Membership:
April 26, 1993
Full time Employees:
Membership in the retirement system is mandatory for all employees who are regularly employed on a full time basis and whose employment commences prior to the attainment of age 65.
Permanent Part Time Employees:
Part time employees working a minimum of 19 hours a prorated basis as it relates to a full time position.
Part time employees who work less than 19 hours per week shall not become members of the system.
Interns/Co-ops:
Internship is limited to 1462 hours, which is equivalent nine months for full time and can be spread out to twelve months for part time. Interns/Co-ops shall only be allowed to work one internship/co-op at the MWRA. Interns/Co-ops shall not become members of the retirement system.
Contract Employees:
Hired to perform a specific set of duties for a limited time (Less than 1 year); that will perform tasks above the capability or experience level of existing personnel; or hired to fulfill essential duties when coverage by existing staff is not feasible due to vacation schedules, illness, job vacancy, special projects, etc. Contract employees shall not be eligible for membership in the retirement system.
Consultants (Fee for Service):
Hired to perform specialized services for a limited time that are beyond the expertise or capability of existing personnel. Consultants shall not be eligible for membership in the retirement system.
On Call Employees:
Employees hired to fulfill the temporary clerical/other needs of the MWRA. “On Call” employees are hired on an “annual contract” basis, (with a no notice termination clause for both parties), that commences on the date of hire and ends on the one year anniversary of the date of hire. The “On Call” program employees shall not be eligible for membership in the retirement system.
Temporary, Seasonal Employees:
Employees hired to perform an assignment that is not of a continuing nature during a specific period of time. Temporary, seasonal employees shall not be eligible for membership in the retirement system. On Call, Temporary, Intern/Co-op and Part Time employees who become full time employees may be eligible to “buy back” creditable service which was earned while at less than part time, (19 hours per week and therefore ineligible for membership in the retirement system); by the discretion and eventual vote of the retirement board provided that creditable service shall be granted based on actual service rendered. Effective April 5, 1993 all new employees classified not full time and thus not eligible to become members of the retirement system must contribute to the alternative defined contribution retirement plan system of the board.
September 4, 1990
Permanent Part Time Employees:
An employee who is employed at least 18.75 or 20 hours per week on a permanent basis shall become a member of the system.
Interns/Coops, Seasonal, On Call Temporaries:
An Intern Coop, Seasonal or On Call Temporary employee shall not be allowed membership into the retirement system until they are permanently employed. Upon becoming a member, they will be allowed to make payment toward creditable service for the time employed in that capacity.
Contractual (MWRA Employment Contract): A contractual employee shall become a member of the retirement system if later permanently employed. Upon becoming a member, they will be allowed to make payment toward creditable service for the time worked in that capacity. (Revised by supplementary rules approved April 26, 1993)
Creditable Service:
November 29, 2001
- Employees of the MWRA whose compensation is paid through a federal grant and whose employment terms and conditions would otherwise qualify them for membership, are eligible for membership in the MWRA Retirement System.
- Active members of the MWRA Retirement System who previously were excluded or omitted from membership in the MWRA Retirement System due solely to the federal source of payment of the employees’ compensation, and whose employment terms and conditions would otherwise qualify them for membership in the MWRA Retirement System, are entitled to membership in the system retroactive to the date of such exclusion or omission, upon full and complete payment into the retirement system of the appropriate retirement contribution. Such members are entitled to the benefits of membership which were in effect at the time of such exclusion or omission.
- Active members of the MWRA Retirement System who have rendered prior employment service in another governmental unit subject to the provisions of G.L. c. 32, and whose compensation for such service was paid through a federal grant, are eligible to purchase creditable service for such prior employment service, if such prior employment service, if rendered to the MWRA, would have been eligible to be purchased.
Regular Compensation:
Miscellaneous:
July 11, 2016
This supplemental regulation approved on January 26, 2012. Board members are allowed to remotely participate at Board meetings in accordance with 940 CMR 29.10, except as follows:
Remote participation can be employed only by internet, satellite enabled video conferencing or any other technology that enables the remote participant and all persons present at the meeting location to be clearly visible to one another and to all persons present. Notwithstanding, remote participation by telephone, cellular phone, audio or any other means may be allowed by vote of the Board where special or unforeseen circumstances require.
Upon commencement of the meeting, the remote participant must declare who is present at the remote location, and must immediately report arrivals or departures by any other individual from the remote location.
Prior to the commencement of executive session, the remote participant must ensure that all individuals who may be present vacate the remote location in order that the privacy required by executive session can be maintained. Upon the commencement of executive session, the remote participant must declare that no other individuals are present at the remote location.
February 11, 2015
Correction of Errors under G.L. c. 32, [§] 20(5)(c)(2)
In all cases of correction of an error of the MWRA Employees’ Retirement Board of an underpayment or non-payment of a pension or benefit to a member or beneficiary of the MWRA Employees’ 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 error of the MWRA Employees’ Retirement Board of an overpayment of a pension or benefit to a member or beneficiary of the MWRA Employees’ 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).
December 24, 2012
Purchase Of Military Service
Service credit with respect to qualified military service is subject to Internal Revenue Code Section 414(u) and the Uniform Services Employment and Reemployment Rights of 1994, as amended (USERRA). Members who have timely filed for and are eligible to purchase military creditable service for their military service under G.L. c. 32, s. 4(1)(h) may be credited with up to four years of service. Service shall not be credited unless and until the member has paid into the annuity savings fund payments for each year of creditable service sought an amount equal to ten percent of the regular annual compensation of the member when the member entered the retirement system. Such payments may be made in one sum or in installments at any time prior to retirement.
July 19, 1994
Forms
Approval of Option Selection Forms and Option (d) beneficiary designation form.
June 2, 1987
Make-Up Payments
Employees may request, in writing, permission to make-up payments for their previous employment if the Retirement System from which they were previously employed is established within the provisions of c. 32. Each employee requesting permission to make-up payments for their previous employment shall provide the retirement system with a verified list of salaries, earned by them, by calendar year, not including any overtime or bonuses, so that a make up payment can be calculated. Make-up payments consist or regular contributions plus interest received at the time of a refund plus interest the employee’s account would have earned had they not received a refund. Employees of a temporary nature found to be ineligible for membership in a governmental unit covered by c. 32 may purchase past service upon becoming a permanent employee. Purchases of prior creditable service may be in a lump sum at any time prior to retirement or in annual periodic payments [subject to four enumerated conditions].