Salem Retirement Board Supplemental Regulations

Regulations accepted by the board and approved by PERAC

Membership:

Approved:

December 8, 2011:

1. Employees of all member units of the Salem Retirement System who are regularly employed in a permanent position for a minimum of 20 hours per week and who earn a minimum of $5,000 per year must become members of the System.
2. Employees of all units of the Salem Retirement System who are provisional, seasonal, or temporary, and who are regularly employed in a position for a minimum of 20 hours per week for a period of six consecutive months, and who earn a minimum of $5,000 per year, must become members of the system at the conclusion of the six-month period. Such member shall be allowed to purchase prior non-membership service.
3. Employees of all member units of the Salem Retirement System who are employed less than 20 hours per week, are ineligible for membership.
4. Employees and appointed officials of all member units of the Salem Retirement System who earn less than $5,000 per year are ineligible for membership.
5. Employees who do not qualify for membership in the Salem Retirement system and later become members in another Chapter 32 retirement system and then seek to "buyback" their prior part-time service, Salem Retirement will not accept liability for this service.

Creditable Service:

Approved:

December 8, 2011:

1. Members of the Salem Retirement System who earn less than $5,000 per year and who established membership prior to July 1, 2009 shall continue to be members of the system. The regular compensation of such member shall be subject to retirement withholdings, but such member shall not accrue creditable service after July 1, 2009, except that such member who on said date was serving in an elected or appointed term of office or employment shall continue to be credited with service until the expiration of his term of office or employment, or until July 1, 2012, whichever first occurs.
2. Members of the Salem Retirement System shall be credited with one year of service for each year of employment of not less than 20 hours per week, or yearly proportion thereof. If the members' hours of employment fall below 20 hours per week, the member shall be credited with one-half year of creditable service, or yearly proportion thereof.
3. It is up to the applicant to provide all essential information to the Retirement Board for all creditable service.

January 19, 2011

BuyBack Policy:

The policy of the Salem Contributory Retirement Board in regards to buybacks, makeup and veteran’s credit is as follows:

For Military Credit:

This payment is made, when necessary, as a lump sum payment before retirement by either a cash payment or from a deferred comp plan.

BuyBack of Previous Refunds:

Lump sum payment at any time with interest.

Makeup for Previous Services for Which No Deductions were ever Taken:   

Lump sum payment at any time with interest.

All members are encouraged to make deductions to a deferred compensation plan so that their payments will be pretax.

The Retirement Board does not accept payment plans.

Regular Compensation:

Miscellaneous:

January 22, 2024

Electronic Signatures

 

1.01 Purpose:

The purpose of this supplemental regulation is to address the use of any electronic signature created, generated, sent, communicated, received, or stored by the Salem Contributory Retirement System.

1.02 Statutory and Regulatory Authority:

M.G.L. c. 32, § 21(4)

M.G.L. c. 110G 840 CMR 14.02

840 CMR 28.00, et seq.

​​​​​​​​​​​​​​1.03 Definitions:

The following words shall have the following meanings:

“Biometrics” means unique physical characteristics, such as fingerprints, that can be used for automated recognition.

“The Board” means the Salem Contributory Retirement Board.

“Electronic signature” means:

an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record;

a digital signature that encrypts documents with digital codes that are particularly difficult to duplicate;

a signature which is received by the Board via fax, so long as the signature and the document are legible; and a signature which is received by the Board as part of a scanned document, so long as the signature and the document are legible.

“Faxed document” means an image of a document made by electronic scanning and transmitted as data by telecommunication links.

“Prescribed form” means any form promulgated by PERAC, or any form required by the Board and subject to the approval of PERAC.

“Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

“Security procedure”, a procedure employed for the purpose of verifying that an electronic signature, digital signature, record, or performance is that of a specific person or for detecting changes or errors in the information in an electronic or digital record. The term includes a procedure that requires the use of algorithms or other codes, identifying words or numbers, encryption, or callback or other acknowledgment procedures.

“Scanned document” means a physical document which has been converted into a digital image using a scanner.

“Wet signature” means a signature created when a person marks a physical document as evidence of that person's personal witness and certification of the content of all, or a specified part, of the document.

​​​​​​​1.04 Use of Electronic Signatures

In addition to the use of wet signatures, the Board will make use of electronic signatures for any signature on any document for which the Board requires a signature.

The Board shall only make use of an electronic signature if it is unique to one individual and shall not be reused by or reassigned to anyone else.

Before certifying an individual’s electronic signature, the Board shall verify the identity of the individual.  Any person using an electronic signature shall, upon the Board’s request, provide additional certification that a specific electronic signature is the legally binding equivalent of the signer’s wet signature.

​​​​​​​​​​​​​​1.05 Security Procedures

With regard to any utilization of electronic signatures, the Board will institute and maintain appropriate security procedures.

Electronic signatures that are not based upon biometrics shall:

 

1. ​​​​​​​employ at least two distinct identification components, such as an identification code and a password;.
2. be used only by their genuine owners; and
3. be administered and executed to ensure that attempted use of an individual’s electronic signature by anyone other than its genuine owner is not possible.

Electronic signatures that are based upon biometrics shall be designed to ensure that they cannot be used by anyone other than their genuine owners.

​​​​​​​​​​​​​​1.06 Legal Effect and Enforceability

An electronic signature may not be denied legal effect or enforceability solely because it is in electronic form if it is generated in accordance with these supplemental regulations.

​​​​​​​​​​​​​​1.07 Attribution of Electronic Signatures

An electronic signature is attributable to a person if it was the act of the person. The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure applied to determine the person to which the electronic signature was attributable.

The effect of an electronic record or electronic signature attributed to a person is determined from the context and surrounding circumstances at the time of its creation, execution, or adoption, including the parties' agreement, if any, and otherwise as provided by law.

1.08  Notarization, Acknowledgement, Verification, or Oath Requirements​​​​​​​

If a law requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record.

November 20, 2018

POLICY ON PROCEDURES FOR THE ELECTION OF MEMBERS TO THE RETIREMENT BOARD

WHEREAS, pursuant to M.G.L. c. 32, § 20(4) two of the five members of the Salem Retirement Board (the Board) are periodically elected to three-year terms by the members and retirees of the Salem Retirement System (the System); and,

WHEREAS, the Board is required to administer such elections, in accordance with M.G.L. c. 32, § 20(4) and the regulations promulgated by the Public Employee Retirement Administration Commission (PERAC), 840 CMR 7.00; and

WHEREAS, there are several election policies and procedures that the General Laws and the PERAC regulations do not address; and

WHEREAS, the Board is desirous of establishing and publishing a comprehensive set of policies and procedures to be followed in all such elections;

THE FOLLOWING POLICY IS HEREBY ADOPTED:

1. Definitions.
   “Members of the System” include the following categories:
   
   “Member in service” means any member of the System who is regularly employed in the performance of his or her duties, or who is on an authorized leave of absence with pay, or who is on an authorized leave without pay if such leave is due to mental or physical incapacity for duty or if such authorized leave of absence without pay is for not more than one year or is to permit such member to perform duties as a member of a retirement board
   
   “Member inactive” means any member whose employment has been terminated and who may be entitled to any present or potential retirement allowance or to a return of his or her accumulated total deductions.
   
   “Retiree” means any member in service who has been retired and who is receiving a retirement allowance. 
   
   “Date of the election” means the final date, as determined by the Board, by which all ballots must be received to be counted in the election.
2. Eligibility.
   The elected Board members shall be elected by the members of the System.  Members inactive have the right to vote in Board elections, but do not have the right to serve as a Board member.
3. Terms of Office.
   The terms of office of the elected members of the Board are for not more than three years.  An elected Board member serves until the qualification of his or her successor, even if that requires that he or she serve for longer than three years.
   
   In the event of a vacancy, the Board must hold an election within 120 days from the date of the vacancy.  In that situation, the Board will determine before the election whether the newly-elected Board member will serve for a three-year term or for the remainder of the vacant term.  In no event shall the term of any elected member terminate in the same year as the term of the fifth member of the Board appointed by the other members of the Board.
4. The Election Officer.
   Prior to providing notice of an election of a board member, the Board shall appoint an administrator in the employ of the System as the Election Officer, who shall assist the Board in supervising the election and shall determine all matters relating to the election.  Any person aggrieved by a determination of the Election Officer may appeal such a determination to the Board.
5. Notice of Election.
   The Election Officer shall provide notice of an election at least 90 days prior to the date of the election.  The notice shall include the time, place, and manner of the election, and shall also include a description of the nomination and election procedures.  Notice shall be mailed to each active, inactive, and retired member of the System.  The Election Officer shall also post a notice of the election, with all such information, on the Board’s website.
6. Nomination Papers.
   Any active or retired member of the System may qualify as a candidate by filing a nomination paper or papers with the Election Officer, containing the signatures and addresses of at least 20 active or retired members of the System.  The Election Officer shall make blank nomination papers available in the Board’s office to candidates at least 90 days prior to the date of the election.  The Election Officer will not maintain a list of individuals who have requested or obtained nomination papers, but any such request received in writing will be made available to anyone upon request.  
   
   The nomination paper or papers, containing the necessary number of qualified signatures and addresses, must be filed with the Board no later than 45 days prior to the date of the election.  Such a paper or papers are considered filed if submitted to the Board office by hand delivery or if received by the Board office by mail by the close of business on the 45^thday prior to the date of the election.
   
   If the Election Officer determines that a candidate has filed nomination papers with less than 20 qualified signatures, the Election Officer shall declare the nomination papers invalid and shall notify the candidate of that determination. 
   
   Upon request, the Election Officer shall disclose the identity of any person who has submitted nomination papers and, after all persons who have submitted valid nomination papers have been qualified as candidates, the Election Officer shall post the names of all candidates on the Board’s website.
7. Unopposed Candidates.
   If the Election Officer determines that only one candidate has been nominated, the Election Officer shall notify the Board of that determination, and the Board shall declare that candidate to be the elected member of the Board, no election shall be held, and the candidate shall take office and serve in all respects as though he or she had been elected by a vote of the members of the System.
8. Qualified Candidates and Ballots.
   If the Election Officer determines that more than one candidate has been nominated, the Election Officer shall immediately prepare an official election ballot. Qualified candidates shall be listed on the official ballot in an order determined by a random drawing of the names of the candidates by the Election Officer.  If the incumbent elected member is nominated, he or she has the right to be identified as such on the official ballot.  The official ballot shall state the length of the term for which the candidates are running.  
9. Lists of Eligible Voters.
   The Election Officer shall maintain a list of all members of the System who are eligible to vote, and shall provide a copy of that list to any candidate who requests a copy.  
   
   The home addresses, email addresses, and home telephone numbers of voters are confidential information and will not be made available to candidates, except that, in accordance with the Public Records Law, M.G.L. c. 4, § 7(26)(o), the names, home addresses, personal email addresses, and home telephone numbers of such members may be made available, upon request, to an employee organization under G.L. c. 150E or to a nonprofit organization for retired public employees under G.L. c. 180.
   
   Upon request, and receipt of envelopes with pre-paid postage containing campaign materials, the Election Officer will affix labels of all eligible voters to the envelopes and will forward all the envelopes to the United States Postal Service for mailing.  
   
   During the course of the campaign, the Election Officer will maintain a list of all voters from whom the Board has received ballots, and will make that list available upon request.
10. Valid Ballots.
    Elections shall be conducted entirely by mail, and all ballots and envelopes for the return of ballots will be mailed to eligible voters not less than 21 days prior to the date of the election.  To be considered valid, a ballot must be received by the close of business on the date of the election.
11. Tabulation of Ballots.
    Ballots shall be tabulated only by persons designated by the Board under the direction of the Election Officer.  The Election Officer shall notify each candidate of the time and location of the tabulation of the ballots and shall permit all candidates, or their representatives, to be  present at the tabulation.  At least two individuals shall be responsible for counting the ballots. 
12. Election Results.
    Upon completion of the tabulation of the results of the election and the finalization of the ballot count, the Election Officer shall notify the Board of the results, and the Board Chair shall notify each candidate, in writing, of the results of the election.  The Election Officer shall also post the results on the Board’s website within seven days after the election.
13. Preservation of Ballots.
    All ballots received by the Board, including those determined to be invalid, shall be preserved by the Board for 60 days after finalization of ballot count by the Election Officer.
14. Notice to PERAC.
    A copy of this Policy shall be filed with the Public Employee Retirement Administration Commission.  
15. Termination of Policy.
    This Policy shall remain in effect until rescinded by the Board, or otherwise by operation of law. 

March 27, 2014

Correction of Errors under G.L. c. 32, 20(5)(c)(2)

In all cases of correction of an error by the Salem Retirement Board of an underpayment or non-payment of a pension or benefit to a member or beneficiary of the Salem 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 by the Salem Retirement Board of an overpayment of a pension or benefit to a member or beneficiary of the Salem 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 set forth in G.L. c. 32, § 20(5)(c)(2).