PERAC Memo #4 - 2012: Annual Eligibility Certification

Annual Eligibility Certification

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Summary

This memo notifies boards of the new Chapter 176 eligibility restriction (effective April 2, 2012) barring individuals who receive remuneration from a retirement board or its vendors—other than a retirement allowance or statutory board stipend—from serving as board members. The restriction applies only to individuals first becoming board members on or after that date, not current members. Boards must inform all candidates seeking a board position that they are required to file the attached eligibility certification Form with both the retirement board and PERAC as part of the election process.

Full Text

MEMORANDUM #04, 2012 Gregory R. Mennis M E M O R A N D U M TO: All Retirement Boards FROM: Joseph E. Connarton, Executive Director RE: Annual Eligibility Certification DATE: January 10, 2012 As you know, Sections 33 and 53 of Chapter 176 amend Chapter 32 to provide that, “No employee, contractor, vendor or person receiving remuneration, financial benefit or consideration of any kind, other than a retirement allowance or the statutory stipend for serving in the retirement board, from a retirement board or from a person doing business with a retirement board shall be eligible to serve on a retirement board; provided, however, that an employee of a retirement board may serve on a retirement board other than the retirement board by which the person is employed; and provided, further, that this paragraph shall apply only to individuals who first become members of a retirement board on or after April 2, 2012.” As noted this provision does not apply to individuals who are serving on a retirement board prior to April 2, 2012. Consequently, it will not apply to existing members. However, it does apply to individuals who take office as retirement board members on or after that date and in light of the scheduling of elections and time frames for completing those elections, we are sending this Memo and the related Form at this time. Please inform anyone seeking a position on your retirement board that he/she is required to file the Form with the retirement board and the Commission as part of the election process. If you have questions or need assistance, please contact this office. Thank you for your continued cooperation.

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