Boston Retirement Board Supplemental Regulations

Regulations accepted by the board and approved by PERAC

Membership:

January 30, 2017:
1.01 General Eligibility

(1)   Any employee who is "permanently employed," and works at least on a half-time basis or more in a regular workweek shall become a member of the retirement system.

(a) A "permanently employed" employee is defined as any employee who is hired to work at least twenty (20) hours per week throughout the calendar year, or if employed in more than one position, such that when the hours of employment are added together those hours shall equal at least 20 hours per week in a calendar year.
(b) Any additional time worked on a temporary or employee elected basis, such as additional shifts, filling in for vacation or sick time, does not count towards the 20-hour minimum requirement for membership.
(c) In the event a member in service accepts a position that requires less than the 20-hour minimum requirement, or works less than the 20-hour minimum for whatever reason, he/she nonetheless retains full membership rights.

(2) In addition to the hour requirements set forth in Section 1.01(1) above, "regular compensation" (as defined by GL c. 32 and 840 CMR) of at least $5,000 per calendar year is required for initial membership in the Boston Retirement System.  Any person who is paid less than $5,000 per calendar year of regular compensation is not eligible for membership in the Boston Retirement System.

(3) All eligible employees shall be enrolled in the system at the inception of their employment, which also serves to set the membership date.

(4) In those cases where a member was "erroneously excluded" membership, membership date shall reflect the first date worked, for which the retirement system should have first received a contribution.  Membership date will not be adjusted until the retirement system receives the appropriate contributions.

(5) People employed as temporary, emergency, “student interns" or "interns" are not eligible for membership in the Boston Retirement System.

(6) Election Day Poll Workers are not eligible for membership in the Boston Retirement System.

1.02 Board Members & Commissioners

(1) Initial Membership is available only to those Board Members and Commissioners who receive regular compensation of at least $5,000 per calendar year.

(a) In those cases where a Board member or Commissioner is not compensated, or chooses not to be compensated, for serving on a Board or Commission, he is not eligible for membership in the retirement system

(2) Creditable service shall be provided on a full-service basis, not pro-rated.

(3)   Payment received for serving on a Board or Commission, regardless of amount, for persons who are otherwise employed by the City of Boston, and are already members of the Boston Retirement System, shall be considered regular compensation for retirement purposes.

1.03 Boston Schoolteachers

(1) “Teacher,” is any person who is employed by the Boston School Committee on a basis of not less than half-time service as a teacher, school psychologist, school psychiatrist, school adjustment counselor, or school social worker appointed under section forty-six G of chapter seventy-one, director of occupational guidance and placement appointed under section thirty-eight A or thirty-eight D of chapter seventy-one, principal, supervisor or superintendent in any public school as defined in this section, or as a supervisor or teacher of adult civic education, but excluding any person serving as an exchange teacher in any such public school unless he is a member of the teachers’ retirement system at the time of entry into such service.  

Creditable Service:

November 18, 2013
2013: Creditable Service & Absence Without Regular Compensation

It is within the discretion of the State Boston Retirement System to allow up to thirty (30) days of creditable service to any member who was continuously absent without regular compensation pursuant to M.G.L. ch. 32, § 4(1)(c). The allowance of creditable service shall not exceed the number of days of continuous absence, if less than thirty, (i.e., 14 days of continuous absence may only be allowed 14 days of creditable service).

In order to be considered for this award of creditable service, the applicable absence must have been authorized by the member’s employer.  This includes, but is not limited to, personal leaves of absence and Family and Medical Leave Act (“FMLA”) leaves, provided that they are authorized by the employer.

In no event shall a member be granted more than thirty (30) days of creditable service for such absences during the course of his entire membership with the State Boston Retirement System.  This thirty (30) day cap applies to all members, including those who may have terminated and reinstated service.

October 2, 2002
Rule 2000-5: Retirement Credit For Service Rendered As A Part-Time Member – Effective January 26, 2001

(1) A member whose entire service is in a part-time position shall receive one year of creditable service for each year worked provided the member works the number of hours required by the position held.

(2) A member employed on a part-time basis who becomes full-time shall receive credit for his part-time service on a pro-rated basis as it relates to a full-time position.

(3) A member employed on a full-time basis who becomes part-time shall receive credit for his part-time service on a pro-rated basis as it relates to a full-time position.

(4) Part-time membership service performed on or before November 21, 2000, shall be credited with full-time service. Thereafter, all part-time service shall receive credit in accordance with the rules stated in this regulation.

January 26, 2001
Rule 2001 1: Teachers In The Public Schools Of The City Of Boston

A "teacher," is any person employed under a contract with the Boston School Committee on a basis of not less than half‑time service who:

(a) is deemed to be a teacher by the Boston School Committee, and

(b) performs services in a job title included in or substantially similar to those enumerated in Mass. Gen. Laws. c. 32, §1, paragraph 55 ("Teacher") or Mass. Gen. Laws. c.71, §38G, paragraph 19, and

(c) (i) holds a certificate required by the Board of Education of the Commonwealth, or
(ii) has been granted a waiver pending certification by the Board of Education, or
(iii) has been approved as an apprentice teacher in accordance with the provisions of St. 1985, c. 188, §21 or
(iv) is exempted from the requirement of certification by the Commissioner of Education upon the request of the superintendent or by law or regulation.

November 9, 1987
In the case of any member who established credit for part-time service rendered in a governmental unit covered by this system prior to his or her current period of membership, such credit will be allowed for the amount of actual service rendered as it bears to full-time service for the same or similar position.

Regular Compensation:

Miscellaneous:

November 13, 2023

Annual Unused Vacation Leave Buyback 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; and,

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

​​​​​​​iii. Payments that otherwise satisfy the above pre-requisites (Section 1(a)(i)&(ii)) 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 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:

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

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

iii. 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 in the first place, must be applied to the member’s account before an otherwise allowable payment for annual unused vacation leave will be considered “regular compensation.”​​​​​​​
6. Any payment for annual unused personal leave is not “regular compensation” under any circumstances.

November 17, 2021

MEMBERSHIP FORM FOR ELECTED OFFICIAL
BOSTON CITY COUNCILOR

Membership Form for Elected Official - Accept

THIS FORM IS ONLY USED IF THE ELECTED OFFICIAL EXERCISES MEMBERSHIP

DECLINATION OF MEMBERSHIP FOR ELECTED OFFICIAL
BOSTON CITY COUNCILOR

Membership Form for Elected Official - Decline

THIS FORM IS ONLY USED IF THE ELECTED OFFICIAL DECLINES MEMBERSHIP

July 1, 2014
In no circumstance shall the Boston Retirement Board pay both a § 12(2)(c) (“Option C”) and § 9 (“Accidental Death”) benefit to two separate individuals, who may otherwise qualify. In cases where a member has nominated an Option C beneficiary, but where either a surviving spouse or legal guardian of an eligible child or children (who qualifies under § 9(2)(b)) or totally dependent father or mother or totally dependent unmarried or widowed sister (who qualifies under § 9(2)(c)), successfully petitions for § 9 Accidental Death Benefits, said petitioner shall trump and supersede the § 12(2)(c) Option C beneficiary with no monthly allowance being paid to the § 12(2)(c) Option C beneficiary.  This supplementary regulation in no way impacts the issuance of the refund of the member’s annuity fund pursuant to § 9(2).

May 27, 2014
Collection Of Arrears From Retroactive Checks
In those cases where it is determined that a retiring member owes the State Boston Retirement System monies for whatever reason any arrears owed to the State Boston Retirement System shall be firstly deducted from the “net amount” due to a member and to be paid in a “retroactive check”.  The “net amount” is that amount of monies payable to a member after all legal deductions are taken for items, such as, but not only, child support, tax levy, mortgages, loans, attorney fees, health insurance, etc.  A “retroactive check” is the first pension check paid to a member as a result of filing an intent to retire or being granted a disability allowance by the State Boston Retirement System.

In no event shall the State Boston Retirement System recoup more than 50% of the net amount of the member’s retroactive check.  Should there still remain a balance of monies owed to the retirement system, after the issuance of the retroactive check, Board staff shall utilize the Vatalaro formula to collect the balance of monies owed to the State Boston Retirement System.

September 18, 2013
For the purpose of M.G.L. c. 32, § 7(2)(a)(ii) only, the following phrase shall have the following meaning:

“has not been continuously a member in service” shall mean that the 75% limitation on an accidental disability retirement allowance of any member, with a membership date prior to January 1, 1988, is applicable, only if:

• the member had an unauthorized leave of absence without pay consisting of 31, or more, consecutive days, since January 1, 1988, but specifically not including any department approved or authorized leaves of absence.

For the purposes of M.G.L. ch. 32, § 7(2)(a)(ii) only, any unauthorized leave, or leaves, of absence without pay consisting of 30, or less, days does not constitute a severance of continuous employment.  Thus, any member with a membership date prior to January 1, 1988, who had an unauthorized leave, or leaves, of absence without pay of 30, or less, days since January 1, 1988, shall not be subject to the 75% limitation on an accidental disability retirement allowance.

September 16, 2013
I.  Arrears owed to the retirement system due to contribution rate errors – Effective November 1, 2012

a. Preamble

1. The trustees of the Boston Retirement Board have waived nearly $4 million dollars since 2000, largely monies owed to the retirement system due to incorrect contribution rates.  This causes an obvious financial strain on the retirement system.
2. Effective November 1, 2012, members who are identified as owing monies to the retirement system due to incorrect contribution rates shall be required to make their account whole.
3. The Vatalaro formula allows a member to repay arrears in those cases where the member’s retirement date is approaching and a lump sum payment would create a financial hardship.
4. Members-in-service who are in arrears are required to repay any arrears, even if he or she is not yet on the retirement payroll.  Repayment may be in a lump sum or installment plan as approved by the Trustees.
5. The Trustees retain their rights to exercise their discretionary power to waive future arrears, as enunciated in MGL ch. 32, § 20(5)(c)(3), which states, in pertinent part: “at the request of a member who has been determined to owe funds to the retirement system, the board may waive repayment or recovery of such amounts….”

b. Formula for post-retirement repayment of arrears.

1. The Trustees believe that there is a fair way to reconcile the erroneous contribution rate without unnecessarily burdening the member of the retirement system: 
   1. The “Unmodified” retirement allowance, Annuity and Pension for the member shall be calculated as if he had made the required payment;
   2. The member’s annuity should be recalculated based upon the actual contribution he made to the system;
   3. The member’s “Modified” total retirement allowance will therefore be equal to the sum of the pension portion (determined as if he had contributed at the correct rate) and an annuity (determined from actual contributions); and,
   4. At such time as the total sum of the difference between the Modified and Unmodified pension allowances exceeds the amount the Member failed to repay the system, the Member shall receive the Unmodified allowance.
      1. The Vatalaro formula is enunciated in the matter of Anthony Vatalaro vs. State Retirement Board, CR-9962 (CRAB March 16, 1987)

c. Option Selection.

1. A member who elected Option B must name the “Boston Retirement Board” as an option B beneficiary to the extent of the arrears only.
   1. Any net monies above and beyond the arrears will be paid to the other Option B beneficiary or beneficiaries.
   2. In the event the member elects Option C. the Option C beneficiary is responsible for continuing the Vatalaro repayment until the member’s account is made whole.
      1. Any Option C beneficiary must agree to waive that portion being collected until the account is made whole pursuant to MGL ch. 32, §90B.

February 22, 2006
Rule 2005-4: Effective Date Of Retirement For Teachers Under 10-Month Contract
If a member is in service until the school in which he is employed closes for the school year, his retirement shall not take effect earlier that (sic) 12 o’clock midnight on June 30 irrespective of any earlier date, which may be designated on his application.

June 10, 2005
13.01. Purpose.
The purpose of 807 CMR 13.00 is to bring certainty and definiteness to the requirements of G.L. c. 32, § 5(4) governing the election to participate in the enhanced superannuation retirement plan provided in that statute for Transferees. Specifically, the purpose is to clarify the election opportunities available to (1) members transferring into the Massachusetts Teachers’ Retirement System (“System”) who have already made an election into RetirementPlus; (2) members who have taken refunds; and (3) members transferring out of the System, consistent with the statutory requirement that all such elections be irrevocable.

13.02. Definitions.

For purposes of 807 CMR 13.00, the following terms shall have the following meanings:
“Election Opportunity” shall mean the 180-day election “window” available to Transferees in G.L. c. 32, § 5(4). Said election “window” shall begin on the date when the System receives the transfer of the member’s account from the other contributory retirement system.

“RetirementPlus” shall mean the enhanced superannuation retirement allowance provided for in G.L. c. 32, § 5(4). This term includes the Teachers’ Alternate Retirement Program (“TARP”) of the State-Boston Retirement System.

“Transferee” shall mean any member of another chapter 32 Massachusetts contributory retirement system who is transferring his or her membership to the System, or a member of the System who is transferring to another c. 32 contributory retirement system.

13.03. Refunds.

(a) Any member who takes a refund of accumulated total deductions pursuant to G.L. c. 32, § 10(4) and after July 1, 2001, re-establishes membership with the System or the State-Boston Retirement System shall be a mandatory participant in RetirementPlus. Any member who takes a refund of accumulated total deductions pursuant to G.L. c. 32, § 10(4) and after July 1, 2001, re-establishes membership with another contributory retirement system, and later transfers to the System, shall be treated like any other Transferee.

13.04. Transfers In.

(a) Except as provided below, any Transferee into the System shall have an Election Opportunity.

(b) Because an election opportunity is irrevocable, any Transferee into the System who, since his/her date of membership (or re-establishment of membership after a refund), has made an election to participate or not participate in RetirementPlus (or who failed to so elect when an opportunity was available), shall not have another Election Opportunity. The rights of such a Transferee shall be governed by his or her previous election or non-election.

(c) Any Transferee into the System who is or was a mandatory participant in RetirementPlus shall not have an Election Opportunity.

13.05 Transfers Out.

In transferring a Transferee’s account to another contributory retirement system, the System will transfer the entire account and break out for the other retirement system the “excess” contributions over the normal retirement contribution rate.

September 27, 2000
Boston Retirement Rule 2000-2 regulates the buyback of up to four years of maternity leave by teachers who are members of the State-Retirement System, as permitted by G.L. c. 32, §4(1)(g-1/2), which was inserted by Chapter 114 of the Acts of 1999.

June 9, 1999
Upon receipt of a member’s application for military credit under c. 71 of the Acts of 1996, the Board shall further prepare a bill for the cost of the buyback. Upon the member’s receipt of a bill for the military service credit, the member must within 60 days of receipt of the bill, either (i) pay the bill in full or (ii) enter into a payment schedule for full payment of the bill.

Payment schedules for the buyback of military service credit shall be available to a member whose buyback bill exceeds $1,000.00. Payment schedules must be completed within a five-year period or before the member retires, whichever comes first. No interest shall be charged over the period of the payment schedule. The Board may extend the five-year maximum payment period upon a showing by the member that the monthly payment amount for a five-year period would create an undue hardship upon the member.

September 17, 1996
Supplementary rule relating to procedures for board election under c. 306 approved.

March 26, 1991
Approval of “Disability Retiree Medical Questionnaire” for use by Board in processing cases under G.L. c. 32, § 8.

November 28, 1990
Approval of “Disability Retiree Employment and Earnings Form” for use by Board.

June 20, 1990
Supplementary rule authorizing a 60 day notice period for the retirement board election approved.