Membership:
October 14, 2020
ELIGIBILITY
1. Membership is mandatory for all* hired or appointed employees of the Town of Braintree who are permanently employed twenty (20) hours or more per week on a regular basis for a period of time exceeding six (6) months, and further excluding any employee, or elected or appointed official who is scheduled to receive less than $5,000 in annual regular compensation.
2. Those Employees whose salaries are funded through a Federal or State Grant and are permanently employed for twenty (20) hours or more per week are allowed membership into the System. All departments with Grant Employees shall reimburse the Braintree Retirement System on an annual basis of 9% of the total Grant Employees' salary.
In the event someone falls below the 20-hour requirement and is scheduled to receive less than$5,000 in annual compensation, deductions will continue to be withheld but no creditable service will accrue.
January 6, 2004
1. Membership is mandatory for all* hired or appointed employees of the Town of Braintree who are employed twenty (20) hours or more per week on a regular basis for a period of time exceeding six (6) months, with the exception of those employees who attain the age of 70, upon which membership becomes voluntary.
2. Those Employees whose salaries are funded through a Federal or State Grant and are employed for twenty (20) hours or more per week are allowed membership into the System. All departments with Grant Employees shall reimburse the Braintree Retirement System on an annual basis of 9% of the total Grant Employees' salary.
*Town of Braintree Teachers who qualify for membership to Massachusetts Teachers' Retirement System are excluded from the Braintree Retirement System.
Creditable Service:
January 27, 2014:
PURCHASE OF PAST NON-MEMBERSHIP SERVICE
Members of the System may only purchase and receive credit for past non-membership service rendered in a member unit of the System consistent with the provisions of M.G.L. c. 32, § 4(2)(c). Pursuant to M.G.L. c. 32, § 3(5), if the past service was rendered under the jurisdiction of another retirement system, such service may only be purchased if it was rendered in a temporary, provisional or substitute capacity, provided that the individual was excluded from membership in the other retirement system. All prior non-membership service shall be calculated with 173 hours being the equivalent of one (1) month of creditable service.
January 6, 2004
1. Credit will be granted on the basis of one (1) year, for a member in service who is employed in a full time capacity, as mandated for that position. (see addendum)
2. In the case of school employees whose position requires them to work from approximately September 01 to approximately June 30, 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 one (1) full year of service credit if they return to that position the following September. They shall be granted credit only for the months worked if they do not return after summer break.
3. For a member in service who is employed in part-time capacity throughout their entire career while an employee of the Town of Braintree, said employee will receive one year of creditable service for each full calendar in which the employee is receiving regular compensation for said service.
4. For a member in service who is employed in both a part-time capacity and full time capacity simultaneously, the member shall be pensioned on both positions but shall receive no more than one year of full time service for each calendar year.
5. Five (5) years maximum credit will be allowed to reserve or permanent intermittent police officers, or permanent intermittent or call firefighters, if they gain employment in a qualified position eligible for membership to the system, consistent with the provision of M.G.L. c. 32 § 4(2) (b).
ADDENDUM: SERVICE CREDIT:
Full time Positions Qualify as:
Clerical, and Department Heads - Seven (7) hour days; Thirty Five (35) hour work week,
Laborers - Eight (8) hour days; Forty (40) hour work week
Crossing Guards - Four (4) hour days; Twenty (20) hour work week
School Cafeteria Staff -Six (6) hour days; Thirty (30) hour work week.
December 6, 2004:
PRIOR SERVICE/MAKEUPS:
1. When purchasing prior part-time service, one must be an "active member" at the time of requests and repayment. If total hours worked cannot be obtained, then a W -2 shall be supplied by the applicant. An attempt should be made to acquire the Wage and Salary form from the Personnel Department. The Board should attempt to assess the hourly wage, divide by the W -2 and determine the yearly hours worked.
January 27, 2014:
1. When purchasing prior part-time service, if total hours worked cannot be obtained, then a W-2 shall be supplied by the applicant. An attempt should be made to acquire the Wage and Salary form from the Human Resource Department, or Head of the prior department for which the member worked. The Board should attempt to assess the hourly wage, divide by the total earned on the W-2 form and determine the yearly hours worked.
January 6, 2004:
2. Former Comprehensive Employment Training Act (CETA) Employees who have provided service to the Town of Braintree, and can provide documentation of same, are eligible for membership in the Braintree Retirement System if they meet current requirements for membership.
3. Make-up payments are allowed for members who previously worked less than part-time and were ineligible for membership. Credit will be prorated as it relates to the position held at time of prior service. Prior service credit shall not be granted for a partial month.
4. Make-up payments of prior service shall be received in a lump sum payment, or in weekly installments with the repayment period not to exceed two years, except cases of hardship as determined by the Board. Once the agreement is made to repay no further interest shall be accrued.
5. Make-up payments of prior military service shall be received in a lump sum payment, or in minimum weekly installments of $35, with the repayment period not to exceed five years, except in cases of hardship as determined by the Board.
January 27, 2014:
6. Upon written request, and proper documentation of prior service, prior service for permanent-intermittent police officer, or permanent intermittent or call firefighters who are subsequently appointed to the respective department as a permanent full time employee, shall be granted credit for each full month served upon proper payment, [up to the maximum allowed by law]. If a W-2 or payroll records can be supplied, the makeup calculation will be based on the records provided. In the absence of payroll records, the annual figure of $3,000 shall be used pursuant to PERAC memo 33/2013. Buyback interest shall be charged prospectively from June 21, 2013.
Deductions shall be withheld from all members' payroll checks in accordance with M.G.L. ch. 32, §22(1).
Buy Back of prior service formula:
EXAMPLES:
An employee works a total of 480 hours as an intermittent school lunch staffer. S/he requests to buy this time back when she becomes permanent lunch staff
Calculation: 480 hours / 6 hours in a day / 21.6 work days in a month = 3 months of creditable service to be granted
An employee works a total of 1,850 hours as a part-time (non member) clerical and now has been made full time clerical.
Calculation: 1,850 hours / 7 hours in a day / 21.6 work days in a month = 12 months of creditable service to be granted
An employee works a total of 480 hours as an intermittent school lunch staffer. S/he becomes a laborer and requests to buy this prior service time as a school lunch staffer.
Calculation: 480 hours / 6 hours in a day / 21.6 work days in a month = 3 months of creditable service to be granted
Note: Service time to be granted based on position held at time of prior service, not based on new position.
Regular Compensation:
Miscellaneous:
August 18, 2016
Correction of Errors Under G.L. c. 32, § 20(5)(c)(2)
In all cases of correction of an underpayment or non-payment of a pension or benefit to a member or beneficiary of the Braintree Contributory Retirement System which results in a onetime retroactive payment of benefits, such payment shall include interest for such period of underpayment or non-payment at the rate of regular interest under G.L. c. 32, § 22(6)(b).
In all cases of correction of an overpayment of a pension or benefit to a member or beneficiary of the Braintree Contributory Retirement System, the amount of overpayment shall be due from the member or beneficiary, along with interest for said period of overpayment at the rate of regular interest under G.L. c. 32, § 22(6)(b).
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, 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), which shall be defined as regular interest under G.L. c. 32, § 22(6)(b).
Elections:
March 3, 2008:
The Braintree Retirement Board shall conduct a simultaneous election for the two elected members of the Board. Both terms shall commence on July 01, of the year of the election and the member shall serve for a term of three years.
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 random drawing of the names of the candidates. In the event that only two candidates have been nominated, both candidates shall take office pursuant to 840 CMR 7.05, Election by Declaration. If there are more than two candidates, an election shall be conducted, and eligible voters shall be allowed to vote for not more than two candidates. Upon tabulation of the ballots, the two candidates who receive the most votes assume the third and fourth seats. 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.
Disbursement of Funds:
January 6, 2004
1. Disbursement of retiree payroll funds shall be authorized by signatures of any two (2) members of the Retirement Board, or one (1) member, and the Director per M.G.L. Ch. 32 §23 (2)
2. Disbursement of any funds other than retiree payroll shall be authorized by signatures of the majority of the Board.
Form:
June 30, 1986
Approval of refund form.
September 18, 1985
Approval of Certification form to be completed by all recipients of retirement or survivor benefits.