suspected fraudulent activity on the credit card.  It is essential that time frames and documentation requirements established by the credit card issuer be followed to protect the Board’s rights in a dispute.

The credit card bill shall be paid in full and on or before the due date so as not to incur any interest charges.

SECTION VI: COMPLIANCE/CANCELLATION OF CREDIT CARD:

Continued or repeated non-conformance with this regulation will result in the cancellation of the credit card account and such other actions as appropriate.

SECTION VII: EFFECTIVE DATE:

This regulation shall become effective upon PERAC approval.

CORRECTION OF ERRORS SUPPLEMENTAL REGULATION

In all cases in which a benefit calculation error occurs that results in an underpayment or non-payment of a pension or benefit to a member or beneficiary, or in the event of any overpayment as the result of an error to a member or beneficiary, the Board shall, consistent with the provisions of M.G.L. c. 23, § 20(5)(c)(2) pay to or collect from the member or beneficiary as the case may be, the actuarial equivalent of the benefit paid or received in error.  Pursuant to the Supreme Judicial Court decision in Herrick v. Essex Regional Retirement Board, 465 Mass. 801 (2013) and PERAC Memorandum #32/2013, the Board has determined that the actuarial equivalent requires that regular interest, as that term is defined in M.G.L. c. 32, § 1, shall be included in any amount owed to or recouped from a member or beneficiary.

June 1, 2022

Use of Board Credit Cards
 

The Board may obtain a credit card which may be used for the payment of approved travel-related expenses such as transportation, lodging and meals.  The Administrator, or his/her designee, or an authorized Board Member, may use the credit card to make reservations regarding Board-related transportation and/or lodging, and must produce receipts pertaining to said credit card usage within thirty days of returning from said educational conference or seminar.  The Board Member or staff person must immediately reimburse all charges that appear on the credit card monthly statement attributable to the Board Member’s or staff person’s usage of said credit card that are not accompanied by the appropriate receipts.  The Board’s regulations provide that credit cards are not to be used to purchase supplies or other items that the Board, the Board Members or the Board’s staff use on a regular basis, and which can be readily anticipated and purchased by way of a competitive process.

March 12, 2001

Board Pay:
To receive compensation under MGL Chapter 32 Section 20 Paragraph 6, board members must attend the monthly board meetings. Failure to attend meeting, will be grounds for forfeiture of monthly stipend for that month.

Board members may receive compensation when their absences are excused by a vote of the Board for the following reasons:

a. work conflict,
b. illness of board member or immediate family,
c. vacation.

In order for the Board to grant an excused absence, the Board's Administrative Assistant or Chairman must be notified of the absence prior to the scheduled time of the meeting. The Board may grant an excused absence if notification is not received under extenuating circumstances.

Generally, board members will be granted only one (1) excused absence per calendar quarter, but may request more. The Board may, at its sole discretion, grant additional excused absences. The Board may refuse to grant an excused absence if the Board determines that the board member has a history of non‑attendance or flagrant abuse of excused absences.

This supplemental rule provides rules on receipt of the retirement board stipend and is consistent with the provisions of G.L. c. 32.

August 31, 1987

Changes In Employee Status: 
Member agencies must notify the retirement board within 90 days of any changes in employee status including workers’ compensation, position held, and hours in work week.

Injuries: 
All major injuries incurred due to employment must be reported in writing to the Adams Retirement board within 90 days of the accident.

Disability Retirement Re-Application:
If the retirement board denies an application for accidental or ordinary disability, a similar application shall not be accepted within 1 year from the date of denial unless there is: new evidence; a new incident; aggravation of a pre-existing condition

Advance Payments:
Upon acceptance by the retirement board of the provisions of c. 32, § 99, members who have filed applications for retirement may receive advance payments not to exceed 75% of their estimated allowance during such a period as is necessary for the processing of such application. Determination of such payments shall be made by the board of retirement.

Post Retirement Earnings:
An accidental or ordinary disability retiree may not earn a sum that, when added to his/her retirement allowance, exceeds what the position from which he/she retired is presently paying plus $5,000.

On or before April 15 of each year, every person retired for disability shall file with the board a statement of earnings for the previous year subscribed to by him/her under penalties of perjury. Failure to comply shall result in the withholding of allowance payments.

Annual Verification:
Each retiree is required to annually file a certification of identification, signed under the penalties of perjury, with the retirement system. Failure to comply may result in the withholding of allowance payments.

Benefits To Dependents Who Have Attained Age 18:
Benefits will cease regardless of age upon the marriage of the dependent or the death of the dependent.

Dependent’s benefits cease at the age of 18 as stated in G.L. c. 32, § 12B unless the dependent is physically or mentally incapacitated from earning on the date of death of the member or if the dependent is a full time student.

Benefits are to be paid through date of graduation from college or through last day of schooling if the dependent does not complete college, provided that all such dependent benefits must cease at or before age 22, regardless of date of graduation or last day of schooling.

Benefits are to be paid through 18th birthday and resumed if dependent enters accredited educational institution with reimbursement made for summer months.

The parent/guardian will be contacted to provide the board with certification of attendance from the school and the parent/guardian will be informed regarding dependent’s student status. Certification can only be made by the Registrar of the college or university or the chief administrative officer of the secondary school.

Public Records:
The financial and medical records of the Adams Retirement System are not public records

Refunds of Accumulated Deductions: 
A member is eligible for a refund of his/her accumulated deductions under the following conditions:

1. The member permanently leaves the service and does not intend to take a position in the Commonwealth of Massachusetts subject to the provisions of ss. 1-28 of c. 32 of the general laws.

2. The member is an elected official whose term has expired and he/she is not eligible for a retirement allowance.

3. If a member’s retirement allowance amounts to less than $600 a year, he/she may receive a refund of his/her accumulated total deductions. If a member’s retirement allowance is less than $360 a year, he/she must receive a refund instead of an allowance.

4. The member is a veteran who entered the employ of any governmental unit prior to 7/1/39 and is retiring under ss. 56-60A of G.L. c. 32.

A member who entered service after 1/1/84 is eligible for a refund of interest credited to his/her total deductions according to the following schedule:

1. The member has less than 60 months (5 years) of creditable service and he/she voluntarily terminated, he/she will receive no interest credited to total deductions.

2. The member has 60 months (5 years) but less than 120 months (10 years) of creditable service, and he/she voluntarily terminated, he/she will receive 50% of the interest credited to total deductions.

3. The member has 120 months (10 years) or more of creditable service, or, if he/she was involuntarily terminated, he/she will receive 100% of the interest credited to total deductions.

No refund will be given to a member who takes another position in the Commonwealth of Massachusetts subject to the provisions of ss. 1-28 of chapter 32. Said accumulated total deductions will be transferred to the appropriate retirement system.
A member may not apply for or receive a refund if the member is currently subject to workers’ compensation.

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