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Middlesex County Retirement Board Supplemental Regulations

Regulations accepted by the board and approved by PERAC

Membership:

September 1, 2010:

A.   Employees of all member units of the Middlesex County Retirement System who are regularly employed in a permanent position for a minimum of 20 hours per week and who earn a minimum of $5,000 per year must become members of the System.

B.   Employees of all member units of the Middlesex County Retirement System who are provisional, seasonal, temporary or intermittent, and who are regularly employed in a position for a minimum of 20 hours per week for a period of six consecutive months, and who earn a minimum of $5,000 per year, must become members of the system at the conclusion of the six-month period. Such members shall be allowed to purchase prior non-membership service.

C.   Employees of all member units of the Middlesex County Retirement System who are employed less than 20 hours per week are ineligible for membership.

D.   Employees, elected and  appointed officials of all member units of the Middlesex County Retirement System who earn less than $5,000 per year are ineligible for membership.

Creditable Service:

Effective July 23, 2014

Purchase of Credit for Prior Non-Contributing Service
Pursuant to G.L. c. 32, §§ 3(5) and 4(2)(c), creditable service for previous non-contributing part-time, provisional, temporary, substitute, temporary provisional, seasonal or intermittent employment rendered to a governmental unit which is subject to the provisions of G.L. c. 32, shall be based upon actual service rendered as follows:

Purchase of Credit for Prior Non-Contributing Service
Actual Service Period Total Hours, Days, and Months
1 Day 7.5 hours
1 Week 37.5 hours or 5 days
1 Month 162. 5 hours or 21 days
1 Year 1950 hours or 12 months


Except such employment or service rendered in a school department or school district shall be based upon actual service rendered as follows:

 

Except Employment or Service rendered in School Department or School District
Actual Service Period Total Hours, Days, and Months
1 Day 6 hours
1 Week 30 hours or 5 days
1 Month 108 hours or 18 days
1 Year 1080 hours or 10 months

 

A.   Members of the Middlesex County Retirement System who earn less than $5,000 per year and who established membership prior to July 1, 2009 shall continue to be members of the system. The regular compensation of such member shall be subject to retirement withholdings, but such member shall not accrue creditable service after July 1, 2009, except that, such member who on said date was serving in an elected or appointed term of office or employment shall continue to be credited with service until the expiration of said term of office or employment, but not thereafter.

B.   Members of the Middlesex County Retirement System shall be credited with one year of service for each year of employment of not less than 20 hours per week, or yearly proportion thereof. If the member’s hours of employment fall below 20 hours per week, the member shall be credited with one-half year of creditable service, or yearly proportion thereof.

C.   Creditable service may be allowed for any period of approved leave of absence without regular compensation which is not in excess of one month, upon petition to the Board by the member. Any portion of any period of continuous leave of absence of any member without regular compensation which is in excess of one month shall not be creditable service.

This regulation shall apply to creditable service calculated for member buybacks, membership transfers to other Massachusetts retirement systems and retirement benefit calculations for members of the Middlesex County Retirement System retiring on or after September 1, 2010.

Regular Compensation:

December 17, 2019:

Employment of Active Members in Additional Employment Positions within the Middlesex County Retirement System

Where an active member of the Middlesex County Retirement System becomes regularly employed in additional positions within any member unit of the System, and where the compensation paid to the member for services rendered in the additional positions complies with the requirements of regular compensation as set forth in G.L. c. 32, § 1 and 840 CMR 15.03, the compensation for the additional positions paid to the member by the governmental unit shall be regular compensation.

Miscellaneous:

February 14, 2014

Correction of Error 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 Middlesex County 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 annually determined for such period by the Public Employee Retirement Administration Commission pursuant to G.L. c. 32, § 22(6).

In all cases of correction of an overpayment of a pension or benefit to a member or beneficiary of the Middlesex County 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 annually determined by the Public Employee Retirement Administration Commission pursuant to G. L. c. 32, § 22(6).

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).

Contact   for Middlesex County Retirement Board Supplemental Regulations

Fax

978-439-3050

Address

Middlesex Retirement Board
25 Linnell Circle, Billerica, MA 01821

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