Arlington Retirement Board Supplemental Regulations

Supplemental Regulations

Membership:

August 14, 2017
Any member hired on or after May 26, 2017 to the position of Public Safety Dispatcher shall be classified as a Group 1 employee. Those member’s employed prior to May 26, 2017 to the position of Public Safety Dispatcher shall remain in Group 2 until they terminate their position.

March 12, 2013
All permanent employees who are employed by the Town of Arlington, Arlington Public Schools, Arlington Housing Authority or the Arlington Retirement Board and employed at an annual rate of regular compensation of $5,000 or greater and work a minimum of Eighteen and Three Quarters Hours (18.75) hours per week shall be eligible for membership in the Arlington Contributory Retirement System (“System”).

Elected Officials and Appointed Board Members who are paid at least $5,000 per year in regular compensation are eligible for membership, but are not required to satisfy the 18.75 hour per week minimum criteria.

Traffic Supervisors who are employed in a permanent position consisting of working both a morning and afternoon shift and are employed at an annual rate regular compensation of $5,000.00 or greater shall be eligible for membership in the system.

Creditable Service:

May 3, 2016
Buyback Of Service:
Upon becoming a member of the Arlington Contributory Retirement System the said member may purchase non-membership time and the calculation for the creditable service will be based on 1 month for every 140 hours worked. Creditable service will only be granted in full months. If the service occurred on or after July 1, 2009 the employee or elected official’s annual rate [of] regular compensation must be $5,000 or greater annually or it shall not constitute creditable service. This is to be consistent with MGL Chapter 32 Section 4(2)(c).

March 12, 2013
Any member who meets the membership criteria shall receive full creditable service.

A member whose hours are involuntarily reduced below 18.75 shall continue to receive full creditable service.

In the case of school employees whose position does not require them to work while the school are closed from approximately June to September said employees shall receive one (1) month of creditable service for each full month the employee is receiving regular compensation. Said employees shall be granted creditable service if they return to that position or another position in the schools by the opening of school in the following September. They shall be granted service only for the months worked if they do not return after summer break.

Buy Back:
Upon becoming a member of the Arlington Contributory Retirement System the said member may purchase non-membership time if the position paid an annual rate regular compensation of $5,000 or greater and the calculation for the creditable service will be based on 1 month for every 75 hours worked. Creditable Service will only be granted in full months.

Regular Compensation:

November 5, 2024

Annual Unused Vacation Leave Buyback Supplementary Regulation

1. In order for payment of annual unused vacation leave to be considered “regular compensation” as defined in G.L. c. 32, § 1, the following conditions must be met:

   A. Any such annual payment in lieu of vacation leave as of May 1, 2018, shall continue to qualify as regular compensation only for members who:

   i. were paid pursuant to any applicable collective bargaining agreement, individual contract for employment, written benefits or personnel policy or municipal plan or ordinance in effect on May 1, 2018;

   ii. the retirement system was accepting regular contributions or deductions as of May 1, 2018; and,

   iii. payments that otherwise satisfy the above two pre-requisites need not be made “consistently” as defined below (Section 2).

   B. Any such annual payment in lieu of vacation leave subsequent to May 1, 2018, shall continue to qualify as regular compensation only for members who:

   i. were in service as of May 1, 2018;

   ii. payment in lieu of vacation leave was permitted under an applicable collective bargaining agreement, individual contract for employment, written benefits or personnel policy or municipal plan or ordinance; and,

   iii. such an annual payment in lieu of vacation leave shall be, or was, to a member who “consistently” participates, or participated, in a program that is available to all similarly situated employees.

2. In order to be considered as “consistently” participating, a member must satisfy at least one of the two provisions immediately below:

   a. has been paid for annual unused vacation leave at least the last five years of creditable service; or,

   b. has been paid for annual unused vacation leave no less than eight of the member’s last ten years of creditable service.

3. The provisions of this supplemental regulation shall not apply to those annual unused vacation buybacks who have been made:

   a. only in the final 3 years of employment for a member who joined the retirement system prior to April 2, 2012; or,

   b. only in the final 5 years of employment for a member who joined the retirement system on or after April 2, 2012; or,

   c. as a result of providing retirement notice.

4. This supplemental regulation shall apply only to members who:

   a. were members in service as of May 1, 2018; and,

   b. began receiving payment in lieu of vacation leave prior to May 1, 2018.

5. Any and all retirement contributions that were either refunded by the Board, or not received by the Retirement Board from the employer for whatever reason, must be applied to the member’s account before an otherwise allowable payment for annual unused vacation leave will be considered “regular compensation.”
6. Pursuant to G.L. c. 32, § 106(a), any member inactive who retired prior to May 1, 2018, whose retirement allowance included in its calculation the annual mounts paid in lieu of vacation leave upon which contributions or deductions were made to the Retirement Board shall not be reduced, modified or changed in any way due to its inclusion.

Board Approved: September 26, 2024

Regulatory Authority: G.L. c. 32, s. 106; 840 C.M.R. 14.02

March 21, 2000
Regular Compensation shall include:

· Base annual salary.
· Longevity pay.
· Cost of living adjustments.
· Educational incentives.
· Night and shift differentials.
· Holiday pay for public safety positions.
· Salary paid for temporary promotions (working out of grade).
· The portion of a deferred pay raise that is considered regular compensation (applies to employees as previously provided by Town Meeting votes).
· Salary paid from federal grants which would otherwise be regular compensation.

Regular deductions for retirement shall be made from regular compensation.

Regular compensation shall not include:

· Overtime pay.
· Payment for unused sick leave.
· Payment for unused vacation in a lump sum at the time of retirement.
· Payment for unused personal days in a lump sum at the time of retirement.
· Bonuses
· Any payment received solely as a result of giving notice of retirement.
· Auto allowance paid in a lump sum(s) not in the form of a reimbursement.
· Clothing allowance paid in a lump sum(s) not in the form of a reimbursement.
· Tool allowance paid in a lump sum(s) not in the form of a reimbursement.

This supplemental rule further defines regular compensation and is consistent with the provisions of G.L. c. 32 and the Commission’s regulations.

Miscellaneous:

April 24, 2025

Correction of Error Interest Rate

In all cases of correction of an underpayment or non-payment of a retirement allowance or benefit provided for in G.L. Chapter 32 to a member or beneficiary of the Arlington Contributory Retirement System, which results in a one-time retroactive payment of benefits, such payment shall include “regular interest” for such period of underpayment or non-payment at the rate annually determined for such period by the Public Employee Retirement Administration Commission pursuant to G.L. c. 32, § 22(6).

In all cases of correction of an over-payment of a retirement allowance or benefit to a member of beneficiary of the Arlington Contributory Retirement System, the amount of over-payment shall be due from the member of beneficiary, along with “regular interest” for said period of overpayment at the rate annually determined by the Public Employee Retirement Administration Commission pursuant to G.L. c. 32, § 22(6).

Pursuant to the judgment of the Supreme Judicial Court in Herrick v. Essex Regional Retirement Board, 465 Mass. 801 (2013) and PERAC Memorandum #32, 2013, et. seq., said interest shall be deemed to be the actuarial equivalent of the adjustment to the pension or benefit as required by G.L. c. 32, § 20(5)(c).

February 6, 2023

Electronic Signatures

Pursuant to 840 CMR 28.00, et seq., the Board, through this Supplement Regulation, allows the use of electronic signatures, as defined in 840 CMR 28.01, for execution of the following forms:

• New Member Enrollment Form
• Beneficiary Selection Form for Refund of Accumulated Deductions (If Member Dies Before Retirement) Pursuant to Massachusetts General Laws Chapter 32, Section 11(2)(c)
• Beneficiary Selection Form – Option D (If Member Dies Before Retirement) Pursuant to Massachusetts General Laws Chapter 32, Section 12(2)(d)

In accordance with the provisions of 840 CMR 28.01 and 840 CMR 28.02(c), the Board will institute and maintain appropriate security procedures for the execution of the foregoing forms by way of electronic signatures as authorized herein to verify that an electronic signature, digital signature, record, or performance is that of the specific person executing the forms or for detecting changes or errors in  the information in an electronic or digital record.  In particular, the Board allows for electronic signature through DocuSign® which implements such procedures,  including software containing identity verification protocols as a component of the electronic signature services provided.

Nothing contained herein compels the use of electronic signatures if a member or beneficiary wishes to use a “wet signature” in lieu of an electronic signature for execution of the forms set forth herein.

May 1, 2013
The Arlington Retirement Board has adopted for new members effective May 1, 2013 G.L. 32 § 13(1)(c) requiring a member entitled to receive a retirement allowance to designate a financial institution to which shall be directly deposited any payments under any annuity, pension or retirement allowance.

October 18, 2002: Re-title of Fire and Police Signal Operators
Any member holding the title “Communication Dispatcher” with the job description supplied replace the positions of “fire or police signal operators”, as stated in Chapter 32, § 3(2)(g) Group 2.

July 2, 2002: Non-elected Board Members
Non-elected board members who are compensated will be granted membership in the Arlington Contributory Retirement System. If a Board member’s salary is $2,500.00 annually or less, he/she shall be credited with one year of creditable service for every five years served. If a Board Member’s annual salary is more than $2,500.00, he/she shall be eligible for one year of creditable service for each year served. Board members who serve less than a full year will be eligible for proportional credit based upon the number of months served less than a year.

January 30, 2002: Elections
The Arlington Retirement Board shall conduct a simultaneous election for the two elected members of the Board. Both terms of the elected members shall be for three years and expire on the same date. In conducting the election, the Board shall place all candidates who have been nominated in conformance with 840 CMR 7.04 on one ballot. All eligible candidates shall be listed on the ballot in an order determined by a random drawing of the names of the candidates. In the event that only two candidates have been nominated, the Board shall declare said candidates to be the elected members of the Board, no elections shall be held, and said candidates shall take office and serve in all respects as though he or she had been elected by election. If there are more than two candidates, an election shall be conducted and each member of or retired from the Arlington Retirement Board shall be allowed to vote for not more than two candidates. Upon tabulation of the ballots, the two candidates who receive the most votes shall be declared the elected members of the Board. In the event of a vacancy, a new election shall be conducted to fill a vacancy as soon as practicable and the member elected shall serve for the unexpired portion of the vacant term.