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Wakefield Retirement Board Supplemental Regulations

Regulations accepted by the board and approved by PERAC

Membership:

April 25, 2023
All permanent employees who are regularly employed for not less than thirty (30) hours per work week, and who are scheduled to receive at least five thousand ($5,000) annually shall become members of the Wakefield Retirement System.  The threshold of thirty (30) hours cannot initially be met by combining multiple positions of less than thirty (30) hours.

Service of a previously established member who then becomes employed in a position receiving compensation of less than Five Thousand Dollars ($5,000) annually, which service occurs on or after July 1, 2009, shall not constitute creditable service, however, the member must still remit contributions to the retirement system in accordance with M.G.L. c. 32, § 22(1)(b).

All part-time, provisional, part-time temporary, temporary provisional, seasonal or intermittent employees shall not be eligible for membership in the Wakefield Retirement System.  Employees are considered temporary if they are expected to be employed for less than six (6) months.  Notwithstanding any language in the Board’s membership regulation to the contrary, individuals who the Wakefield Police Department hire whose continued employment is contingent upon graduation from an accredited Massachusetts Police Academy or equivalent agency shall not be eligible for System membership unless and until the employee graduates said Academy.

All new members, at the time of enrollment, must also furnish the Board with a copy of his/her birth certificate, and veterans must file a copy of his/her Discharge of Military Service (DD214) or equivalent which shall be kept on file.

An elected official who is scheduled to annually receive at least five thousand ($5,000) in regular compensation may elect to become a member of the System in accordance with M.G.L. c. 32, § 3(1)(a)(vi), within 90 days of assuming office.  If an elected official does not elect membership within the required timeframe, they will not be eligible to buy back previous elected official time.

If an inactive member subsequently returns to public employment with the Town of Wakefield or the Wakefield Housing Authority, the member will become an active member again only if their new position meets the membership requirements.  A member who does not have a break in employment but is reassigned to a position with the same employer that is less than thirty (30) hours per week will continue to be an active member of the retirement system.  Creditable service will be prorated based on the full-time hours.

November 2, 2020
All permanent employees who are employed on a regular work week for not less than thirty (30) hours within such work week, shall become members for the Wakefield Retirement System. 

Creditable Service for current members employed as Traffic Supervisors shall be allowed on the basis of one year of credit for three years of employment;

Creditable service for Call Firefighters shall be allowed on the basis of one year of credit for five years of employment, except as otherwise provided by M.G.L. c. 32, s. 4(2)(b);

All part-time, provisional, part-time temporary, temporary provisional, seasonal or intermittent employee shall not be eligible for membership in the Wakefield Retirement System.  Employees are considered temporary if they are expected to be employed for less than six (6) months.

Notwithstanding any language in the Board’s membership regulation to the contrary, individuals who the Wakefield Police Department hire whose continued employment is contingent upon graduation from an accredited Massachusetts Police Academy or equivalent agency shall not be eligible for System membership unless and until the employee graduates said Academy.

October 13, 2020
Anyone employed by the Town of Wakefield or the Wakefield Housing Authority, whose total service for their primary position equals or exceeds 1560 scheduled hours per year shall be enrolled in the Wakefield Retirement System.  The primary position is defined as the position with the highest number of hours.  It may not be combined with any other position.

December 12, 2018
All permanent employees who are employed on a regular work week for not less thirty (30) hours within such work week, shall become members of the Wakefield Retirement System; (Emphasis in original.)

All part-time, provisional, part-time temporary, temporary provisional, seasonal or intermittent employee shall not be eligible for membership in the Wakefield Retirement System. Employees are considered temporary if they are expected to be employed for less than six (6) months.

Notwithstanding any language in the Board's membership regulation to the contrary, individuals who the Wakefield Police Department hire whose continued employment is contingent upon graduation from an accredited Massachusetts Police Academy or equivalent agency shall not be eligible for System membership unless and until the employee graduates said Academy.

August 23, 2005:
All permanent employees who are employed on a regular work week for not less than thirty (30) hours within such work week shall be come members of the Wakefield Retirement System;

Traffic supervisors shall be eligible for membership in the Wakefield Contributory Retirement System.

Creditable Service:

July 10, 2023
The Board will only accept liability for service for non-contributing employment rendered under the jurisdiction of another retirement system pursuant to M.G.L. c. 32, § 3(5).  Any service that so qualifies for purchase shall be prorated based on 150 hours being the equivalent of 1 month of service.  It shall be the responsibility of the member to obtain, and provide to the Board, verification of this past service rendered, including but not limited to payroll records indicating the amount of compensation received and number of hours worked and the classification of said employment.

When a member has requested the purchase of non-contributing employment under M.G.L. c. 32, § 3(5) or M.G.L. c. 32, § 4(2)(c) or any other applicable purchase and the member is purchasing employment worked in a full-time capacity, the 150 hour per month shall not apply and creditable service shall be credited with the number of months actually worked

April 25, 2023
Creditable Service for current members employed as Traffic Supervisors shall be allowed on the basis of one year of credit for three years of employment.

Creditable service for Call Firefighters shall be allowed on the basis of one year of credit for five years of employment, except otherwise provided by M.G.L. c. 32, s. 4(2)(b).

School year employees (teacher aides, cafeteria workers, clerical) whose full-time employment only requires them to work 10 months will receive one month of creditable service for each full month the employee is receiving regular compensation, with 10 months being the equivalent of one year of creditable service, if said members returns to that or another eligible position the following school year.  If the employee does not return to employment for the following school year, the employee will not be credited with more than 10 months of service for the school year during which the employee last worked.

A member employed on a full-time basis who becomes part-time shall receive creditable service for their part-time service based on the full-time equivalency of that position.

Under no circumstances shall any member be able to receive more than a year’s creditable service in any one calendar year.

Creditable service may be allowed for a 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 this period of continuous leave of absence of any member without regular compensation which is in excess of one month shall not be creditable service.

Makeups

Any individual who is an active member of the Wakefield Retirement System may purchase past service rendered as a part-time, provisional, temporary, temporary provisional, seasonal or intermittent employee of the Town of Wakefield and/or the Wakefield Housing Authority, provided that the member remits to the Wakefield Retirement Board the appropriate amount of contributions that would have been withheld, together with buyback interest, had the member been a member of the System at the time the service was rendered.  It shall be the responsibility of the member to obtain, and provide to the Board, verification of this past service rendered, including but not limited to payroll records indicating the amount of compensation received and number of hours worked.  In the event that any or all of such original documentation is unavailable, the Board may exercise its discretion pursuant to M.G.L. c. 32, § 20(5)(c)(1), on a case by case basis, to accept alternative documentation to verify said service and compensation subject to the Public Employee Retirement Administration Commission’s approval.

For members who purchase such service rendered as a part-time, provisional, temporary, temporary provisional, seasonal or intermittent employee paid via W-2 form, creditable service shall be calculated based on 150 hours of compensated employment being the equivalent of one (1) month of creditable service for any calendar year.  Members shall be credited with only full months and full years of past service rendered and purchased.  Members shall not receive more than one (1) year credit in any calendar year.

The Board will not accept any liability for service for non-contributing employment requested by members of other retirement systems.  If the former employee was wrongfully excluded from membership in the Wakefield Retirement System then the Board will accept appropriate prorated liability.

Veterans Buyback

The Board, consistent with the provisions of G.L. c. 32, § 4(1)(h), as amended, requires that any member who is a veteran as defined in G.L. c. 32, § 1 must apply to purchase their past service rendered in the armed forces of the United States within one hundred and eighty (180) days of being notified of eligibility to purchase such service.  The member must then remit the full or partial payment consisting of a minimum of $50 within 180-days of eligibility, or on or before the date immediately preceding the member’s date of retirement, whichever date first occurs.  Full payment must be completed within five (5) years of initial eligibility.

December 12, 2018
Creditable Service for current members employed as Traffic Supervisors shall be allowed on the basis of one year of credit for three years of employment; (Emphasis added.)

Creditable service for Call Firefighters shall be allowed on the basis of one year of credit for five years of employment, except as other wise provided by M.G.L.c.32,s.4(2)(b);

August 23, 2005:
Traffic supervisors shall be allowed on the basis of one year of credit for three years of employment;

Call Firefighters shall be allowed on the basis of one year of credit for five years of employment, except as otherwise provided by M.G.L. c. 32, § 4(2)(b);

All part-time, provisional, part-time temporary, temporary provisional, seasonal or intermittent employees shall not be eligible for membership in the Wakefield Retirement System [except where provided by law]. Employees are considered temporary if they are expected to be employed for less than six (6) months.

Regular Compensation:

Miscellaneous:

August 16, 2023

Electronic Signatures

Pursuant to PERAC regulation 840 CMR 28.00, the Wakefield Retirement Board will permit the use of electronic signatures for the following forms:

Expenditure warrants.

Board meeting minutes.

All PERAC approved forms, current and future, that are used for Retirement Office business.

All Board forms including but not limited to W4P, Direct Deposit, Change of Address, Social Security Statement (SSA-1945), Receipt of Retirement Guide, Makeup/Buyback Agreement, Veterans Buyback Agreement, and Retiree Affidavit.

Electronic signatures will be solicited and accepted via one of the following software programs: DocuSign, Adobe, Govenda, and On Board.

The Board will institute and maintain appropriate security procedures for the execution of the foregoing forms.

Nothing contained herein compels the use of electronic signatures if a member, beneficiary, or the Board wishes to use a “wet signature” in lieu of an electronic signature for the execution of the forms set forth herein.  The Board reserves the right to require a “wet signature”.

April 25, 2023:
 

Disability Applications

All disability applicants shall be responsible for the payment of all charges for obtaining the medical records.

November 22, 2016:
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 Wakefield 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 of three percent (3%).

In all cases of correction of an overpayment of a pension or benefit to a member or beneficiary of the Wakefield 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 of three percent (3%).

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).

May 13, 1998:
Forms: Approval of PERAC Form 9-28-296 as submitted in the following form: Addition of (1) beneficiary’s date of birth and (2) beneficiary’s relationship to member.

The Board shall have and exercise full jurisdiction to determine any of the Board’s supplemental regulations subject to PERAC approval.

Contact   for Wakefield Retirement Board Supplemental Regulations

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