PERAC Memo #35 - 2009: Uncompensated Time as an Elected Official or Library Trustee
Uncompensated Time as an Elected Official or Library Trustee
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Memorandum #35 (2009) clarifies the impact of Chapter 21 of the Acts of 2009, which repealed G.L. c. 32, §§4(1)(o) and 4(1)(o½), eliminating the ability to purchase uncompensated service as an elected official or library trustee. PERAC advises that members who fully completed such purchases before July 1, 2009 may retain that credited service, but boards may no longer accept new purchase requests for this type of service, even for periods occurring before the repeal. No further board action is required beyond ceasing acceptance of such purchase applications going forward.
Full Text
MEMORANDUM #35, 2009 M E M O R A N D U M TO: All Retirement Boards FROM: Joseph E. Connarton, Executive Director RE: Uncompensated Time as an Elected Official or Library Trustee DATE: September 16, 2009 As you are aware, Chapter 21 of the Acts of 2009 repealed G.L. c. 32, §§ 4(1)(o) and 4(1)(o ½). Section 4(1)(o) had permitted the purchase of uncompensated service as an elected official in some circumstances. Section 4(1)(o ½) had permitted the purchase of uncompensated library trustee service in some circumstances. The Legislature also added a new Section 4(1)(o), which is not the subject matter of this memorandum. Questions have arisen regarding how to implement the repeal of these two provisions of Chapter 32. First, we have been asked about whether those persons who have previously purchased the service may retain such service. The answer to this question is yes, so long as they met all the criteria contained in those sections of the law and completed payment of the service prior to July 1, 2009. Second, we have been asked if people who were otherwise eligible to buy this service could still purchase such service occurring up through June 30, 2009. The answer to this question is no. Simply put, there is no longer any mechanism in the statute which would permit such service to be purchased after the date of the repeal of these two sections. Such a service purchase may no longer be accepted by the board. We trust this will help clear up any confusion which may have existed regarding this issue. Thank you for your attention to this matter.