Hampden County Retirement Board Supplemental Regulations

Regulations accepted by the board and approved by PERAC

Membership:

September 25, 2007

I. Minimum Earnings Required for Membership

All employees must earn more than two hundred dollars in a calendar year for at least one year in order to be eligible for membership in the retirement system. Once this requirement is met, the individual remains a member of the retirement system even if he or she earns less than two hundred dollars in a calendar year thereafter.

II. Requirements for Membership

1. A permanent full-time employee of any member unit of the Hampden County Regional Retirement System shall become a member of the Hampden County Regional Retirement System on the first day of employment.
2. A part-time permanent employee who normally works more than twenty hours per week shall become a member of the Hampden County Regional Retirement System on the first day of employment.
3. A seasonal employee who normally works more than twenty hours per week for five months or more in a calendar year shall become a member of the Hampden County Regional Retirement System on the first day of employment.
4. Part-time employees whose normal work week is twenty hours or less and seasonal employees whose normal work week is twenty hours or less or who are employed less than five months in a calendar year, temporary or provisional employees shall not become a member of the Hampden County Regional Retirement System until they meet one of the requirements set out in Regulation II. A, B or C above.

January 22, 2010

6. 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 Hampden County Regional Retirement System
7. Non-members who request retirement service credit from the Hampden County Regional Retirement System (hereinafter “HCRRS”) through another retirement system, for the time they were employed by one of the member units within the HCRRS and not contributing thereto, shall receive no service credit and the HCRRS accepts no liability for such time for said non-member. However, should it be found that through no fault of the individual, the non-member should have become a contributing member of the HCRRS, then the HCRRS will accept liability for retirement service credit per the guidelines set forth by the HCRRS for purchasing of retirement service credit.

August 19, 1986

A full-time permanent employee becomes a member of the system on the first day of employment. The retirement board considers a temporary part-time, temporary full-time, provisional, seasonal or intermittent employee eligible for membership if the employee has worked 975 hours or its equivalent within a calendar year. Said individuals shall be allowed to purchase that period of employment prior to becoming a member as creditable service. REVISED by rule approved September 18, 1989 and rule approved June 18, 1991 to be effective as of July 1, 1991.

Creditable Service:

September 25, 2007

III. Creditable Service for Less Than Permanent Full-Time Employment

1. All employees who are members of the Hampden County Regional Retirement System who are full time permanent, part-time, temporary, provisional or seasonal employees shall receive full creditable service for service rendered during his or her membership in the Retirement System or for any period of creditable service purchased as prior service pursuant to Regulation IV.  [IV was not approved].

V. Creditable Service for Call Firefighters and Permanent Intermittent or Reserve Police Officers

1. The Board shall credit as full time service not to exceed a maximum of five years that period or time during which a reserve or permanent intermittent police officer or call firefighter was on his or her respective list and was eligible for assignment to duty subsequent to his or her appointment, and provided that such service as a reserve or permanent intermittent police officer or call firefighter shall be credited only if such reserve or permanent intermittent police officer or call firefighter was later appointed as a permanent member of the fire department or police department.
2. Creditable service for a reserve or permanent intermittent police officer or a call firefighter shall be credited with one year of full creditable service for every two full years of service as a reserve or permanent intermittent police officer or call firefighter, as consistent in section 4(2)b of Chapter 32.
3. A call firefighter who is elected in a manner prescribed by the General Laws shall be credited with one year of creditable service for each year as an elected firefighter.

Regular Compensation:

Miscellaneous:

October 12, 2022

Communication Policy:

1. All written (via letter or email) communications requesting information regarding procedures, policies, meeting minutes, budget information, and annual reports must be addressed to the Retirement Board and directed to:

Karen Martin, Executive Director
with a cc. to Karl Schmaelzle, Chairman
67 Hunt Street, Suite 116
Agawam, MA 02001

2. Requests by text message will not be accepted.
3. Request for Public Records are governed by the M.G.L. c. 66, Section 10.  Any written request for public records must be addressed to:

Records Access Officer
HCRR
67 Hunt Street, Suite 116
Agawam, MA 01001

4. Ordinary direct communications with HCRRB Attorneys are prohibited.  This prohibition shall not apply to communication which pertain to legal matters.
5. Appointment requests by members or beneficiaries may be initiated by telephone communication or by written request for an appointment.  Appointments will be scheduled by the staff on days and times per the staff schedule.
6. Requests to come into the office to view public information must be pre-arranged by written request directed to Karen Martin, Executive Director.

Exceptions to this policy:

7. This communication policy shall not apply to governmental or state agencies, retirement units, department heads, members or beneficiaries.
8. Telephone communications with the retirement office for an appointment for retirement issues and information.

August 1, 2022

REQUIRING WRITTEN NOTICE TO THE BOARD ON OFFSET CLAIMS

The board does hereby adopt the following notice requirement for all members of the Hampden County Retirement System. Members must provide written notice to the Hampden County Retirement Board ^[1] in any and all injuries caused by a third party (party other than employer) responsible for the injury.

Notice is required at each stage:

1. After the injury (within a reasonable time but no longer than five (5) business days;
2. On or about the same time a claim letter is sent to the responsible third party or the insurer for said party (or parties);
3. Upon entering into settlement discussions, mediation or arbitration; and
4. Upon filing any court action against the third party.

NOTICE DETAILS:

1. NAME, ADDRESS AND TELEPHONE NUMBER OF THIRD PARTY;
2. NAME, ADDRESS AND TELEPHONE NUMBER OF THE  INSURER;
3. DATE, PLACE, TIME, AND DETAILS OF THE INCIDENT, INJURY AND OTHER RELEVANT  INFORMATION; AND
4. NAME, ADDRESS, TELEPHONE NUMBER OF ANY WITNESS AND PROVIDE COPIES OF ANY WITNESS STATEMENTS, POLICE REPORT OR INJURY REPORTS FOR SAID INJURY.

FAILURE TO PROVIDE NOTICE REQUIRED HEREIN MAY RESULT IN A RETIREMENT BOARD INVESTIGATION, HEARING AND SUSPENSION OF BENEFITS DURING ANY TIME PERIOD DURING WHICH THE MEMBER HAS FAILED TO COOPERATE AND PROVIDE THE APPROPRIATE REQUIRED NOTICE.

CASH MANAGEMENT POLICY

Hampden County Regional Retirement Board Cash Management Policy decisions shall be made with judgement and care which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of principal as well as the anticipated income to be derived.

The standard of prudence to be used by the Hampden County Regional Retirement Board, Hampden County Regional Retirement Board’s Treasurer and designated staff shall be the “prudent person” standard.  This standard shall be used by the Hampden County Regional Retirement Board, its Treasurer, and designated staff in the context of managing the overall cash and investment accounts.  Designated staff will be the Executive Director and the Assistant Executive Director.

The Hampden County Regional Retirement Board, the Hampden County Regional Retirement Board’s Treasurer and designated staff will manage the cash and investments and invest all funds for the longest appropriate duration at the highest rate of interest (net of fees) reasonably available considering safety, liquidity needs, and yield.

The Hampden County Regional Retirement Board’s Treasurer, or his/her designee shall prepare a 15-month cash flow forecast which shall be updated quarterly.  The forecast will also show the previous 12 months with the forecasted amounts shown compared to the actual amounts received and disbursed.

The Hampden County Regional Retirement Board’s Treasurer and designated staff shall safeguard all cash and checks received by the Hampden County Regional Retirement Board and shall deposit such in the Board’s “Operational Account” no later than one business [day] following the day of receipt.

Funds may be withdrawn by the Board’s Treasurer or designated staff from investments to pay the Board’s expenditures, inclusive of monthly pension payments.

Monthly statements shall be provided to the Hampden County Regional Retirement Board and its Audit Committee showing the beginning balance of cash and investments, receipts, disbursements and the income or loss on cash and investments by the end of the following month of activity.

A. Authorized Investments include:  a) bank deposits (checking, savings, money market, certificates of deposits, etc.…) that are fully insured, b) investments in instruments of the United States Treasury, Federal Agencies and government sponsored entities that are fully backed by the United States Government, c) other as authorized by vote of the Board.  If the cash balances exceed 150% of the prior 3-month expenditure average, unless determined by the Board’s Treasurer to be inadequate to cover the upcoming month’s expenditures, then the excess amount shall be transferred to the PRIT fund.  Transfers, both to and from the PRIT fund shall be made in accordance with PRIT policies and procedures and shall be made to assure adequate cash flow in accordance with the provisions of this policy.

The Hampden County Regional Retirement Board shall designate one additional Board member whose name and signature shall also appear on the cash/investment documents of the Board and shall function as the Treasurer for purposes of cash management should the Treasurer be unavailable, relieved of their duties or otherwise become incapacitated for any reason.  The primary purpose of this secondary designee is to maintain the financial transactions of the Board in the absences of an appointed Treasurer during the time of disruption.

To fulfill both the Board’s and the Treasurer’s fiduciary responsibilities the Treasurer shall periodically, but no less than once every three (3) years shall investigate banking arrangements with local banks, considering both interest rates on deposits and banking fees, to assure the Board that the most economically efficient arrangements is in place.  The investigation shall be documented, and a written report shall be provided to the Board justifying a recommended bank.  The Board shall vote on all banking arrangements made by the Treasurer.

Voted and approved by the Hampden County Retirement Board on May 4, 2022.

^[1] The original draft submitted required notice to the Springfield Retirement System.  We have corrected this scrivener’s  error as the policy is that of the Hampden County Retirement Board.

September 27, 2021

Overtime Policy Hampden County Regional Retirement Board

All effort will be made to complete any and all work and or projects during normal work hours for the Retirement Board.

At certain times during the course of the year, projects may arise (i.e. member elections, federal form mailing deadlines, etc.) that may require the Retirement Board staff to work overtime since completion of such tasks is not able to be accomplished during regular business hours.

Prior Board approval will be sought through an agenda item at the board meeting held in advance of the project timeline.  The agenda item will include the work project to be done, the approximate amount of overtime hours needed to complete the project and the rate of pay pursuant to the current collective bargaining agreement that each Retirement Board staff member will be paid.

Should a project arise that given time restraints/deadlines would not lead to prior Board approval, then the Executive Director shall inform the Chairman/Treasurer of the Retirement System of the need for overtime usage and will seek approval. 

At the next meeting an agenda item will list the reason for the overtime, hours worked and the total overtime payment.

Each overtime warrant shall contain the following:

           Reason for the overtime

           Time period covered

           Check number

           Retirement Board staff member’s name

           Hours worked by staff member along with overtime rate of pay

July 23, 2021

PROCUREMENT POLICY

For every contract for the procurement of supplies, services or real property and for disposing of supplies or real property where no other statute shall apply, the HCRB shall follow the requirements of Massachusetts General Law, Chapter 30B.  Any exception to this policy must be approved by a vote of the members of the HCRB Board.

The Executive Director shall act as the Chief Procurement Officer for HCRB.  The Executive Director is hereby authorized to enter into contracts for the procurement of supplies and services which have a total value of less than $10,000.00.

A vote of the Board shall be required for any contracts for the procurement of supplies or services whose total value is $10,000.00 or greater, or any contract for the procurement of real property, or any contract for disposing of supplies or real property.

A vote of the Board shall be required for the award of any contract pursuant to Massachusetts General Law, Chapter 32, for legal, actuarial, accounting and investment services.

August 19, 1986

VI. Record Keeping

The responsibility for record keeping under these rules shall lie with the member unit treasurers of the Hampden County Regional Retirement System.

VII. Nomination Procedure for Election of Member’s Representative to the Hampden County Regional Retirement 

1. The Advisory Council to the Hampden County Regional Retirement Board shall meet at the call of its chairman to set the nomination dates pursuant to the following rules:
   1. The period of time nomination papers shall be available shall not be less than six calendar days and not more than ten calendar days.
   2. Nomination papers will only be available at the Hampden County Regional Retirement Board office between the hours of 9:00 A.M. and 4:00 P.M.
   3. Not less than five calendar days and not more than ten calendar days prior to the first day of the opening of the nomination period, the Advisory Council to the Hampden County Regional Retirement Board shall publish in a Springfield newspaper legal notice section a notice of the time, dates and place were nomination papers will be available and shall mail the same notice to the town clerks of those communities which have member units in the Hampden County Regional Retirement System and to the member unit treasurers of the Hampden County Regional Retirement System.
   4. The nomination papers to be used are attached hereto as Exhibit A and incorporated by reference.

September 25, 2007

VIII. The Disability Benefit/Accidental Death Benefit Determination Process

A. The Hampden County Regional Retirement Board may designate a hearing officer for the purpose of conducting preliminary hearings regarding all ordinary and accidental disability claims as well as accidental death claims.

1. The hearing officer shall be a member of the Massachusetts Bar and be admitted to practice before the courts of the Commonwealth of Massachusetts.
2. The hearing officer shall be a Notary Public and/or a Justice of Peace or be some other official authorized by the Commonwealth of Massachusetts to administer oaths.

B.  The hearings conducted by the hearing officer shall comply with the Code of Massachusetts Regulations governing the conduct of a hearing before a Retirement Board pursuant to 840 CMR 10.00.

1. All witnesses who testify at said hearing shall be sworn by the hearing officer.
2. All evidence admitted at the hearing shall comply with the Code of Massachusetts Regulations governing admissibility of evidence pursuant to 840 CMR 10.12(f).
3. There shall be no requirement that the hearing officer maintain a permanent record of the hearing by electronic or stenographic means.

C.  The hearing officer shall within twenty-five days of the conclusion of the hearing, file a report with the Hampden County Regional Retirement Board.

1. Said report shall include the hearing officer’s findings of fact and may include a recommended decision of the hearing officer regarding the application before him.
2. The hearing officer in his report may make the following recommendations:
   1. He may recommend that the Hampden County Regional Retirement Board grant the application for ordinary or accidental disability benefits or may in the appropriate case recommend the award of accidental death benefits by the Hampden County Regional Retirement Board.
   2. The hearing officer may recommend that the Hampden County Regional Retirement Board deny accidental disability benefits, ordinary disability benefits or accidental death benefits.
   3. The hearing officer may forward to the Hampden County Regional Retirement Board a list of findings of facts without a recommended decision.
   4. Upon receipt of the report by the hearing officer, the Hampden County Regional Retirement Board shall take the following action at a duly called meeting of the Board:

1. If said report recommends the award or denial of ordinary or accidental disability benefits or an accidental death benefit, the Hampden County Regional Retirement Board may adopt the hearing officer’s findings of fact and recommended decision in whole or in part and award or deny benefits or the Hampden County Regional Retirement Board may conduct its own de nova hearing on said application for benefits pursuant to 840 CMR 10.12.
2. If said report contains no recommended decision, the Hampden County Regional Retirement Board may adopt the hearing officer’s findings of fact in whole or in part and award or deny the appropriate benefits or the Hampden County Regional Retirement Board may conduct its own de novo hearing on said application for benefits pursuant to 840 CMR 10.12.

IX. Withdrawal of Retirement Application

An applicant for superannuation retirement, ordinary disability or accidental disability retirement may withdraw his or her respective retirement application at any time prior to the date the application becomes effective.

X. Public Officials Regulation

A person appointed by the Mayor, Board of Selectmen, Town Council or Retirement Board, to serve as a member of a public Board or Commission or as a public official in a member unit of the Hampden County Regional Retirement System including but not limited to a member of the Retirement Board, Planning Board, Board of Public Health, Town Counsel, Assessor, Legal Counsel, Police Chief or Fire Chief, shall be entitled to membership in the Hampden County Regional Retirement System provided that the person earns at least two hundred dollars in a calendar year, and regardless of whether the person is employed more than twenty hours per week.

Credit for such service shall be calculated by using a fraction in which the denominator is 1000 and the numerator is the actual hours employed in a calendar year by the person. If the numerator equals or exceeds the denominator then the person shall be entitled to one year of creditable service per calendar year of actual service. If the numerator is less than the denominator then the fraction shall be multiplied by 12 to determine the number of full months of creditable service the person is entitled to receive.

If the person receives a stipend or annual payment or compensation without a requirement of hours to be worked, then creditable service shall be determined by using a fraction in which the denominator is 2400 and the numerator is the amount of stipend paid or compensation received by the person in a calendar year. If the numerator equals or exceeds the denominator then the person shall be entitled to six months of creditable service per calendar year of actual service. If the numerator is less than the denominator then that fraction shall be multiplied by 183 to determine the number of days of creditable service the person is entitled to receive.

January 28, 2002

Durable Power of Attorney

The Retirement Board has prepared for its members, retirees and beneficiaries use, a Durable Power of Attorney form which the Board strongly urges all persons contemplating the need for such form to complete and forward to the Retirement Board. The purpose of this regulation is to encourage uniformity in the use of these documents and to reduce the opportunity for misfeasance and/or fraud.

September 25, 2000

Signature on the Disability Transmittal

The board authorizes, after approval of an application for disability retirement by the Retirement Board at a formal meeting, the Executive Director or in his absence the Assistant Director to sign the PERAC transmittal form regarding that disability.

February 1, 1990

Annual Affidavit

Board granted waiver of requirement under 840 CMR 15.01(c) that retired members annually provide “a statement certifying that the member or beneficiary is currently living”.fd