807 CMR 3.03 - Credit for Massachusetts Non-membership Public Service
(1) Except as provided in
807
CMR 10.00: Maternity Service
Purchases, the Board will allow proportional credit for any period of
non-membership service rendered in a Massachusetts governmental unit, the
purchase of which is authorized under M.G.L. c. 32, § 3(5), 4(1)(o) and
4(2)(c). Any such purchase will be allowed only after submission of
documentation satisfactory to the Board. Such non-membership service includes,
but is not limited to, service as a teacher on a per diem
substitute basis or on any other basis that is less than half time.
(2) Proportional Credit means that for any
year during which the member was ineligible for membership in a contributory
retirement system and service was rendered as an employee on a part time,
provisional, temporary, temporary provisional, seasonal or intermittent basis
for a Massachusetts governmental unit, after purchase the member will receive
as creditable service that percentage of full time credit equal to a fraction,
the numerator of which is the number of days or hours actually worked during
that year, and the denominator of which is the number of days or hours that
would have been worked by a full time employee during that year as determined
by the Board.
(3) The member may
purchase less than all non-membership service available for purchase; provided,
however, that in such event the member must purchase the most recent time
first.
(4)
(a) The provisions of M.G.L. c. 32, §
4(1)(o) will not apply to service rendered by a salaried employee, hired for a
permanent or indefinite term, whose annual rate of pay would exceed $5,000 if
that employee retained his or her position for a full year.
(b) For purposes of applying the limitations
of M.G.L. c. 32, § 4(1)(o) to all other employees, the Board will
interpret the statutory language as follows:
1. With respect to service rendered in a
public school or in higher education, the term "annually" shall refer to the
relevant academic year or the relevant calendar year, whichever yields the
greater service that the member can purchase; however, the same service cannot
be used more than once for this purpose;
2. With respect to all other service, the
term "annually" shall refer to the relevant calendar year;
3. All employment within the same school
department shall be presumed to be employment in the same "position". No such
presumption will apply to other employment, where distinctions between
"positions" will be determined by individual facts and circumstances.
Notes
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