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North Adams Retirement Board Supplemental Regulations

Regulations accepted by the board and approved by PERAC

Membership:

August 26, 2021:

Pursuant to M.G.L. Chapter 32, §. 3(2)(d), any employee who a System Unit hires, but whose continued employment is contingent upon successfully completing the police academy, firefighter academy or passing any other prerequisite training as a condition of employment, shall be considered a provisional employee, and the employee will only become a System member and considered a permanent employee upon satisfying this employment condition.

January 6, 2003:

No part-time, provisional, temporary, temporary provisional, seasonal or intermittent

employees or any other part-time employees in any governmental unit or board, shall become members of the retirement system, unless regularly employed for an average of twenty-five (25) hours per week, and such employees are eligible for membership after six months of such employment. Actual time worked must be documented to the satisfaction of the board and creditable service is only allowed for actual time worked.

Membership is mandatory for employees meeting the above requirements. This rule is not intended to conflict or modify Chapter 32, Section 4(2)(b) pertaining to creditable service allowed for reserve or permanent intermittent police officers or reserve, permanent intermittent or call firefighters.

Permanent full-time employees shall be granted one year of credit for each calendar year of service. Employees will be considered full-time if they work an average of at least thirty-five hours per week. There shall be no waiting period for full-time

Creditable Service:

March 28, 2013: 

Members of the North Adams Retirement System shall receive creditable service, in whole month increments, consistent with this regulation in the following manner:

For a member in service who is employed in a full-time capacity, he/she will receive one (1) month of creditable service for each full month for which the employee receives regular compensation and remits the appropriate contributions to the North Adams Retirement System, with said service not to exceed one (1) year of creditable service in any calendar year.

For a member in service who is employed in a part-time capacity throughout his/her entire career, he/she will receive one (1) month of creditable service for each full month for which the employee receives regular compensation and remits the appropriate contributions to the North Adams Retirement System, with said service not to exceed one (1) year of creditable service in any calendar year.

For a member who has rendered membership service in the North Adams Retirement System in both a full-time and part-time capacity, the member shall receive full credit for all full-time service and prorated credit for part-time service based on the full-time equivalency of 30 hours per week.

For a member who is employed in a part-time capacity throughout his/her career but who either purchases past refunded service, or has transferred into the North Adams Retirement System previous service rendered in a full-time capacity, the member’s part-time service shall be prorated based on the full-time equivalency of 30 hours per week.

In the case of School Department employees whose full-time employment requires them to work from on or about September 1st to on or about June 30th., including but not limited to cafeteria workers, clerical and secretarial staff teacher’s assistant 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. School Department employees who are employed in a part-time capacity shall have their creditable service prorated in the same manner as all members of the North Adams Retirement System as set forth in this regulation.

The Board recognizes that certain School Department employees, including but not limited to custodians and secretaries, are required to work the entire calendar year, and in such a situation, said employees’ creditable service will be calculated based on a twelve (12) month year.

Creditable service for 10 month employees shall be based on 30 hours being the equivalent of 1 week, whereas creditable service for 12 month employees shall be based on 30 hours per week.

Any member purchasing past part-time service rendered shall have said service prorated based on 30 hours per week being considered a full-week of service. Notwithstanding the foregoing, any member who works part-time his/her entire career, and purchases past part-time service rendered, will have all creditable service deemed to be full-time.

January 6, 2003:

BUYBACK:

All make-up payments for prior service credit must be approved by the Board.

Creditable service shall be based on the following formula according to the average hours worked per week. Under twenty (20) hours no credit; 20-25 average hours per week= ½ time employee; 26-34 average hours per week=¾ time employee; 35 or more average hours per week = full time employee.

Regular Compensation:

Miscellaneous:

October 12, 2016:

Correction of Errors

In all case in which a benefit calculation error occurs that results in an underpayment or non-payment of a pension or benefit to a member or beneficiary, or in the event of any overpayment as the result of an error to a member or beneficiary, the Board shall, consistent with the provisions of M.G.L. c. 32, §20(5)(c)(2) pay to or collect from the member or beneficiary as the case may be, the actuarial equivalent of the benefit paid or received in error.  Pursuant to the Supreme  Judicial Court decision in Herrick v. Essex Regional Retirement Board, 465 Mass. 801 (2013) and PERAC Memorandum #32/2013, the Board has determined that the actuarial equivalent requires that regular interest, as that term is defined in M.G.L. c. 32 §1, shall be included in any amount owed to or recouped from a member or beneficiary.

January 6, 2003:

Three (3) Board members' signatures are required on all warrants.

All investments must be reviewed by the full five members of the Board.

All make-up payments for prior service credit must be approved by the Board.

The minutes of all Board meetings must be read and approved by the Board.

Account information, financial and medical, of both current and former members are not public records.

It is understood by the Board that the Massachusetts General Laws Chapter 32 supersede any conflicting rules, regulations and by-laws established herein.

Contact   for North Adams Retirement Board Supplemental Regulations

Fax

413-664-9412

Address

61 Main Street, Suite 247, North Adams, MA 01247

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