Memorandum  #30: Compliance with the 2019 91A Process

Date:	10/02/2020
Referenced Sources:	PERAC Website

PERAC Memo #30, 2020

To All Retirement Boards:

M E M O R A N D U M

TO:                  All Retirement Boards

FROM:           John W. Parsons, Esq., Executive Director

RE:                  Compliance with the 2019 91A Process

DATE:            October 1, 2020

As you know, G.L. c. 32, § 91A provides that if such pensioned or retired person fails to submit such statement or such forms, and unless such person shall show good cause for such failure to submit such statements to the Commission, the member’s rights in and to the retirement allowance provided for in §§ 6 and 7 shall terminate until the member has complied with the reporting requirements under this section.

According to the § 91A process, your board soon will receive tasks through PROSPER for any of your disability retirees who have not met the 2019 § 91A filing requirements, pursuant to G.L. c. 32, § 91A.

For any of your members who have not met the 2019 § 91A filing requirements, your task column will look like this:

 

When you receive a task for any member, and prior to the termination of benefits pursuant to G.L. c. 32, § 91A, your board must provide such member with written notice and an opportunity to be heard by the retirement board.  In the event of termination of benefits following such hearing, the member shall have the right to appeal such actionto the Contributory Retirement Appeal Board (“CRAB”).

PROSPER will prompt you to take Termination Action, and will keep sending you task alerts every 30 days if no response is indicated.  Once a member complies or if their status changes you will be able to view such update.

 

Whichever action you choose, please note that you may be prompted to include a date.  In addition, you will have the ability to attach the letter that you send to your member.  Please do not mail a copy of such letter to PERAC, rather, attach it here. 

 

 

Please do not hesitate to contact Sandra King at [e-mail] , with any questions or concerns.

Commission Members

Philip Y Brown, Esq., Chairman
Auditor Suzanne M. Bump
Kathleen M. Fallon
Kate Fitzpatrick
James M. Machado
Robert B. McCarthy
Jennifer F. Sullivan