Berkshire County Retirement Board Supplemental Regulations

Supplemental Regulations

Subject:	Regulation:
Membership:	August 9, 2019 Any employee of a member town or district employed for 20 hours a week or more, on a temporary, provisional, temporary provisional or similar basis, shall upon completion of six consecutive months and/or 520 hours or more in a consecutive six month period of service be enrolled as a member of the Berkshire County Retirement System. February 10, 2011 Any employee, whether hired, appointed or an elected official whose annual salary for the position is less than $5,000 shall not be eligible for membership in the Berkshire County Retirement Board. April 8, 2010 Any employee of a member town or District employed for 20 hours a week or more, on a temporary, provisional, temporary provisional or similar basis shall, upon completion of six consecutive months of service become a member in service of the system March 16, 1993 All employees including elected officials, requesting membership in the retirement system are required to submit a pre-employment physical examination report which shall be filed as a permanent record with the retirement board. The cost of the physical examination will be the responsibility of the employee. (Revises rule #3 which had been approved December 21, 1984). February 1, 1989 All employees, including police officers and fire fighters, must work 20 hours per week to meet the requirements for membership. (Replaces former rule #4, which was repealed by this same letter). December 21, 1984 Elected officials who are not members of the retirement system before their election by popular vote do not have to join the system; but may join by applying for membership, in writing, within 90 days after assuming office. No Group 4 employee who seeks to join the retirement system will be accepted without a complete up-to-date medical and physical report filed as a permanent record with the retirement board. (REVISION approved by letter dated March 16, 1993)
Creditable Service:	May 29, 2008 School employees who work the entire 10 month school year and return the following September will be granted a full-year of creditable service (12 months). Employees who leave employment at the end of the school year (June 30th) will be granted creditable service through their date of resignation, termination or retirement. July 25, 2007 If a member is reduced to less than 20 hours per week and the reduction in hours is permanent or reduction last more than 90 days creditable service will be prorated. Creditable service will be prorated based on a 35 hour work week and proration will begin on the date hours were reduced to less than 20 per week. Proration will continue until the member is reinstated or rehired permanently to a position of 20 hours or more per week. Buybacks of prior ineligible service by members of the Berkshire Regional Retirement System will be prorated based on 35 hours. (Amended from 40 hours) A stipend by itself does not meet the eligibility requirements for enrollment in the retirement system. A current member in the Berkshire County Retirement System, whose only employment is a stipend position, shall accrue creditable service of 1 month for each year (12 months) in that position. Definition of a stipend A definite amount paid at stated periods in compensation for services or as an allowance, with no stated or fixed amount of hours required for payment of stipend. Stipends are usually lower than what would be expected as a permanent salary for similar work. The above noted regulation can only be applicable to service before July 1, 2009 or for service after July 1, 2009, if such service is subject to a specified term as a result of an election, appointment or contract and the election, appointment or contract occurred or was executed prior to July 1, 2009, and if the service is otherwise eligible for creditable service under Chapter 32 of the General Laws; and provided further, that such creditable service shall be granted until the expiration of the term, appointment or contract or July 1, 2012, whichever first occurs. November 8, 2002 The Berkshire Regional Retirement Board will not accept liability for non-members of the Berkshire Regional Retirement System for buybacks of non-eligible service and/or service in which the non-member had the right to join the retirement system but did not join. May 16, 2002 Payments for approved buybacks will be accepted on an annual basis, one payment annually in the month of December, until the buyback is complete. February 16, 1996 A member will be allowed to make a buyback or repayment of a refund over a period of time, not to exceed 5 years provided, that the member files with the board a formal application form which the board will provide. December 21, 1984 Full time employees to receive 1 year of creditable service for each year employed. Part time employee whose position has always been part time is granted full creditable service. A part time employee who becomes full time has the part time service prorated. (Underscored language repealed by regulation approved 3/19/97.)
Regular Compensation:	October 6, 2020 Employment of Active Members in Additional Employment Positions within the Berkshire County Retirement System Where an active member of the Berkshire County Retirement System becomes regularly employed in additional positions within any member unit of the System, and where the compensation paid to the member for services rendered in the additional positions complies with the requirements of regular compensation as set forth in G.L. c. 32 sec. 1 and 840 CMR 15.03, the compensation for the additional positions paid to the member by the governmental unit shall be regular compensation
Miscellaneous:	August 1, 2017 Ch. 32, sec 20(5)(c)(2) Interest on incorrect payments: The Berkshire County Retirement Board will use the interest rate applied to the members annuity savings account. April 25, 2017 Permissible Reasons for Remote Participation. If remote participation has been adopted in accordance with 940 CMR 29.10(2), a member of a public body shall be permitted to participate remotely in a meeting, in accordance with the procedures described in 940 CMR 29.10(7), if the chair or, in the chair’s absence, the person chairing the meeting, determines that one or more of the following factors makes the member’s physical attendance unreasonably difficult: Personal illness; (b) Personal disability; (c) Emergency; (d) Military service; or (e) Geographic distance. Vacation. February 13, 1985 By-laws pertaining to name; authority; membership; officers and their election; duties of officers; meeting; parliamentary authority; and amendment to by-laws. December 21, 1984 Board staff who are applying for disability retirement allowances shall be precluded from access to such disability application, other than that in which any other applicant would have. Board may appoint an Executive Secretary who is to be in full charge of all retirement board employees. Such executive secretary’s responsibilities may include, but not be limited to, directing coordinating and supervising the retirement board staff. Public Records: The financial and medical records of members of the retirement system are not public records. Injury Reports: All major injuries incurred due to employment must be reported in writing to the retirement board within 90 days of the accident.