Membership:
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August 21, 2017
Any individual who is permanently employed twenty (20) or more hours per week by any member unit of the West Springfield Retirement System ("System") or the West Springfield Retirement Board and whose annual rate of regular compensation is fixed at least at $5,000.00 in wages as defined in M.G.L. c. 32 §1 and 840 CMR 15.03 shall become a member of the System. Upon becoming a member of the System, a member will continue to be a member in service until employment is terminated or the member's death.
Any elected official whose annual rate of regular compensation is fixed at least at $5,000.00 may elect to become a member of the System within 90 days of assuming office.
February 7, 2011:
1. Purpose:
Retirement Board the purpose of these Supplemental Rules & Regulations is to more clearly define Supplemental Rules & membership eligibility requirements and creditable service.
2. Definitions:
Unless a different meaning is defined by statute, an advisory opinion, or 840: CMR Regulations of the Public Employee Retirement Administration Commission or by a ruling of a court of competent jurisdiction, the following definitions will apply:
2.1 “Employee”
An employee is any person hired, employed or appointed to a position within the Town of West Springfield who is regularly employed with a regular work schedule with a commensurate salary or wages.
2.2 “Full-time Employee”
A full-time employee is an employee who regularly works at least 37 ½ hours a week.
2.3 “Part-time Employee”
A part-time employee is an employee who regularly works at least 20 hours a week but less than full-time.
2.4 “Provisional Status”
A provisional status will not affect whether or not a person hired, employed or appointed is considered an employee, if he or she meets the requirements of these rules and regulations.
3. Membership Requirements:
3.1 All full-time employees shall become members of the retirement system on the first day of employment, as required by M.G.L. Chapter 32.
3.2 A part-time employee shall become a member of the retirement system on the first day of employment.
3.3 A part-time employee, who works less than 20 hours a week, shall be ineligible to become a member of the retirement system.
3.4 The retirement board shall review and determine whether or not membership is required for all other persons who are hired, appointed or employed and do not meet any of the requirements of section 3.1 -3.3.
3.5 Self-employed persons or “contract employees” who are hired to perform specific services for a fee shall not be considered employees, within the definition, and shall be ineligible for membership in the retirement system.
3.6 The retirement board shall determine whether or not a person working for the Town of West Springfield is an employee, as defined, and is required.
December 28, 1984:
All part-time employees who work at least 20 hours per week (1040) within the calendar year must join the system.
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Creditable Service:
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August 21, 2017
Members of the West Springfield 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 System, with said service not to exceed (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 System, with said service not to exceed (1) year of creditable service in any calendar year.
- In the case of a School Department employee whose rendered service in the System in a part-time time capacity throughout his/her entire career and whose employment requires them to work from on or about September 1st to on or about June 30th, included but not limited to cafeteria workers, clerical and secretarial staff, teacher's assistant and teaching professionals, such as therapists, 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 System, with 10 months being the equivalent of one (1) year of creditable service.
- For a non-School Department employee who has rendered membership service in the 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 162.50 hours being one (1) month of service, not to exceed (1) year of creditable service in any calendar year.
- In the case of a School Department employee whose rendered service in the System in both a full-time and part-time capacity and whose employment requires them to work from on or about September 1st to on or about June 30th, included but not limited to cafeteria workers, clerical and secretarial staff, teacher's assistant and teaching professionals, such as therapists, said employee shall receive full credit for all full-time service and prorated credit for part-time service based on the full time equivalency of 111 hours being one (1) month of service with 10 months being the equivalent of one (1) year of creditable service.
- Any School Department employee hired on or after November 1st whose employment is limited to the duration of the school year in progress will not be considered a permanent employee.
- The Board recognizes that certain School Department employees, including but not limited to administrative and clerical staff, are required to work the entire calendar year, and in such situation said employee's creditable service will be calculated based on a twelve (12) month year, similar to non-School Department employees.
- Creditable service for 10 month employees shall be based on 1110 hours being the equivalent of 1 year, whereas creditable service for 12 month employees shall be based on 1950 hours per year.
December 4, 2015:
Revised Change to Supplemental Regulation Regarding Non-Membership Creditable Service:
Members of the System may only purchase and receive credit for past non-membership service rendered in a member unit of the System consistent with the provisions of M.G.L. c. 32, § 4(2)(c), or if the past service was rendered under the jurisdiction of another retirement system, such service may only be purchased pursuant to Section 3(5) if rendered in a temporary, provisional or substitute capacity, provided that the individual was excluded from membership in the other retirement system.
All prior non-membership service shall be calculated with 86.67 hours being the equivalent of one (1) month of creditable service. Past non-membership service may be purchased consistent with this supplemental regulation.
In addition, for all service rendered on or after July 1, 2009, no creditable service will be granted unless the individual was employed in a position for which the rate of annual compensation was fixed at least at $5,000. Notwithstanding the foregoing, pursuant to Section 25 of Chapter 21 of the Acts of 2009, creditable service shall be granted for the service of any member of the System serving in a paid position earning less than $5,000 after July 1, 2009, if such service is subject to a specified term as a result of an election, appointment or contract and the election, appointment or contract occurred or was executed prior to July 1, 2009, and if the service is otherwise eligible for creditable service pursuant to Sections 4(2)(c) and 3(5); and provided further, that such creditable service shall be granted until the expiration of the term, appointment or contract or July 1, 2012, whichever first occurred. (Emphases in original to highlight the revised sections).
October 10, 2012:
Non-Membership Creditable Service:
The member must provide the Retirement Board with proof of employment along with a written statement indicating the periods during which he/she was employed on a part-time basis, and the number of hours worked each month.
The member must provide copies of employment records including any W-2 Forms or payroll records indicating the regular wages earned during the period of time the member is seeking to purchase.
If, through no fault of the employee, no payroll or other records of the Town can be found, the member must provide a written statement from the employer or previous employer that includes the following:
a. the period during which the member was employed (month/day/year to month/day/year);
b. the title, position held and type of work performed by the employee;
c. the rate of pay in effect during the period of employment including any increases in pay;
d. the actual salary (if known) during the period of employment;
e. a reasonable estimate of the period of service as an employee and estimated regular wages earned during the period of time for which the member seeks creditable service; or
f. the number of hours worked each week
The statement from an employer must be on the employer’s letterhead and must be signed by the employer or department head.
A statement from a previous employer must be signed by the person attesting to the information and must be notarized.
After the Retirement Board receives the statement, the information will be reviewed to determine whether or not the member is eligible to purchase the service credit.
February 7, 2011:
4. Creditable Service:
4.1 All members of the retirement system, who are full-time employees, shall receive full creditable service for such time on which regular deductions have been withheld from regular compensation Creditable will not services exceed (sic) twelve months in any calendar (sic) year.
4.2 A part-time employee shall also receive full creditable service for such time on which deductions have been withheld from regular compensation, provided that compensation and hours of work are proportional to that of a full-time employee.
4.3 Part-time employees, including school cafeteria workers and teacher’s aides or any other part-time employee, whose work schedule does not include summer months, shall receive full creditable service for those months on which no deductions are made if the person returns to work the beginning of the next school year and continues on as an employee.
4.4 A part-time employee, who later becomes employed full-time, shall retain full-time creditable service earned as a part-time employee.
4.5 Auxiliary Police Officers shall be entitled to creditable service as provided in a supplemental regulation previously adopted by the retirement board and approved December 7, 1995 by the Commissioner of Public Employee Retirement Administration.
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Miscellaneous:
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February 7, 2011:
6. Reporting & Notification Requirements:
6.1 All persons responsible for hiring, employing or appointing a person to a position within the town must notify the retirement board, at minimum, five days before the person is put on the payroll.
6.2 A department head must, within 7 days, notify the retirement board when a part-time employee subsequently becomes employed on a full-time basis.
6.3 A department head must also notify the retirement board of any change in the employee’s employment status, pay grade or address change.
6.4 The retirement board may require the town or a department head to furnish other information regarding an employee in order for the member to be properly classified.
June 1, 2004:
Pursuant to G L c 32, § 4(1)(c), the board shall grant one month of creditable service to a member if he/she has been on an approved, unpaid leave of absence for medical or family reasons. The board shall deny one month of creditable service to a member if he/she has been on an approved, unpaid leave of absence for disciplinary reasons.
Confidentiality Policy
Governing Access And Use Of Telecommunications Equipment And Records Of The Town Of West Springfield Contributory Retirement Board
I Purpose
The regulation implements the provisions of M.G.L. c.93H relative to the standards to be met by persons who own, license, and store or maintain personal information about a resident of the Commonwealth of Massachusetts. This regulation establishes minimum standards to be met in connection with the safeguarding of personal information contained in both paper and electronic records. Further purposes are to (i) ensure the security and confidentiality of such information in a manner consistent with industry standards, (ii) protect against anticipated threats or hazards to the security or integrity of such information, and (iii) protect against unauthorized access to or use of such information in a manner that creates a substantial risk of identity theft or fraud against such residents.
II Scope
The provisions of this regulation apply to all persons that own, license, store or maintain personal information about a resident of the Commonwealth.
III Policy
The Board keeps electronic and paper retirement files on all its members, which at all times remain the sole and exclusive property of the Board. The Board makes available to its employees(s) and other Authorized Users, for the purpose of carrying out the Board’s duties and obligations, computer equipment, which may be of a stand-alone nature or may be networked, and telecommunications services such as email, Internet searching and browsing, fax machines, and telephones, which remains under the control of its Administrator. The Administrator stores paper files in secured (locked) file cabinets. Use of these capabilities by Board employee(s) or other Authorized Users is subject to oversight and supervision, and must conform to all applicable laws and regulations, as well as all policies and procedures governing behavior.
The Board has hired Pension Technology Group, 92 State Street-6th Floor, Boston, MA 02109 to provide computer software, support and backups, disaster recovery and security protocols PTG is in compliance with 201 CMR 17.00.
Internet service is provided through the Town of West Springfield’s network with appropriate “fire walls”. Board confidentiality is periodically re-enforced by upgrades and stringent standard compliance accomplished by the Town’s computer Director of Information Services.
August 23, 2010:
Withdrawal of Voluntary Retirement Application:
An eligible employee is allowed to withdraw their voluntary retirement application prior to approval of the Retirement Board at their monthly meeting.
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