Purpose
Massachusetts General Law c.32, §3(2)(g) requires a retirement board to classify members within one of the four applicable groups. Where eligible, a member's group classification may impact their retirement allowance.
The following governs the classification of positions by the Massachusetts State Board of Retirement (hereinafter "the Board") pursuant to M.G.L. c.32, §3(2), and sets forth the procedures utilized by the Board and its staff.
General Requirements
a) In order for the current position held by a member of the State Employees' Retirement System to be classified by the Board, the member: (1) must be actively employed by the Commonwealth, or by an agency or governmental entity subject to the State Retirement System;* (2) must actively hold the position for which they seek classification; and, (3) must be actively performing the duties of the position for which he/she seeks classification for not less than twelve consecutive months at the time of classification.
*Please note: per to M.G.L. Chapter 32, § 5, members who entered into state service prior to April 2, 2012, and wish to seek group 2 classification must be at least age 55 to be considered, and those seeking a group 4 classification must be at least age 45 to be considered.
Additionally, per M.G.L. Chapter 32, § 3, members who entered into state service prior to April 2, 2012, and wish to seek group 2 classification must also be vested (have attained 10 years full-time creditable service) to be considered.
b) If a member who seeks classification is no longer employed by the Commonwealth, or by an agency or governmental entity subject to the State Retirement System and seeks classification in conjunction with a deferred retirement pursuant to M.G.L. c.32, §10, the Board will classify the member's position in effect from when last in service pursuant to the provisions herein.
c) The Board reserves the right to review other classification requests on a case by case basis, such as where there have been job actions, including but not limited to demotions, temporary transfers, reassignments, retrenchments, employment in an "acting" status, etc. that affect a member's position or employment. The Board may require the member and the employing agency to certify under the penalties of perjury that the job action in question did not occur in contemplation of, or as a result of the member's retirement, and did not result from any collusion or collaboration between the member and employer.
d) The Board reserves the right to subsequently review classifications of positions that are requested and not made in conjunction with a member's retirement application.
Requests for Group Classification
a) Where otherwise eligible, a member seeking classification of his/her position shall be required to complete a Group Classification Application. A copy will also be forwarded to the member's employer. No request for classification shall be reviewed unless the Group Classification Application has been completed and the submitted to the Board with the required information.
b) A Classification Committee consisting of at least two of the Executive Director, the Deputy Director and/or Assistant Deputy Director of the State Board of Retirement, and two other staff members of the Retirement Board or its legal staff will initially review requests for classification.
c) Requests for classification of the positions of MRWI or II (Mental Retardation Worker), MHW I or II (Mental Health Worker), or requests that are specified and confirmed by the Board to be within the language of G.L. c.32, §3(2)(g) that are classified unanimously by the Classification Committee will be deemed approved for classification purposes by the Board. The Board will thereafter notify members of its decision and of any right to appeal as appropriate. The Board may review requests for reconsideration.
d) Except as otherwise provided, requests for classification of positions that are not provided for in Section III(c) of this policy, or that are not classified unanimously by Classification Committee will be presented to the Board for its review and determination. The Board will thereafter notify the members of its action and of any right to appeal as appropriate. The Board may review requests for reconsideration.
e) If a request is made by a member who is 65 years of age or older, and who seeks Group 2 or Group 4 classification, the Classification Committee will classify the position. That classification shall be deemed approved by the Board. Please note, in this circumstance, the classification will have no impact on his/her retirement calculation.
Classification Requests Under G.L. c.32, §28M, §28N ("20/50")
a) No request for classification pursuant to G.L. c.32, §28M or §28N will be processed unless requested in conjunction with a member's retirement application being filed.
b) Requests for positions specified within the language of G.L. c.32, §3(2)(g) for Group IV that are classified unanimously by the Classification Committee as set forth in this policy will be deemed approved for classification purposes by the Board. The Board will thereafter notify the member of its action and of any right to appeal as appropriate. The Board may review requests for reconsideration.
c) Except as otherwise provided, requests for classification of positions that are not provided for in Section IV(b) or that are not classified unanimously by Classification Committee will be presented to the Board for its review and determination. The Board will thereafter notify the member of its action and of any right to appeal as appropriate.
Authority: G.L. c.32, §3; §20; §28M; §28N
Adopted: June 24, 2004