Franklin Regional Retirement Board Supplemental Regulations

Regulations accepted by the board and approved by PERAC

Membership:

Creditable Service:

November 17, 2025
Buyback and Makeup Policy

Any substitute, temporary or part-time employee hired after 1/1/96, who later becomes eligible for membership shall have the option of purchasing creditable service time at the rate proportionate to actual time worked. Documentation in the form of actual payroll records that include: position, wages paid, hours and/or payrate, and start and end dates, are to be provided by the unit treasurer. Where no payroll records exist, the board will review provided materials. In the case of appointed officials or employees purchasing creditable service for time prior to becoming a member, when actual hours worked cannot be determined, or when the position was salaried or stipended, the hours can be determined using double the Massachusetts minimum wage for that period.

Any non-membership eligible service that paid less than $5,000.00 annually on or after 7/1/2009, is not eligible for purchase based on Chapter 21 of the Acts 2009.

Any non-membership creditable service, with the exception of service purchased pursuant to M.G.L. 32 § 4(2)(b) which was rendered as a reserve or permanent-intermittent police officer or a reserve, permanent-intermittent or call fire fighter, shall be categorized Group 1 service.  Creditable service awarded for service rendered as a reserve or permanent-intermittent police officer or a reserve, permanent-intermittent or call fire fighter, shall be considered Group 4 service.  The Board will also classify any military service purchased or awarded pursuant to M.G.L. c. 32, § 4(1)(h) in the same group classification the member held at the time of the purchase, or if on a leave to service in the military, in the same group when said leave was granted.

Any active member who holds a permanent police officer or firefighter position and who has non-membership eligible service that falls under M.G.L. 32, § 4(2)(b) may be entitled to purchase up to 5 years of creditable service. This member must have appeared on the respective list for reserve or permanent-intermittent police officer or a reserve, permanent intermittent, or call firefighter and was eligible for assignment to duty subsequent to his/her appointment; and provided, further, that such service as a permanent-intermittent or call firefighter shall be credited only if such permanent-intermittent or call firefighter was later appointed as a permanent member of the same fire department.

Any active member who has prior part-time, provisional, temporary, temporary provisional, seasonal or intermittent as well as substitute (short or long-term substitute) non-membership eligible service, may be entitled to purchase said service. The cost of this purchase will be based on the earnings for the said period and the member's current contribution rate plus buyback interest.

The Franklin Regional Retirement System will not accept service liability for individuals who are not current members of the system and who request to purchase creditable service for time employed by a member unit regardless of membership eligibility in Franklin Regional Retirement System for that service. This policy does not apply to 4(2)(b) service liability.

When a member requests to purchase service for a long-term substitute assignment where the member had been appointed to a specific position to cover a prolonged absence of a single coworker, implying the same meaning as the terms "temporary fill-in", or "interim", and distinguishing the term “long-term substitute'' as different from a substitute that is on a list and ready to fill-in occasionally when needed for random assignments, the service purchase will be allowed notwithstanding the lack of the use of the word “substitute" in M.G.L. 32, § 4(2)(c).

When a member in service requests to purchase veteran's creditable service under M.G.L. 32 § 4(l)(h), they must meet the definition of “veteran” in M.G.L. 32 § 1. Once determined that a member meets the definition of “veteran” in M.G.L. 32, §1, the member must complete the Application for Veteran's Benefits and seek board approval to make the purchase of up to 4 years of military service at any time up to one year after member vests in the retirement system. Vesting is defined as having 10 years of creditable service. Therefore, a member has until they obtain 11 years of creditable service to begin the military service purchase.

A veteran who is a member in service who has obtained 11 years of creditable service and has not bought back their previously approved military service authorized in M.G.L. 32, § 4(l)(h) pursuant to Ch. 71 of the Acts of 1996, will have a one-time opportunity to begin this purchase prior to August 8, 2025.

National Guard and Reservists who do not qualify as a veteran per the definition in M.G.L. 32, § 1, within one year of vesting, or who have not reached the maximum of four years of eligible purchase time within one year of vesting, will have additional time to make the purchase. They will have five years from the date in which they qualify as a veteran, or the date that they qualify for the full four-year purchase, whichever date last occurs, to enter into a buyback agreement.

When a member seeks, and is approved, to purchase veteran's creditable service, previously refunded membership service (buyback), or non-membership service (a make-up), payments can be made by lump sum payment with a personal check, lump sum payment through a direct rollover, or on a payment plan through payroll deductions for up to 5 years. When a member seeks, and is approved, to purchase both refunded membership (buyback) and non-membership service (a make-up) and the member chooses to make partial payments, the payments will be applied to membership service first, starting with the most recent. and then non-membership service starting with the most recent.

Periodic payments must be made in full within five years from the date the Board votes the approval of a buyback and/or make-up (separately or together) unless a greater time is approved by the Board and the member has signed a purchase agreement. The minimum monthly payment must be a minimum of $150 arranged through payroll deduction. At the conclusion of the five years from the date the Board votes the approval (or an approved longer period), or if the member transfers to another retirement system, or if the member terminates service, or if the member retires, prorated service will be given and applied as a purchase of the most recent service first and the approval for any balance of unpurchased service will be cancelled, after which the member can re-request Board approval, with the appropriate retirement board, for the unpurchased service. If a payment agreement is incomplete at the time a member requests a refund of their accumulated total deductions, the refund will include the payment received for the payment agreement and no creditable service will be included in the statement of total credit at the time of refund.

Interest is only charged on military purchases in certain, limited circumstances. If the Board enters into an installment plan with a veteran to purchase this service, "regular interest," as described in G.L. c. 32, Section 22(6)(b), may be charged. No interest would be payable on a lump sum payment.

November 12, 2009
“Documentation in the form of actual payroll records that include: position, wages paid, hours and/or pay rate, and start and end dates, are to be provided by the unit treasurer. Where no payroll records exist, the board will review provided materials.”

January 1, 2009
New members of the Franklin Regional Retirement System shall receive creditable service, for each position worked, in prorated increments, in the following manner:

Creditable Services
Not Less ThanNot Greater ThanPercentage Given
2022.9950%
2325.9960%
2628.9970%
2931.9980%
3234.9990%
3540100%
Creditable Services
Not Less ThanNot Greater ThanPercent Given
04.9910%
59.9920%
1014.9935%
1519.9945%


Any individual who is already a member prior to January 1, 2009, and on January 1, 2009 is an “active” member, shall receive full creditable service regardless of the number of hours worked, for any and all positions they continue working in as of January 1, 2009, except that members working occasionally and sporadically with no clear pattern of a regular work schedule will be given creditable service equal to the actual time worked. Additional positions started on or after January 1, 2009 will receive prorated creditable service as per the above table(s).

Any individual who is an “inactive” member as of January 1, 2009 shall, for time worked prior to January 1, 2009, receive Creditable service consistent with the board regulations in effect prior to January 1, 2009. When returning to “active” membership for prior positions, or for additional positions, started on or after January 1, 2009, they will receive prorated creditable service as per the above table(s). Any return to “active” membership for prior positions shall be consistent with board policy, as of January 1, 2009, regarding membership.

In the application of this regulation, membership and positions allowed will be consistent with board policy regarding membership.

In the case of School Department employees whose full-time employment requires them to work from on or about September1st to on or about June 30th, including but not limited to cafeteria workers, clerical and secretarial staff, teacher’s assistants and teaching professionals, such as therapists, said employees shall receive one month of creditable service for each full month the employee is receiving regular compensation, with ten (10) months being the equivalent of one (1) year of creditable service, based on the following conversion: the number of months worked in a ten month year is multiplied by 1.2 to yield the twelve month equivalent and the creditable service to be given. This conversion will apply in partial years worked as well, whether due to lay-off, resignation, transfer or retirement.

June 24, 2008
 
When a member seeks, and is approved, to purchase both refunded membership service (a buyback) and non-membership service (a make-up), and the member chooses to make partial payments, the payments will be applied to membership service first, starting with the most recent, and then non-membership service, starting with the most recent. Payments must be made within five years from the date the board votes the approval of a buyback and/or make-up (separately or together.) unless a greater time period is approved by the board. At the conclusion of five years from the date the board votes the approval (or an approved longer period), or if the member transfers to another retirement system, or if the member terminates service, or if the member retires; prorated service will be given and applied as a purchase of the most recent service first, and the approval for any balance of unpurchased service will be cancelled, after which, the member can re-request board approval, with the appropriate retirement board, for the unpurchased service.

March 31, 1997

An employee, either full time or part time, receiving a salary or wage for prescribed periods of employment is to be given creditable full time service retroactive to the date of service (Retroactive clause is effective for all members active on or after February 27, 1997). Settlement of small allowance in one sum shall be as provided in G.L. c. 32, § 13.

Regulation Compensation:

(retroactive to July 1, 1988) 

Retirement deductions will be taken from all compensation paid for services by a town warrant if an employee is a member of the retirement system.

Miscellaneous:

January 27, 2025
Company Credit Card Use

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

The Board will oversee the issuance of the credit cards in accordance with this regulation, and only the Board Chair, Board Treasurer, and the Executive Director 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/Assistant Director 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.

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/Assistant Director shall be responsible for purchasing goods and services within established credit limits and 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 produced, 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 purchases are consistent with this regulation.  Purchases for a good or service that exceeds $1,000 require 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/Assistant Director 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/Assistant Director accept cash in exchange for a returned item.

It is the responsibility of the Executive Director/Assistant Director 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.

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

January 24, 2023
Electronic Signatures
The Board of the Franklin Regional Retirement System will allow electronic signatures in compliance with PERAC regulation 840 CMR 28.00 and as specified for each form or document listed below.

Electronic signatures will be solicited and accepted via one of the following software programs:  DocuSign, Adobe

Security measures appropriate to each specified form or document will be described individually and utilized as per description.

The following forms and documents are allowed to be completed with electronic signatures:

Expenditure warrants - either by electronic signature or by wet signature, as defined by PERAC regulation 840 CMR 28.00; but signatures will not be allowed to be submitted via faxed document or via scanned document.  Only signatures of board members present for the vote approving the expenditures will be allowed.  Documents to be signed will be sent to the signers' email addresses on record as their address of choice and signers will be provided with verification codes to insure receipt by the signer.  Signers will be provided with instructions to opt-out of signing electronically and how to sign manually. Signers can opt to receive copies of the fully signed documents.  Electronic copies of fully signed documents will be stored and maintained in accordance with prescribed retention rules published by the Secretary of the Commonwealth of Massachusetts.

Board meeting minutes - either by electronic signature or by wet signature, as defined by PERAC regulation 840 CMR 28.00, but signatures will not be allowed to be submitted via faxed document or via scanned document.  Only signatures of board members present for the meeting for which the minutes were approved by vote of a majority of the board will be allowed.  Documents to be signed will be sent to the signers' email addresses on record as their address of choice and signers will be provided with verification codes to insure receipt by the signer.  Signers will be provided with instructions to opt-out of signing electronically and how to sign manually.  Signers can opt to receive copies of the fully signed documents. Electronic copies of fully signed documents will be stored and maintained in accordance with prescribed retention rules published by the Secretary of the Commonwealth of Massachusetts.

March 31, 2017
Board Credit Cards

The Board may authorize the issuance and use of credit cards, in the name of the Franklin Regional Retirement System, to the Chair of the Board, and to the Executive Director or their designee.  The credit card company’s billings shall be sent to the Board office and the users shall be required to provide receipts for all expenses included in the statement.  All credit card invoices for purchases must be placed on the regular invoices warrant and approved by the Board at the next meeting of the Franklin Regional Retirement System.  The card may be used for any business purpose of the Franklin Regional Retirement System when using the card provides a price and/or availability advantage, otherwise normal invoicing and statement relationships shall be employed whenever possible.  The card may not be used to purchase supplies or other items subject to the competitive bidding process.  Personal use of the Board credit card is strictly prohibited.  

October 27, 2005
The Franklin County Retirement System has determined by vote on October 27, 2005, that it is necessary, and in the best interest of its active and retired members, beneficiaries and survivors, to grant access to the name, address, telephone numbers and/or social security numbers of these individuals for the sole and limited purpose of assisting in the proper administration of M.G. L. c32 and 32B and the issuance of monthly benefit checks.  The Board recognizes the need to protect the privacy of its active and retired members, beneficiaries and survivors, and to that end will only allow access to personal information to the Franklin County Regional Council of Governments’, Director of Finance, Human Resources Department, Data Processing Department and Benefits Coordinator.  The Board will also grant access (for the purpose of mailings but will not allow the release of) of the names and addresses of its active and retired members to candidates who are seeking an elected seat on the board. The following procedure must be undertaken for access to be granted.

  1. All information must be in a sealed pre-stamped envelopes or on a
pre-paid post cards;


  2. Information must be supplied to the Staff at least one week prior to
mailing; and


  3. Address labels will be generated and affixed by the Retirement Board Staff with a cost to the candidate for the labels and time required billed at the lowest office rate.  All information will be mailed by the Franklin County Retirement System staff.  All other requests for the addresses or other personal information of the active and retired members, beneficiaries and survivors will be evaluated on a case-by case basis, and this supplemental regulation may be amended, from time to time subject to PERAC’s approval, to address the needs of the active and retired members, beneficiaries and survivors, and the Franklin County Retirement System.

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