disability

Section 5A permits any city, town, district, or other governmental unit to accept its provisions and establish a wellness program for public safety and other employees referenced in Section 94. It sets minimum program requirements established by the Department of Public Health, requires the Commonwealth and its agencies to establish such programs automatically, and provides for reimbursement of up to half the cost (capped at $100 per employee) to municipalities that accept the section and fund wellness programs. Acceptance by a city, town, or district triggers the health and fitness standards framework in Section 5(3)(e).

Section 5B requires every employer of Chapter 32 members to establish an early intervention plan designed to reduce disability retirements through coordinated employee assistance, workplace safety, and medical and vocational rehabilitation. When a member has been absent from work for 30 or more days due to a work-related injury and return to work is not imminent, the employer must assemble an early intervention team to assess the member's condition and design a rehabilitation plan. Members who fail to participate in an assessment or rehabilitation program without good cause forfeit their rights to ordinary or accidental disability benefits under Sections 6, 7, or 26.

Section 6 governs ordinary (non-work-related) disability retirement under Chapter 32. It allows a member who is permanently unable to perform the essential duties of their job to retire for ordinary disability after 15 years of creditable service (or 10 years for veterans or in systems accepting the 10-year option). Benefit amounts are calculated as though the member retired for superannuation at age 55 (or 60 for post-April 2, 2012 Group 1 members), with no less than the superannuation benefit if the member has already reached that age. The section also establishes the Regional Medical Panel process, which requires a three-physician panel to certify incapacity, and sets a 180-day deadline for final board determinations.

Section 7 governs accidental (work-related) disability retirement under Chapter 32. It applies when a member is permanently unable to perform job duties due to a personal injury or hazard sustained in the performance of their duties. The benefit equals 72% of the member's regular compensation (subject to a 75% total cap), plus an annuity based on accumulated deductions and an additional allowance for dependent children. The section includes strict timelines for filing notice of injury, requires Regional Medical Panel certification, provides for proration when injury occurred in a different governmental unit, and includes provisions for mutual aid situations where members are injured while assisting another jurisdiction.

Section 8 establishes the ongoing evaluation and reexamination process for members retired on disability under Sections 6 or 7. The Public Employee Retirement Administration Commission (PERAC) must conduct evaluations at defined intervals — annually for the first two years, then every three years — to assess whether a disability retiree may be able to return to work or would benefit from rehabilitation. If a retiree is found able to return to their former or similar position, their disability retirement is revoked and they are restored to active membership. The section also governs modification or suspension of a pension allowance based on the retiree's earnings or earning capacity, with appeal rights to the Contributory Retirement Appeals Board.

Section 9 establishes the accidental death benefit — a pension payable to the survivors of a member who dies as the direct result of a work-related injury or hazard sustained while in the performance of duties. The benefit equals 72% of the member's regular compensation and is paid first to a surviving spouse, then to dependent children, and then to totally dependent parents or siblings if no spouse or children are eligible. Additional allowances for dependent children are also payable, subject to COLA adjustments in systems that have accepted the supplemental dependent allowance. Boards must verify the causal connection between the member's death and the workplace injury, and a strict notice requirement applies.

Section 12A allows a surviving beneficiary who may be entitled to accidental death benefits under Section 9 to receive interim payments under Option (d) of Section 12 or Section 12B while the accidental death benefit application is being processed. This prevents a surviving spouse or dependent from going without income during the potentially lengthy determination period. Once Section 9 benefits are approved and the first payment is made, the interim Option (d) or Section 12B payments cease and the first Section 9 payment is reduced by the aggregate of interim amounts already paid.

At its December 17, 2025 meeting, the Commission voted to continue the existing practice of allowing PERAC staff to approve non-invasive medical test reimbursements up to $100.00 per disability case, per 840 CMR 10:10(3) and 10:15(1)(c). Any tests ordered by a Regional Medical Panel that exceed this amount still require advance Commission approval before being ordered. This annual notice confirms no change to the $100 threshold for 2026.

Pre-employment physicals are a required prerequisite to granting accidental disability retirement under any of the three statutory presumptions (G.L. c. 32, §§ 94, 94A, 94B). While HIPAA prevents boards from requiring employers to submit these records at the time of hire, PERAC strongly encourages boards to provide an optional HIPAA waiver to all new and current members that would allow the board to obtain a copy for future use. This waiver should be developed with board counsel and can be distributed as part of onboarding materials. If no physical can be found, members should be encouraged to supply any physicals taken after entering service.

Following the legislative changes made by Chapter 73 of the Acts of 2025 (described in Memo #33/2025), PERAC has updated four disability forms to reflect the revised definition of "Violent Act Injury": the Member's Application for Disability Retirement, the Physician's Statement, the Employer's Statement, and the Regional Medical Panel Certificates. This memo supersedes Memo #15/2025 on form updates. Boards must use these new forms going forward; the underlying processing guidance from Memos #28/2024 and #33/2025 has not changed.

This memo details boards' responsibilities for administering §91A disability retiree earnings compliance via PROSPER, covering non-filers, salary verification tasks, and excess earnings determinations. Boards must: provide hearing notice/opportunity to non-compliant retirees before any termination action; enter 2025 annual pension, annuity, current salary, and offset figures into PROSPER Salary Verification tasks (via individual entry or CSV upload) and submit for calculation; and, for retirees found to have excess earnings, send required notice, respond to the related PROSPER task documenting action taken, and upload board correspondence (not tax documents). Any data entry errors should be reported to Sandra King for correction.

This memo announces that the FY2027 state budget (signed July 9, 2026) increased the earnings add-on used to calculate permissible post-retirement earnings under G.L. c. 32, §§ 91 and 91A, from $15,000 to $25,000, effective retroactively for all of calendar year 2026. Boards should apply the new $25,000 add-on when calculating allowable post-retirement earnings for both regular retirees (§91) and disability retirees (§91A), while continuing to apply the existing rule that a retiree must be retired a full calendar year before the higher limit applies. No other action is required, but boards should update any earnings-limit calculations/notices already issued for 2026 to reflect the revised figure.

PERAC Memo #22/2026 notifies boards that, following the FY27 budget's 3% COLA (effective July 1, 2026), the supplemental dependent allowance under G.L. c. 32 §§ 7(2)(a)(iii) and 9(2)(d)(ii) increases to $1,193.88 annually per eligible child. Boards that have accepted § 7(2)(a)(iii), § 22D, or § 9(2)(d)(ii) must implement this new annual amount for eligible dependent children beginning July 1, 2026. No further action is required beyond updating payment amounts accordingly; questions should be directed to PERAC actuary John Boorack.

PERAC updates the forms for disability retirement applications to implement Chapter 149 of the Acts of 2024, which created an enhanced accidental disability benefit for firefighters, EMTs, licensed health care professionals, and certain police officers who suffer catastrophic, life-threatening, or life-altering bodily injuries as a direct result of an intentional violent attack with a dangerous weapon. Updated forms include the Member's Application for Disability Retirement, Physician's Statement, Employer's Statement, and a new Regional Medical Panel Certificate specifically for Violent Act Injury applications. Boards must discontinue use of prior versions of these forms immediately.

The FY2026 budget enacted a 3% COLA for State and Teachers' Retirement System retirees effective July 1, 2025, triggering a corresponding increase in the supplemental dependent allowance paid under §§ 7(2)(a)(iii) and 9(2)(d)(ii). Retirement systems that have accepted these supplemental allowances must pay $1,159.08 annually per eligible child beginning July 1, 2025. Boards with questions on the calculation should contact PERAC's actuary, John Boorack.

Chapter 73 of the Acts of 2025, effective November 25, 2025, made two significant changes to the Violent Act Injury disability benefit: it revised the definition of "Violent Act Injury" in G.L. c. 32, § 1 (removing the alternative "life altering" standard and narrowing weapon language), and it extended eligibility to Massachusetts State Police officers via new G.L. c. 32, § 26(2½). The new provisions apply to any member not yet approved for disability as of November 25, 2025. PERAC is updating affected disability forms and will issue a new memo superseding Memo #15/2025 once complete.

Boards must review and update their disability retiree records in PROSPER for 2025, including address changes, deaths, nursing home placements, waived allowances, returns to active status, and Power of Attorney updates. All changes must be returned to PERAC's Sandra King by January 16, 2026, to ensure accuracy before the mailing of 2025 Annual Statements of Earned Income (91A forms). PERAC will mail 91A forms by end of February 2026; electronic filing is strongly encouraged and available to all disability retirees.

This memo announces that PERAC's annual review of medical testing fees under 840 CMR 10:10(3) and 10:15(1)(c) has resulted in no change for 2024. The Commission voted at its December 13, 2023 meeting to continue allowing PERAC staff to approve up to $100.00 per case for non-invasive medical tests ordered by a Regional Medical Panel. Tests exceeding that amount still require advance Commission approval. No action is required from boards beyond being aware of this continuing limit.

PERAC requests that all retirement boards submit actuarial data for active members, retirees, survivors, and disability retirees as of December 31, 2023, by March 31, 2024. Data should be submitted through the PROSPER portal in the standard PERAC record format. After submission, boards will receive data analysis reports in PROSPER to review and correct any errors; PERAC notes that boards scheduled for a full actuarial valuation in 2024 will have received a separate data request.

This memo provides the 2nd Quarter 2024 mandatory training schedule for retirement board members, who are required by Chapter 32 to earn 18 credits over a board term and at least 3 credits each year. Upcoming opportunities include live webinars on the Open Meeting Law and disability basics, the MACRS Spring Conference (June 1–5 in Hyannis, which can yield up to 9 credits), and several pre-approved on-demand courses. Board members must register under their full name and submit Training Affidavits in PROSPER for any training not automatically tracked by PERAC.

PERAC announces amendments to five regulations effective March 29, 2024. Notable changes include: updated travel rules (840 CMR 2.00) including IRS-rate mileage and prohibition on reimbursing personal accommodations; repeal of the now-obsolete $30,000 salary cap regulation (840 CMR 8.00), service-after-age-70 regulation (840 CMR 11.00), and most of the age-65-to-70 service regulation (840 CMR 12.00); and significant updates to the Miscellaneous regulation (840 CMR 15.00), including replacing notarized affidavits with signed attestations subject to 5% random audit, a new credit card usage subsection requiring PERAC-approved supplemental regulations, and a new non-disability hearing procedure. Boards must review their supplemental regulations and submit amendments to PERAC as needed.

PERAC has issued PROSPER tasks to all boards for disability retirees who failed to file their 2023 Annual Statement of Earned Income (91A form) or who reported earnings that may require a benefit adjustment. Boards must provide written notice and a hearing opportunity to non-compliant retirees; benefits may be terminated after the hearing, subject to CRAB appeal. Boards are also asked to respond to upcoming "Salary Verification" tasks in PROSPER by entering 2023 pension and salary figures so PERAC can calculate whether each retiree is within their allowable earnings limit.

This memo provides the 3rd Quarter 2024 mandatory training schedule for retirement board members, who must earn 18 credits over their term and at least 3 per year. Key offerings include July and August webinars on open meeting law, fiduciary duty, and procurement, plus the PERAC Emerging Issues Forum on September 18 in Westborough (3 credits). PERAC is also launching a new New Administrator Training series, with the first session on August 21 in Northampton, designed for staff with fewer than five years of experience. All non-live-PERAC training requires a Training Affidavit submitted through PROSPER.

The FY25 state budget, signed July 29, 2024, included a 3% COLA for State and Mass Teachers' Retirement System retirees, which triggers an increase in the supplemental dependent allowance for accidental disability retirees and accidental death survivors. Effective July 1, 2024, retirement systems that have accepted G.L. c. 32, §§ 7(2)(a)(iii) or 9(2)(d)(ii) must pay $1,125.36 per year per eligible child — an increase from the prior year's amount. Boards that have accepted these provisions should update their payment amounts accordingly.

The FY25 budget (Chapter 140 of the Acts of 2024) expands the return-to-service options for disability retirees under G.L. c. 32, § 8. A disability retiree may now request evaluation for a different, specifically identified position — even with a different employer or in a different retirement system — rather than being limited to the position from which they retired. If found medically able, the member may return to active service, the original disability pension ceases, and upon eventual superannuation retirement both systems will share the pension cost under the existing multi-system rules. The CME and RTS processes remain unchanged; boards should direct all related inquiries to PERAC, which is updating its forms.

Chapter 149 of the Acts of 2024 (effective October 29, 2024) creates a new enhanced accidental disability benefit under G.L. c. 32, § 7 for firefighters, police officers, EMTs, and licensed health care professionals who suffer a catastrophic, life-threatening or life-altering permanent physical injury as the direct result of an intentional violent attack with a dangerous weapon. Qualifying members receive 100% of their regular compensation (reduced to 80% upon reaching mandatory retirement age), rather than the standard 72% pension, with prescribed survivor benefits for spouses and children. Boards must include Findings of Fact with every Violent Act Injury application submitted to PERAC for the required 30-day review.

PERAC asks boards to review and update all disability retiree records in PROSPER — including deaths, nursing home placements, address changes, allowance waivers, and returns to active status — no later than January 17, 2025, so the database is accurate before 91A forms are mailed. New for the 2024 filing year, all disability retirees will be able to file their 91A (Annual Statement of Earned Income) form electronically; PERAC will notify members via postcard in January and boards should include email addresses when updating PROSPER records. Completed 91A forms should be returned to PERAC's new Medford address by April 15, 2025.

This memo announces that PERAC's annual review of medical testing fees under 840 CMR 10:10(3) and 10:15(1)(c) has resulted in no change for 2025. The Commission voted at its December 18, 2024 meeting to continue allowing PERAC staff to approve up to $100.00 per case for non-invasive medical tests ordered by a Regional Medical Panel. Tests exceeding that amount still require advance Commission approval. No action is required from boards beyond being aware of this continuing limit.

This memo notifies all retirement boards and public employers that the pandemic-era waiver of post-retirement earnings limitations for superannuation retirees expired on December 31, 2022, and the standard G.L. c. 32, §§ 91(b) and (c) restrictions are fully back in effect for 2023 and beyond. Post-retirement public employment is capped at 1,200 hours per calendar year, and combined earnings and retirement allowance cannot exceed the current salary for the retiree's former position plus $15,000. Boards are urged to share this memo with all employer units in their systems and to rigorously scrutinize hours and earnings paid to public sector retirees.

This memo instructs retirement boards to complete the 2022 Salary Verification task in PROSPER for disability retirees, entering each retiree's 2022 annual pension, annuity, and current salary (including all incentives and COLA) so that PERAC can determine whether earnings when combined with the retirement allowance exceed the G.L. c. 32, § 91A limit of the retiree's former position salary plus $15,000. If a retiree's allowable earnings have been exceeded, PERAC will issue an Excess Earnings letter and the board must notify the retiree in writing and provide an opportunity for a hearing before commencing any recovery of excess amounts. Boards must report their action through the PROSPER task system.

This memo alerts retirement boards to 91A tasks appearing in PROSPER for disability retirees who have failed to file the 2022 Annual Statement of Earned Income or whose reported earnings may require an allowance adjustment under G.L. c. 32, § 91A. Boards must provide written notice and an opportunity for a hearing to non-compliant members; PROSPER will continue sending task alerts every 30 days until a response is entered, and the board must document its action through PROSPER. The memo also previews upcoming Salary Verification tasks in PROSPER and outlines the process for entering 2022 pension and salary data to determine whether disability retirees have exceeded their allowable earnings.

This memo advises retirement boards that the FY24 budget signed by Governor Healey on August 9, 2023 includes a 3% COLA for State and Mass Teachers' Retirement System retirees effective July 1, 2023, which triggers a corresponding increase in the supplemental dependent allowance. Effective July 1, 2023, any retirement system that has accepted the supplemental dependent allowance under G.L. c. 32, §§ 7(2)(a)(iii) or 9(2)(d)(ii) must pay $1,092.60 annually per eligible dependent child. Boards that have accepted the relevant statutory provisions must update their payment amounts immediately to reflect this increase.

This memo requests that retirement boards review and update their disability retiree records in PROSPER by January 15, 2024 to reflect all changes that occurred in 2023, including deaths, nursing home placements, allowance waivers, returns to active status, and address changes. Boards can now update addresses directly in PROSPER via the Member Update function; status changes and discrepancies should be annotated on the exported member list and emailed to Sandra King, and boards with no changes must still send a confirmation email. Accurate data must be submitted by the deadline to ensure PERAC's disability retiree database is correct before the February mailing of the 2023 Annual Statements of Earned Income (91A forms).

This memo requests that retirement boards verify 2021 salary information for disability retirees through the PROSPER system to determine whether any retiree exceeded their allowable post-retirement earnings limit under G.L. c. 32, § 91A. Boards must enter each disability retiree's 2021 annual pension and current salary figures into PROSPER, which will calculate whether earnings thresholds have been exceeded. Where excess earnings are found, PERAC will issue an Excess Earnings letter and boards must notify the retiree and suspend the allowance until any overpayment is recovered.

Following the SJC's February 4, 2022 decision in Vernava II (Worcester Regional Retirement Board v. PERAC), this memo provides comprehensive, action-required guidance directing all retirement boards to immediately implement the ruling that supplemental payments of any kind made concurrently with Workers' Compensation benefits do not constitute "regular compensation" under any section of Chapter 32. Boards must identify all active members, inactive members, and retirees who received such supplemental payments, remove previously awarded regular compensation and creditable service for periods of concurrent Section 35 Workers' Compensation receipt, recalculate allowances, and return all deductions taken on those supplemental payments. The memo includes detailed step-by-step instructions for active members, retired members, and their beneficiaries, and notes that PERAC is pursuing legislative relief for affected retirees.

Chapter 80 of the Acts of 2022, signed June 7, 2022, waives the post-retirement earnings and hours restrictions of G.L. c. 32, § 91(b) and (c) for superannuation retirees working in the public sector for calendar year 2022, effective retroactively to January 1, 2022. The waiver will remain in place through December 31, 2022 or up to 90 days after the end of the declared Public Health Emergency, whichever comes first, and does not apply to disability retirees. Compliance with post-retirement restrictions remains the statutory responsibility of the employee and the employer.

This memo notifies retirement boards that the FY23 budget signed by Governor Baker on July 28, 2022 included a 5% COLA for eligible State and Mass Teachers' Retirement System retirees, which triggers an increase in the supplemental dependent allowances under G.L. c. 32, §§ 7(2)(a)(iii) and 9(2)(d)(ii). Effective July 1, 2022, retirement systems that have accepted these provisions must pay an annual amount of $1,060.80 per eligible child to qualifying accidental disability retirees and accidental death survivors. Contact PERAC Actuary John Boorack with questions.

This memo notifies boards that the Commission voted at its December 7, 2022 meeting to continue allowing PERAC staff to approve up to $100.00 per case for non-invasive medical testing associated with the Regional Medical Panel process under 840 CMR 10:10(3) and 10:15(1)(c). Medical panels rarely order tests directly since member providers typically supply test results; any test cost exceeding the $100.00 annual limit requires advance Commission approval.

This memo requests that retirement boards review and update their disability retiree records in PROSPER by January 27, 2023, reflecting any address changes, deaths, nursing home placements, allowance waivers, or returns to active status that occurred during 2022. Boards can update most information directly in PROSPER; for Power of Attorney address changes, boards must contact Sandra King. Boards with no changes must email Ms. King confirming no updates, as the data must be accurate before PERAC mails the 2022 Annual Statements of Earned Income (91A) in February.

Sets the 2021 PERAC-approved maximum reimbursement for non-invasive medical testing at $100.00 per case under 840 CMR 10:10(3) and 10:15(1)(c), continuing the prior year's practice. Voted at the November 18, 2020 Commission meeting.

Requests boards submit actuarial data for active members, retirees/survivors, and disability retirees as of December 31, 2020, due March 31, 2021 via PERAC's Interchange File Transfer system in the standard PERAC format.

Extends the 2020 Annual Statement of Earned Income (91A) filing deadline for disability retirees to May 17, 2021, matching the federal and Massachusetts state income tax filing extensions announced March 17–19, 2021.

PFML leave under G.L. c. 175M is not creditable service and PFML payments are not regular compensation for Chapter 32 purposes. The Act applies only to municipalities and political subdivisions that adopt it by majority vote; charter school employees are always covered. Boards should treat PFML leave the same as unpaid FMLA leave when computing creditable service.

Guidance as COVID Emergency Orders expire June 15, 2021, covering: 91A filing status, annual affidavit notarization rules, board elections resuming, medical panel restart, PERAC office reopening June 1, post-retirement earnings limits reinstated June 15, and return to in-person Open Meeting Law quorum requirements (remote participation rules pending legislative action).

The FY22 budget (signed July 16, 2021) included a 3% COLA for State and Teachers' Retirement System retirees, triggering a corresponding increase to the supplemental dependent allowances under G.L. c. 32, §§ 7(2)(a)(iii) and 9(2)(d)(ii). The new annual amount per eligible child is $1,010.28 effective July 1, 2021, for systems that have accepted those provisions or § 22D.

Instructs boards on handling 91A PROSPER tasks for disability retirees who failed to file the 2020 Annual Statement of Earned Income or whose earnings may require a benefit adjustment. Boards must provide written notice and a hearing opportunity; PROSPER will also issue Salary Verification tasks requiring boards to enter 2020 annual pension and current salary figures for excess earnings calculations.

H 4007, enacted over the Governor's veto, increases the annual public-sector work hour cap for Chapter 32 retirees (both superannuation and disability) from 960 to 1,200 hours, effective retroactively to July 1, 2021. Does not change earnings limits. A subsequent technical correction (Chapter 76 of 2021) updated the parallel reference in § 91(c).

Requests boards review and update disability retiree records in PROSPER to reflect all 2021 changes (deaths, nursing home placements, allowance waivers, returns to active status, address changes). Updates must be returned to Sandra King by January 14, 2022, to ensure accuracy before PERAC's February mailing of the 2021 § 91A Annual Statements of Earned Income.

Sets the 2022 PERAC-approved maximum reimbursement for non-invasive medical testing at $100.00 per case under 840 CMR 10:10(3) and 10:15(1)(c), continuing the prior year's practice. Voted at the December 8, 2021 Commission meeting.

Requests that retirement boards submit actuarial data for active members, retirees/survivors, and disability retirees as of December 31, 2019, due by March 31, 2020 via PERAC's Interchange File Transfer system in standard PERAC format. Boards will receive data analysis reports to review and correct errors; those scheduled for a 2020 actuarial valuation will have received a separate request.

Releases updated PERAC forms across four categories — Beneficiary, Disability, Employer, and General Membership — all revised as of February 2020. New additions include a Beneficiary Selection Form (Option D) and a consolidated Regional Medical Panel Certificate replacing the prior three presumptions certificates; boards should update any links to PERAC forms on their own websites.

PERAC's first COVID-19 contingency planning memo, addressing remote board meeting participation under Governor Baker's Executive Order, continued medical panel scheduling with possible delays, flexibility for 91A filings, estimated retirement payments for new retirees, and remote operations protocols. Boards are urged to update their websites and phone messages with current office status information.

Third COVID-19 update consolidating earlier guidance, covering teleconference board meetings, immediate suspension of PERAC medical panel scheduling, extension of 91A filing deadline to July 15, annual statement extension flexibility, pension funding impacts from the economic downturn, and retiree payroll continuity requirements during the March 24–April 7, 2020 shelter-in-place order.

Fourth COVID-19 update addressing post-retirement work hour/earnings exclusions during the State of Emergency per Chapter 53 of the Acts of 2020, retirement calculation processing status, a 30-day extension of the Annual Statement deadline to June 1, 2020, medical panel alternatives via records review or teleconference, treatment of FFCRA paid sick leave as regular compensation, and extension of 91A filing deadline to July 15, 2020.

Explains Chapter 53 of the Acts of 2020 suspending G.L. c. 32, § 91 post-retirement work earnings and hours restrictions during the Governor's State of Emergency (beginning March 10, 2020). Hours and earnings during the emergency period are excluded from the CY 2020 limits regardless of whether the work is COVID-related; disability retirees are explicitly excluded from this accommodation.

Q4 2020 mandatory board member training memo listing all-virtual offerings for October through December, including PERAC webinars on accidental disability remands, buyback calculations, and recent cases of interest. Notes that board members experiencing extenuating circumstances in meeting education requirements should consult Memo #15/2019; all sessions available through PROSPER.

Advises boards that PROSPER tasks will soon be issued for disability retirees who did not comply with the 2019 G.L. c. 32, § 91A filing requirement (annual earnings disclosure). Before terminating benefits, boards must provide written notice and a hearing opportunity; affected members retain the right to appeal any termination to the Contributory Retirement Appeal Board (CRAB).

Initiates the 2019 G.L. c. 32, § 91A allowable earnings process for disability retirees who reported earnings that may trigger a benefit adjustment. Boards will receive PROSPER tasks to verify current salary and pension figures; if excess earnings are confirmed, PERAC issues an excess letter and the retiree's allowance is suspended until the overage is repaid.

Announces that beginning November 16, 2020, PROSPER will support electronic submission of benefit calculations, replacing paper submissions. Training webinars are scheduled for November 10 and 16; board staff with the disability role will automatically receive the new benefit calculation role, and additional staff can be granted access via the Individual Account Request Form.

Sets the supplemental dependent allowance for accidental disability retirees (G.L. c. 32, § 7(2)(a)(iii)) and accidental death survivors (§ 9(2)(d)(ii)) at $980.88 per eligible child annually, retroactive to July 1, 2020. The increase reflects the 3% COLA for State and Mass Teachers' Retirement Systems included in the FY21 budget signed December 11, 2020.

Chapter 227 of the Acts of 2020 (FY21 budget) extends the Chapter 53 waiver of G.L. c. 32, § 91 post-retirement work earnings and hours restrictions through calendar year 2021 for the duration of the Governor's State of Emergency. Disability retirees remain excluded; the waiver applies to any public-sector work during the emergency, not just COVID-related employment. PERAC will issue a memo when the State of Emergency ends.

Requests boards to review and update disability retiree records in PROSPER to reflect all 2020 changes — deaths, nursing home placements, allowance waivers, returns to active status, and address changes. Updates must be returned by January 18, 2021 to ensure accuracy before PERAC's February mailing of the 2020 § 91A Annual Statements of Earned Income.

Q1 2021 mandatory board member training memo (issued December 2020) listing all-virtual offerings for January–March 2021, including PERAC webinars on the legislative update, annual statement and cash books, and an administrator roundtable. Registration process changed — attendees must now register via website links rather than PROSPER; credits are updated by PERAC staff approximately one week after each live event.

PERAC advises that the Commission has voted to continue the practice of allowing PERAC staff to approve up to $100.00 per case for non-invasive medical testing associated with the medical panel process for 2019. Per 840 CMR 10:10(3) and 10:15(4), medical panels may suggest non-invasive tests they deem necessary, with PERAC assuming the cost up to the annually-determined limit. Any test exceeding this amount requires advance Commission approval.

PERAC and the Department of Industrial Accidents (DIA) conduct an annual data match of the PERAC disability retiree database against the DIA database. Retirement boards will now receive their members' results from this match through PROSPER under Members/DIA. The report will be generated annually; boards without matches will not receive a report. Boards should follow up with their employer's Workers' Compensation Agent for any matched members whose workers' compensation status is unknown, to ensure that offsets required by G.L. c. 32, §14 are implemented promptly.

PERAC announces the 2019 supplemental dependent allowance amount for retirement systems that have accepted the provisions of G.L. c. 32, §7(2)(a)(iii) or §22D. Effective July 1, 2019, the annual allowance for each eligible child is $952.32. The same amount applies to additional pensions for dependent children under G.L. c. 32, §9(2)(d)(ii), also effective July 1, 2019.

This memo requests that retirement boards review and update their disability retiree records in PROSPER by January 20, 2020, reflecting any address changes, deaths, nursing home placements, allowance waivers, or returns to active status that occurred during 2019. Updated data files should be returned to PERAC by email to SEKing@per.state.ma.us, fax, or mail, and boards must include the date of death and upload a death certificate or obituary in PROSPER when a member is deceased. The data must be accurate before PERAC mails the 2019 Annual Statements of Earned Income (91A) in February.

This memo notifies boards that the Commission voted on November 8, 2017 to maintain the $100 per case cap for non-invasive medical testing associated with Regional Medical Panel examinations, consistent with prior years. Medical panels rarely order tests directly; most testing occurs during the member's evaluation and treatment phase and is reviewed by the panel.

This memo supersedes Memo #12/2018 and implements the SJC's Vernava decision (478 Mass. 832), which held that sick and vacation leave supplemental to Workers' Compensation is not "regular compensation" for determining the effective date of accidental disability retirement under G.L. c. 32, § 7. PERAC recommends payroll departments create a separate pay code for such supplemental payments and continue withholding deductions; if the member ultimately retires under § 7, those deductions must be refunded without interest. For already-retired members, recalculation is triggered only by a self-identification request from the retiree, and boards are cautioned that recalculation may be detrimental (not beneficial) in some cases.

This memo announces that the § 91A phase of PROSPER is now live, and boards will receive PROSPER tasks for any disability retirees who have not met the 2017 § 91A filing requirements. Before terminating a member's retirement allowance for failure to file, boards must provide written notice and an opportunity to be heard; boards must then record termination or no-action decisions in PROSPER, and the system will continue sending 30-day alerts until a response is entered.

This memo sets the 2018 supplemental dependent allowance at $924.60 per eligible child per year, effective July 1, 2018, for retirement systems that have accepted the provisions of G.L. c. 32, §§ 7(2)(a)(iii), 22D, or 9(2)(d)(ii).

This memo directs boards to complete 2017 § 91A salary verification tasks in PROSPER for all disability retirees whose earnings may require an allowance adjustment. Boards must enter each retiree's 2017 annual pension, annuity, and current salary; if PROSPER calculates excess earnings, PERAC sends the retiree an Excess Earnings letter and boards must notify the retiree and respond to the PROSPER task. Reminder tasks are sent every 30 days until the board responds.

This memo requests that boards review and update their disability retiree records in PROSPER to reflect all 2018 status changes — deaths, nursing home placements, allowance waivers, returns to active status, and address changes — and return updated data to PERAC by January 25, 2019. Accurate records are required before PERAC mails 2018 Annual Statements of Earned Income (§ 91A) in February; death entries must include a date of death and uploaded obituary or death certificate.

This memo announces that the PROSPER web-based communication system is fully operational with over 90% of board members and administrators registered, and provides key operational changes taking effect. Beginning June 19, 2017, the Disability Portal launches and disability applications must be submitted through PROSPER. Paper submissions for vendor procurements, annual eligibility pledge forms, and board member training registrations will no longer be accepted; all must be processed through PROSPER.

Effective September 5, 2017, all approved disabilities and death benefits submitted for PERAC's Legal Unit review under G.L. c. 32, §§ 21(1)(d) and 21(4) must be submitted exclusively via PROSPER through the 'Disability Transmittal' tab; paper and e-doc submissions will no longer be accepted after that date. Boards must ensure that all staff who need access to the Disability Portal are registered as PROSPER users.

This memo announces that the annual supplemental dependent allowance under G.L. c. 32, § 7(2)(a)(iii) and the additional pension for dependent children under § 9(2)(d)(ii) are both set at $897.72 per eligible child, effective July 1, 2017. The adjustment applies to systems that have accepted those provisions or that accepted § 22D, under which the supplemental dependent allowance is deemed to have been accepted.

This memo responds to board inquiries about providing board counsel access to PROSPER, advising that this is currently not possible because PROSPER is coded only for retirement board employees and staff, not outside vendors. Until an alternative solution is developed, boards should have counsel review files before the Executive Director inputs information into PROSPER, and may use a HIPAA-compliant drop box for sharing medical records with counsel.

This memo clarifies the specific documents boards must include when submitting calculations to PERAC for approval, organized by retirement type: Superannuation/Option D, Accidental Disability, Ordinary Disability, Accidental Death (active member), Accidental Death (retiree), and Section 101. Boards are asked not to include extra materials beyond what is listed, as unnecessary paperwork creates filing problems; additional documents will be requested only if needed after PERAC's initial review.

This memo requests that boards review the attached list of their disability retirees and update PERAC's database with all status changes occurring in 2017, including death, nursing home placement, allowance waiver, return to active status, and address changes. Boards must also complete the New Member Data form for all accidental or ordinary disability retirees approved in 2017 and return all information by January 16, 2018, prior to PERAC's mailing of 2017 Annual Statements of Earned Income in February.

PERAC Memo #8/2016 requests that all retirement boards submit actuarial data (active members, retirees/survivors, and disability retirees) as of December 31, 2015, in standard PERAC format, preferably via the Interchange File Transfer website, by March 31, 2016. Boards should review the resulting data analysis reports for errors or warnings and correct any issues to ensure reliable, timely actuarial valuations; boards already scheduled for a 2016 PERAC valuation should follow the separate data request they previously received.

PERAC Memo #10/2016 announces the distribution of updated (as of July 1, 2015) printed retirement guides—covering the Public Employee Retirement Guide, Survivor Benefits Guide, and Disability Retirement Guide—to all 104 retirement boards based on membership size. No action is required of boards beyond distributing/making these guides available to members; additional copies can be obtained free online, purchased at PERAC's office, or ordered by mail through the printer.

This memo summarizes revisions to the retirement board election regulations (840 CMR 7.00), effective March 11, 2016, which update terminology (e.g., defining "member in service," "member inactive," and "retiree"), clarify voting/eligibility rules (inactive members may vote but not serve; board staff cannot be elected to their own board absent grandfathering), and revise notice requirements—including a 90-day notice deadline with an exception process, mandatory copying of PERAC on election notices, and provisions for future use of electronic notification. Boards should review the attached full regulation text and their election procedures for compliance, particularly regarding notice timing/content and eligibility rules, and must contact PERAC in writing if seeking an exception to the 90-day notice requirement or if planning to use electronic notification methods.

PERAC Memo #13/2016 announces amendments to the disability retirement regulations (840 CMR 10.00), effective March 11, 2016, updating them to reflect legislative changes and clarify recurring issues. Key substantive changes include: expediting applications for members not receiving Workers' Comp/Line of Duty benefits; clarifying that the Employer (not the department head) is a party to applications; restricting who may attend medical panel exams and requiring boards (not members) to submit medical records to the panel; requiring clarification requests to medical panels be routed through PERAC with a mandatory 60-day panel response time; and granting hearing officers discretion to limit attendance in emotional disability (e.g., PTSD) cases. Boards should review and update their internal disability application, medical panel, and hearing procedures to ensure compliance with these revised regulations.

This memo reinforces amended 840 CMR 10.13(1)(a), which requires all voting board members—regardless of how they voted—to sign disability retirement transmittals (accidental/ordinary disability and accidental death) sent to PERAC. PERAC granted a grace period, processing applications without full signatures through April 29, 2016, but boards must ensure all voting members sign transmittals for applications submitted on or after May 2, 2016, or the application will be remanded.

PERAC Memo #16/2016 explains Chapter 77 of the Acts of 2016, effective for benefits granted on or after July 1, 2016, which addresses situations where a member has an ex-spouse designated as Option C beneficiary under a QDRO but later remarries and dies from the condition underlying an accidental disability retirement (or, for firefighters, from cancer discovered within 5 years of retirement). The law requires that the Option C benefit be paid to the former spouse, with any remaining difference between the Section 9 accidental death benefit and the Option C benefit paid to the current spouse; if the former spouse predeceases the current spouse, the full Section 9 benefit reverts to the current spouse. Boards must apply this calculation method when processing Section 9 claims involving a DRO-designated Option C beneficiary and a surviving current spouse, ensuring benefits are properly split and administered under these limited circumstances.

PERAC Memo #19/2016 announces the updated annual supplemental dependent allowance of $871.56 per eligible child, effective July 1, 2016, applicable under G.L. c. 32 §§ 7(2)(a)(iii), 22D, and 9(2)(d)(ii). Boards that have accepted these provisions must begin paying this increased annual amount to eligible dependent children of accidental disability retirees and accidental death survivors as of that date. No further board action is needed beyond implementing the new payment amount for qualifying beneficiaries.

This memo lists Q4 2016 mandatory training opportunities for retirement board members (MACRS sessions, PERAC-hosted disability process and board responsibilities trainings, OML sessions, and various webinars/online options), and reiterates PERAC's pre-approval process and list of pre-approved third-party programs eligible for education credit. Boards should note that members who fail to meet the annual training mandate become ineligible to continue serving for the remainder of their term, so administrators should ensure members register for and complete qualifying sessions before year-end.

PERAC Memo #28/2016 requests that retirement boards review and update disability retiree records (deaths, nursing home confinement, waivers, returns to active status, address changes) to maintain an accurate database used for enforcing post-retirement earnings limits and issuing the 2016 Annual Statement of Earned Income (91A) mailing. Boards must also complete the "New Member Data" form for any 2016 accidental or ordinary disability retirees and return all updated information to PERAC no later than **January 16, 2017**.

PERAC Memo #30/2016 addresses the annual review, required under 840 CMR 10:10(3) and 10:15(4), of the maximum amount PERAC will reimburse for non-invasive medical tests suggested by Regional Medical Panels during disability retirement evaluations. At its December 14, 2016 meeting, the Commission voted to maintain the existing cap, authorizing PERAC staff to approve up to $100.00 per case for such testing. No action is required of retirement boards; this is informational, confirming the reimbursement threshold remains unchanged.

PERAC Memo #7/2015 requests that all retirement boards submit active member, retiree/survivor, and disability retiree data as of December 31, 2014, in standard PERAC record format by March 31, 2015. Boards should submit this data promptly so PERAC can generate analysis reports identifying errors or discrepancies to correct, supporting accurate and timely actuarial valuations; boards already scheduled for a 2015 PERAC valuation should have received a separate data request.

PERAC Memo #10/2015 reminds retirement board members of the mandatory annual Chapter 32 training requirement, noting that failure to meet the mandate renders a member ineligible to continue serving beyond their current term. It lists pre-approved courses and sponsoring organizations (e.g., NCPERS, NCTR, PRIM, GFOA, State Ethics Commission seminars) eligible for education credit, clarifies that affidavits may substitute for attendance proof at approved online courses, and states that credit for conference-embedded sessions (e.g., ethics or open meeting law segments) requires PERAC pre-approval well in advance of the event. Boards should ensure members are aware of and pursuing sufficient approved training to remain compliant and eligible to serve.

This memo announces that, under Chapter 492 of the Acts of 2014, disability retirees may now earn an additional $15,000 per calendar year (from any public or private source) above the standard earnings cap—the difference between the current salary of the position from which they retired and their retirement allowance—effective for calendar year 2015 and reflected on the 2015 Annual Statement of Earned Income filed in 2016. Note that the 960-hour public-sector work limit remains unchanged. Boards should use the attached (interactive, web-based) Earned Income Worksheet to help disability retirees calculate their allowable annual earnings under the new limit.

PERAC Memo #16/2015 announces the updated annual supplemental dependent allowance—$846.12 per eligible child effective July 1, 2015—payable under G.L. c. 32 §7(2)(a)(iii) (including systems that accepted §22D) and under §9(2)(d)(ii) for additional pensions for dependent children. Boards that have accepted these provisions must apply this new COLA-adjusted amount to eligible accidental disability retirees and accidental death survivors beginning with that date; no further action is needed for boards that have not accepted these provisions.

PERAC Memo #19/2015 announces proposed amendments to 840 CMR 10.00 (Disability Retirement process) and 840 CMR 7.00 (Retirement Board Election process), with public hearings scheduled between September 21 and October 8, 2015, and a comment deadline of October 9, 2015. Boards should review the enclosed draft regulations, may attend a hearing or submit written comments by the deadline, and can request copies of the drafts from PERAC if needed—no other immediate action is required.

PERAC Memo #21/2015 reminds retirement boards that all board members must complete mandatory annual training under Chapter 32, warning that failure to meet this requirement will disqualify a member from continuing to serve once their current term ends. It lists pre-approved courses and sponsoring organizations (e.g., NCPERS, NCTR, IFEBP, PRIM, GFOA, State Ethics Commission) eligible for credit, notes that affidavits are accepted as proof of attendance for certain online courses, and clarifies that repeat online courses within 12 months do not earn credit. Boards should ensure members are aware of and tracking their training compliance, and should seek PERAC pre-approval well in advance for any non-listed conference sessions seeking credit.

PERAC Memo #26/2015 asks retirement boards to review and update PERAC's disability retiree database, reporting any 2015 status changes (death, nursing home confinement, waived allowance, return to active status, or address changes) and noting which retirees are exempt from filing the Annual Statement of Earned Income (91A) under Chapter 176 of the Acts of 2011. Boards must also complete the "New Member Data" form for all new accidental or ordinary disability retirees approved in 2015, or for any members missing from the provided list. All updates and forms are due to PERAC by January 13, 2016, to ensure accuracy before the 2015 91A statements are mailed in February.

This memo requests that all retirement boards submit active member, retiree/survivor, and disability retiree data as of December 31, 2013, in PERAC's standard record format. Boards must submit this data by March 31, 2014; PERAC will then return data analysis reports so boards can review and correct any warnings, errors, or questionable items to support reliable, timely actuarial valuations. Boards scheduled for a 2014 PERAC actuarial valuation should already have received a separate data request.

This memo announces a new PERAC informational CD/resource packet designed to orient newly elected or appointed retirement board members, covering topics such as actuarial valuations, trustee responsibilities, disability retirement processes, and the competitive bid process. Boards are asked to help distribute this CD to new members promptly upon their appointment or election, rather than waiting for PERAC to send it directly, though no other formal action is required.

This corrected memo (superseding Memo #13/2014) reminds boards of the mandatory annual training requirement for retirement board members under Chapter 32, noting that failure to meet this requirement bars a member from continuing to serve beyond their current term. It details specific pre-approved training credit opportunities for 2014—including three hours for State Ethics Commission conflict-of-interest seminars and four hours each for NCPERS TEDS and PATS programs—and specifies the documentation (certificates of attendance) members must submit to PERAC to receive credit. Boards should inform members of these opportunities and ensure certificates are forwarded to PERAC to properly document compliance.

PERAC Memo #17/2014 informs boards of an IRS Private Letter Ruling (dated August 20, 2013) clarifying the federal (not state) tax treatment of Chapter 32 disability retirement allowances and related survivor/death benefits, covering ordinary and accidental disability pensions, dependent allowances, and benefits under Sections 9, 94/94A/94B, and 100. Boards should apply these tax-status determinations prospectively from August 20, 2013 (the PLR's effective date) and correct the tax reporting/withholding treatment of any affected benefits paid on or after that date accordingly; no retroactive corrections prior to that date are required.

PERAC Memo 21/2014 addresses the impact of the *Larrson v. Stoneham Retirement Board* decision, which held that two beneficiaries cannot concurrently receive a benefit on one member's account. Effective July 1, 2014, this supersedes prior PERAC guidance (Memo 8/1997 and part of Memo 25/2004): where a member who retired for accidental disability with an Option C beneficiary later dies from the related cause, a qualifying Section 9 accidental death beneficiary now supersedes and extinguishes the Option C beneficiary's right to benefits, rather than both receiving concurrent payments. Boards need not disturb existing concurrent benefit arrangements already in pay status before July 1, 2014, but must apply this superseding rule to all new cases arising on or after that date.

PERAC Memo #26/2014 announces the launch of a new Secure Electronic Document Transmission system for submitting Regional Medical Panel documents, Disability Transmittal Documents, and other secure files. To participate, board staff who handle these documents must attend one of six scheduled training sessions (August 7–27, 2014, at various locations) and obtain a completion certificate before being granted access to the encrypted submission system. Boards should identify relevant staff and email Rose Cipriani promptly to reserve a spot, as sessions are limited to 20 attendees each.

PERAC Memo #27/2014 clarifies how the August 2013 IRS Private Letter Ruling applies to benefits paid under legislative special bills (as opposed to standard Ch. 32 provisions). Boards must examine each special bill's language individually: if it explicitly references Sections 7, 9, or 100, it should be taxed accordingly (pension portion non-taxable up to 72%, annuity taxable); if it lacks such reference, boards must assess whether sufficient nexus exists to those sections to qualify for non-taxable treatment, and if not, report the benefit as "taxable amount not determined" (Box 2b of Form 1099-R). Boards taking a different reporting position should consult counsel to support that approach.

PERAC Memo #28/2014 announces the annual COLA-adjusted supplemental dependent allowance for eligible children of accidental disability retirees and accidental death survivors, set at $821.52 per eligible child effective July 1, 2014, under G.L. c. 32 §§ 7(2)(a)(iii), 22D, and 9(2)(d)(ii). Boards that have accepted these provisions must update their payment amounts to reflect this new figure; questions should be directed to PERAC actuary Jim Lamenzo.

PERAC Memo #29/2014 summarizes Chapter 165 of the Acts of 2014 (FY2015 budget outside sections), which amended the dual-member provision under G.L. c. 32, §5(2)(e). The revised law excludes overlapping service of less than 60 days, excludes positions paying under $5,000/year, and limits application of dual-member benefit calculations to only the final 5 years of creditable service before retirement (and clarifies it does not apply to §6 ordinary disability benefits). Boards must apply this narrower standard when a member has worked concurrently in two systems, determining at retirement whether the dual-member rules are triggered based on the last 5 years of service, and must return/reallocate contributions accordingly when applicable.

PERAC Memo #33/2014 announces the launch of Secure Electronic Document Transmission for submitting Regional Medical Panel documents, Disability Transmittal Documents, and other secure files, and notes an additional training session scheduled for November 6, 2014 at the Springfield Retirement Board to accommodate Central/Western Massachusetts systems. Boards must have staff complete PERAC's training and receive a completion certificate before they can be granted access to submit documents electronically; interested boards should RSVP with Rose Cipriani, as space is limited to 30 attendees.

PERAC Memo #35/2014 requests that retirement boards review and update PERAC's disability retiree database, reporting any status changes in 2014 (death, nursing home confinement, waivers, return to active status, address changes) and completing the "New Member Data" form for all newly approved accidental or ordinary disability retirees. Boards must also verify which disabled retirees remain subject to the Annual Statement of Earned Income (91A) requirement under Chapter 176 pension reform waivers. All updates and forms are due back to PERAC by January 16, 2015, to ensure accuracy before the 91A mailing in late February.

PERAC Memo #38/2014 addresses the annual review of the cost cap for non-invasive medical tests suggested by Regional Medical Panels under 840 CMR 10:10(3) and 10:15(4). The Commission voted on December 4, 2014 to maintain the existing threshold, authorizing PERAC staff to approve such testing costs up to $100 per case without additional Commission approval. No action is required by retirement boards beyond awareness of this continuing policy.

PERAC Memo #10/2013 requests that all retirement boards submit actuarial data for active members, retirees/survivors, and disability retirees as of December 31, 2012, in the standard PERAC record format. Boards must submit this data by March 31, 2013, so PERAC can generate data analysis reports to help identify and correct errors or discrepancies, supporting reliable and timely actuarial valuations; boards scheduled for a 2013 PERAC valuation should have already received a separate, specific data request.

PERAC Memo #17/2013 announces proposed amendments to 840 CMR 3.07 and 3.10 (implementing HEART Act requirements for military service-related death/disability benefits and rollover accounting) and to 840 CMR 3.08 (simplifying IRS Section 415 limit calculations). No immediate board action is required, but boards should review the draft regulations and may submit public comments—by July 19, 2013 for the HEART Act changes and August 2, 2013 for the 3.08 amendments—or attend the scheduled public hearings in Somerville and Worcester in July 2013.

PERAC Memo #21/2013 announces the updated annual COLA amount for the supplemental dependent allowance—$797.64 per eligible child, effective July 1, 2013—applicable to accidental disability retirees and accidental death survivors under G.L. c. 32, §§ 7(2)(a)(iii), 22D, and 9(2)(d)(ii). Boards that have accepted these provisions must begin paying the increased amount to eligible dependents as of that date; no further board action beyond implementing the new rate is required.

PERAC Memorandum #34 (2013) announces the Commission's adoption of final regulations (840 CMR 3.07 and 3.10), effective November 22, 2013, implementing the federal HEART Act. These regulations require that members who died or became disabled on or after January 1, 2007 while performing qualified military service be treated as if reemployed immediately before death/disability, entitling them (or their beneficiaries) to accelerated vesting, survivor benefits, and creditable service up to the date of death or disability. Boards must proactively search their records (manually or electronically) to identify all members who died or were disabled during military leave, or who were previously denied creditable service or benefits for such leave, and contact those members or their beneficiaries to determine eligibility for additional benefits, including potential recalculation of §12(2)(d) survivor benefits or reinstatement of withdrawn deductions to qualify for disability or superannuation retirement.

PERAC Memorandum #35, 2013 requests that boards review and update their disability retiree database to reflect any 2013 status changes (death, nursing home confinement, waiver, return to active status, address changes), and to complete the "New Member Data" form for all newly approved disability retirees from 2013. Boards must also help follow up with disability retirees who did not respond to the Affidavit Waiver, as non-respondents will be required to file a 2013 Annual Statement of Earned Income (91A). All information is due back to PERAC by January 15, 2014, to ensure accuracy before the 91A mailing in late February.

This memo announces PERAC's annual review of the medical testing fee cap under 840 CMR 10:10(3) & 10:15(4), confirming that at its December 12, 2013 meeting, the Commission voted to continue the existing $100 per-case limit for non-invasive medical tests ordered through the Regional Medical Panel process. No action is required by boards; this is informational, confirming the fee cap remains unchanged.

PERAC Memorandum #09/2012 requests that all retirement boards submit active member, retiree/survivor, and disability retiree data as of December 31, 2011, in the standard PERAC record format. Boards must submit this data by March 31, 2012, after which PERAC will provide data analysis reports to help identify and correct errors or warnings, supporting accurate and timely actuarial valuations. Boards scheduled for a 2012 PERAC actuarial valuation should already have received a separate data request.

This follow-up to Memo #30/2011 clarifies that the shift substitution documentation/verification policy applies prospectively only—boards should only inquire about shift substitution and unrepaid shifts for members retiring on or after October 26, 2011, and only for shifts occurring on or after that date (not retroactively to Chapter 21 of the Acts of 2009 or earlier). Boards should verify that employers are tracking shift substitution and repayment from October 26, 2011 forward, and may wish to issue guidance to their employers instructing them to establish record-keeping systems to properly certify creditable service and regular compensation for retirement calculations going forward.

This memo notifies boards that under Chapter 176 of the Acts of 2011, each retirement board member must complete 18 hours of training per term, effective calendar year 2012, and describes PERAC's process for tracking compliance (forms issued by PERAC, member submissions due January 31, 2013, PERAC status reports by March 1, 2013). It also announces upcoming/completed PERAC training sessions (including an evening session and Ethics Commission credit opportunities) available to help members meet this requirement. Action required: Boards must ensure their members are aware of and complete the mandatory 18-hour training requirement, distribute PERAC's completion forms to members, and facilitate timely submission of those forms to PERAC by the January 31, 2013 deadline, since failure to meet the requirement bars a member from continuing service beyond the current term.

This memo provides a quarterly update on the mandatory 18-hour annual training requirement for retirement board members under Chapter 176 of the Acts of 2011 (M.G.L. c. 32, §20, Subdivision 7), effective for 2012. It confirms educational credit awarded for MACRS Conference sessions and various PERAC-hosted programs (ethics, actuarial basics, disability), and clarifies the pre-approval process for outside training events. Boards should ensure members are aware of the requirement, distribute PERAC's forthcoming statement-of-completion forms to members, and confirm that members submit completed forms to PERAC by January 31, 2013, since failure to meet the training requirement will bar a member from continuing to serve beyond their current term.

This memo announces the updated annual supplemental dependent allowance—$774.36 per eligible child, effective July 1, 2012—payable under G.L. c. 32 §§ 7(2)(a)(iii), 22D, and 9(2)(d)(ii). Boards that have accepted these provisions must apply this increased amount when paying benefits to eligible children of accidental disability retirees and accidental death survivors, with no further action needed for boards that have not adopted these sections.

PERAC Memo #43/2012 explains that Chapter 139 of the Acts of 2012 (Sections 63-65) created a new local option allowing retirement boards to raise the G.L. c. 32, §101 survivor benefit for widows/widowers of disabled public employees to $12,000 annually, building on the prior $6,000 statutory benefit and the $9,000 supplemental option from 2010. Boards wishing to adopt this increase must vote to accept it, obtain approval from their local legislative body, and file certification of these votes with PERAC before the increase takes effect (this may be done at any time); absent such acceptance, the benefit remains at $6,000 or $9,000 as previously adopted. Note that the State Teachers' and State Employees' Retirement Systems are deemed to have already accepted this option effective July 1, 2012, requiring no further action from those systems.

PERAC Memo #44/2012 announces the release of an interactive Excel worksheet (with instructions) designed to help retirement boards calculate whether a member's regular compensation triggers the anti-spiking provisions under Sections 14 and 18 of Chapter 176 of the Acts of 2011. Boards must now attach this worksheet (or an equivalent showing both Section 14 and 18 calculations) to every superannuation, ordinary disability (non-veteran), and member-survivor allowance calculation submitted to PERAC—submissions lacking it will not be processed—and boards with waivers must retain the completed worksheet in members' files, as unsupported assertions of "no spiking" are no longer acceptable.

This memo provides a quarterly update on the mandatory 18-hour training requirement for retirement board members under Ch. 176 of the Acts of 2011, reminding boards that 2012 completion forms are due to PERAC by January 31, 2013 (with PERAC issuing status reports by March 1, 2013), and that failure to meet the requirement bars a member from continuing to serve beyond their current term. Boards must distribute the forthcoming PERAC statement-of-completion forms to their members and should encourage any members who have not yet met the minimum 2012 credit requirement to attend qualifying programs (e.g., MACRS Conference sessions, State Ethics Commission seminars, PERAC Disability Training) before year-end.

PERAC Memo #57/2012 requests that retirement boards review and update PERAC's disability retiree database, reflecting deaths, nursing home confinements, allowance waivers, returns to active status, and address changes that occurred during 2012. Boards must also complete the "New Member Data" form for any new accidental or ordinary disability retirees approved in 2012 and help contact members who have not responded to the Affidavit Waiver (noting that non-respondents must file a 2012 Annual Statement of Earned Income). All information is due to PERAC by **January 15, 2013**, to ensure database accuracy before the 91A mailing in late February.

PERAC Memo #59/2012 explains that Chapter 176's changes to superannuation post-retirement earnings limits indirectly affect disabled retirees under Section 91A: total earnings (public and private combined) are limited to $5,000 above the current salary of the position from which the retiree retired, and public sector employment remains capped at 960 hours annually. Boards should use the updated interactive Earned Income Worksheet (posted on PERAC's website) to calculate allowable earnings for disabled retirees returning to work.

PERAC Memo #60/2012 addresses the annual review of the medical testing fee under 840 CMR 10:10(3) and 10:15(4), which caps the cost of non-invasive medical tests the Commission will fund without prior approval when suggested by a Regional Medical Panel during disability evaluations. At its December 10, 2012 meeting, the Commission voted to maintain the existing $100.00 per-case limit that PERAC staff may approve for such testing. No action is required by boards, as this is informational; boards should simply be aware that testing costs exceeding $100.00 require advance PERAC approval.

This memo announces PERAC's annual review of the non-invasive medical testing fee cap under 840 CMR 10:10(3) & 10:15(4), confirming the Commission voted on December 13, 2010 to maintain the existing practice of authorizing PERAC staff to approve up to $100.00 per case for non-invasive medical tests ordered by Regional Medical Panels. No action is required by retirement boards; this is informational, noting that any testing costs exceeding $100.00 still require advance Commission approval.

This memo requests that all retirement boards submit active member, retiree/survivor, and disability retiree data as of December 31, 2010, in standard PERAC record format by March 31, 2011. Boards should expect data analysis reports afterward to review and correct any errors or warnings, supporting sound data maintenance for reliable actuarial valuations. Boards already scheduled for a 2011 PERAC actuarial valuation should have received a separate, specific data request.

PERAC Memo #23, 2011 announces the annual cost-of-living adjustment to the supplemental dependent allowance under G.L. c. 32, §§ 7(2)(a)(iii), 22D, and 9(2)(d)(ii), raising the per-child annual payment to $751.80 effective July 1, 2011. Boards that have accepted these provisions must update payments to eligible children of accidental disability retirees and accidental death survivors accordingly; questions should be directed to PERAC actuary Jim Lamenzo.

This memo reminds boards of the G.L. c. 32 §91(b)-(c) limits on post-retirement public employment—retirees may not work more than 960 hours per calendar year or earn compensation that, combined with their retirement allowance, exceeds the current salary of the position from which they retired. Boards should note that while employers and retirees bear primary responsibility for monitoring and certifying hours/earnings, courts have held that a retirement board may recoup excess payments if the employer fails to do so; PERAC has provided an Excel worksheet to assist boards, employers, and retirees in tracking compliance.

This memo summarizes the Attorney General's regulations (940 CMR 29.10) permitting remote participation at public meetings, and explains how retirement boards may adopt this practice by simple majority vote. No action is required, but if a board chooses to allow remote participation, it must follow specific procedural requirements: a physical quorum (including the Chair or authorized substitute) must be present, remote participation is limited to specified reasons (illness, disability, emergency, military service, or geographic distance), all votes must be by roll call, and detailed documentation of the reason and procedures must be reflected in the minutes.

PERAC Memorandum #37, 2011 directs retirement boards to transition from mailing diskettes/CDs to using the Commonwealth's Secure File and E-mail Delivery (SFED) system for transmitting actuarial data (member, retiree, and disability files) to protect personally identifiable information. Boards must submit the name, title, phone number, and email address(es) of staff responsible for these transmissions to John Boorack by December 31, 2011, so PERAC can issue SFED account setup invitations.

This memo announces the new mandatory training requirement under Chapter 176 of the Acts of 2011 (M.G.L. c. 32, §20(7)), which takes effect in 2012 and requires each retirement board member to complete 18 hours of training over their term, with a minimum of 3 and maximum of 9 hours creditable per year. Boards must distribute PERAC's statement-of-completion forms to members, ensure members submit completed forms documenting 2012 training to PERAC by January 31, 2013, and be aware that failure to meet the requirement bars a member from serving beyond the end of their term. PERAC has scheduled initial 2012 training sessions (covering fiduciary responsibility/annual statement training and ethics) that boards should make available to their members.

PERAC Memorandum #42, 2011 requests that retirement boards update their disability retiree records to ensure PERAC's database accurately reflects post-retirement earnings limits. Boards must review the attached list of disability retirees and report any 2011 status changes (death, nursing home confinement, waiver of allowance, return to active status, or address changes), and complete a "New Member Data" form for any new disability retirees approved in 2011. All updates are due to PERAC by January 17, 2012, to ensure accuracy before the 2011 Annual Statements of Earned Income (91A) are mailed at the end of February.

This memo announces PERAC's annual review of the medical testing fee cap under 840 CMR 10:10(3) and 10:15(4), which governs reimbursement for non-invasive medical tests ordered by Regional Medical Panels during disability evaluations. At its December 12, 2011 meeting, the Commission voted to continue past practice, maintaining the $100.00 per case cap that PERAC staff may approve without further Commission review. No action is required of boards, as this is informational, though boards should be aware that any test costs exceeding $100 require advance Commission approval.

This memo requests that all retirement boards submit active member, retiree/survivor, and disability retiree data as of December 31, 2009, in PERAC's standard record format by March 31, 2010. Boards will receive data analysis reports afterward to review and correct any questionable items, and PERAC recommends sound data maintenance practices to ensure reliable, timely actuarial valuations. Boards scheduled for a 2010 PERAC actuarial valuation should already have received a separate data request.

This memo clarifies implementation of the "Under $5000 Rule" (G.L. c. 32, §4(1)(o)), which excludes creditable service (but not membership) for employees earning under $5,000 annually as of July 1, 2009. Boards should consider adopting a supplemental regulation under §3(2)(d) to exclude future part-time/low-earning employees and elected officials from membership going forward, but for current members already in service, boards must continue withholding retirement deductions from their compensation even though that service will not count as creditable service, since membership status is unaffected by this statute.

Memorandum #17 (2010) reminds boards that Massachusetts public retirees returning to public employment—whether as employees, consultants, or independent contractors—remain subject to the § 91(b)/(c) earnings and hours limitations (960 hours/calendar year and earnings capped at the difference between the retiree's allowance and the current salary of the position from which they retired). It clarifies that monitoring responsibility rests with the employer and retiree, that boards may recoup excess payments if employers fail to do so (per Flanagan v. CRAB), and it introduces a new PERAC Post-Retirement Earnings Worksheet to help boards, employers, and retirees track and enforce compliance. Boards should begin using this worksheet and ensure employers are certifying retirees' hours/earnings to prevent limit violations.

This memo announces PERAC's implementation of a policy allowing prospective modification (suspension) of disability retirement allowances under G.L. c. 32, §8(3) for retirees whose earnings have fully recouped their allowance for three consecutive years, beginning with 2007-2009 earnings statements. Boards should be aware that PERAC—not the board—will identify affected retirees, notify them and the board, and conduct the hearing/appeal process, but boards must be prepared to continue withholding a portion of allowance for health insurance premiums and to continue treating affected members as disability retirees for c. 32A §10 and c. 41 §100B purposes.

PERAC Memorandum #22, 2010 addresses the DALA decision in Petrucci v. PERAC, which followed the earlier Amoah precedent, holding that a member on partial workers' compensation who continues part-time employment with the same employer where the injury occurred is entitled to full creditable service for that period. Boards must now grant full creditable service in such cases going forward; however, if a member receiving partial workers' compensation is not concurrently employed with the same employer, no creditable service should be granted for that period.

Memorandum #27, 2010 announces that effective July 1, 2010, the annual supplemental dependent allowance under G.L. c. 32, §§ 7(2)(a)(iii), 22D, and 9(2)(d)(ii) increases to $729.84 per eligible child. Boards that have accepted these provisions must apply this updated amount when paying benefits to accidental disability retirees and accidental death survivors with eligible dependent children. No formal acceptance action is required, but boards should update payment amounts accordingly and contact PERAC's actuary with questions.

PERAC Memorandum #40, 2010 asks retirement boards to review and update their disability retiree database to ensure accurate tracking of post-retirement earnings limits, since disability allowances are now terminated (not just suspended) for non-compliance. Boards must update statuses for deaths, nursing home confinements, waived allowances, returns to active status, or address changes, and submit a completed "New Member Data" form for all new 2010 disability retirees, with all information due to PERAC by January 19, 2011, ahead of the 91A Annual Statements mailing.

PERAC Memorandum #3, 2009 requests that all retirement boards submit active member, retiree/survivor, and disability retiree data as of December 31, 2008, in the standard PERAC record format by March 31, 2009. Boards must review the resulting data analysis reports to correct any errors or warnings identified, and PERAC staff are available to assist with this data maintenance process. Boards scheduled for a 2009 actuarial valuation should have already received a separate, specific data request.

PERAC Memorandum #11, 2009 addresses the annual review of the maximum reimbursement amount for non-invasive medical tests ordered by Regional Medical Panels under 840 CMR 10:10(3) and 10:15(4). The Commission voted on January 27, 2009 to continue its past practice of authorizing PERAC staff to approve such testing costs up to $100.00 per case, with no action required by retirement boards beyond awareness of this continuing threshold.

PERAC Memorandum #12, 2009 announces disability training seminars for retirement board staff in 2009, covering disability basics, Workers' Compensation calculations, and the 91A process, with sessions scheduled for March 19 and May 14 at PERAC (additional sessions in Western Massachusetts to be announced). Boards should submit topics of interest to Kate Hogan (without case-specific details) and, if interested in attending the March 19 session, complete and return the attached registration form; no other action is required.

PERAC withdrew the proposed regulation that would have required two Physician's Statements for disability retirement applications, opting instead to revise the single Physician's Statement form itself, with input from its consulting physician, to improve clarity and reporting of medical findings. The revised form separates accidental disability questions (3A) from Heart/Lung/Cancer presumption cases (3B); boards should begin using this updated Treating Physician Statement immediately and must use it for all disability applications initiated on or after June 1, 2009, with completed statements still requiring an original signed hard copy submission.

Memorandum #21 (2009) announces PERAC's new Electronic Content Management System for scanning disability case documents and reminds boards that the Request for Appointment of a Regional Medical Panel process is unchanged, though updated bar-coded PDF fill-in forms (including the new Treating Physician's Statement) are now available via CD or the PERAC website. **Action required:** Boards must use the new bar-coded Treating Physician's Statement for all applications initiated on or after June 1, 2009 (the old version is accepted only until then); avoid stapling, tearing, resizing, or writing on document bar codes; never email unencrypted disability/membership forms containing personal identifying information; and update their disability manuals with the enclosed replacement pages, watching for future updates posted on PERAC's website.

**Memorandum #22, 2009 — Foresta v. CRAB Summary** The SJC ruled in *Foresta v. Contributory Retirement Appeal Board* that an employer may modify an injured employee's job duties and description, and this modified position—rather than the original job at time of injury—may serve as the basis for evaluating eligibility for accidental disability retirement, provided the modified duties are "similar in responsibility and purpose" to the original job and the modification is not merely a temporary or pretextual accommodation. Retirement boards should apply this standard when reviewing ADR applications involving employees who have been placed in accommodated or modified positions, assessing whether the modified role meets the similarity test before determining disability eligibility. No specific board action is mandated beyond incorporating this legal standard into future ADR case reviews.

**PERAC Memorandum #24, 2009 – Summary** This memo transmits Chapter 21 of the Acts of 2009 ("Pension Reform Act"), signed June 16, 2009, and outlines its major provisions, including a new, narrower statutory definition of "regular compensation" (effective July 1, 2009, limiting it largely to base salary and excluding overtime, bonuses, buyouts, and similar payments, with limited grandfathering for collective bargaining agreements through June 30, 2012); elimination of automatic full-year creditable service credit for elected officials serving partial years (for retirements after July 1, 2009); and repeal of the ability to purchase creditable service for uncompensated positions. **Action required:** Boards should review the attached bill text, update payroll/compensation reporting practices to conform to the new regular compensation definition by the applicable effective dates, and await further PERAC guidance on implementation details.

This memo announces the annual COLA adjustment to the supplemental dependent allowance under G.L. c. 32 §§ 7(2)(a)(iii), 22D, and 9(2)(d)(ii), setting the payment at $708.60 per eligible child effective July 1, 2009. Boards that have accepted these provisions must update their systems to pay this new annual amount to eligible accidental disability retirees and accidental death survivors for each qualifying dependent child, with questions directed to PERAC's actuary Jim Lamenzo.

This memo clarifies COLA eligibility timing when an Accidental Disability retiree dies and their beneficiary begins receiving an Accidental Death benefit under G.L. c. 32, §9 (or §101). Because this is a new benefit rather than a continuation of the deceased member's allowance, the beneficiary must have been receiving the Accidental Death benefit as of June 30 of the prior fiscal year to qualify for a COLA—unlike an Option C beneficiary, who continues the member's existing benefit and is COLA-eligible if the member's benefit was in place by that date. Boards should apply this distinction when processing COLA payments for Accidental Death beneficiaries; no other action is required.

PERAC Memo #34/2009 explains changes to G.L. c. 32, §7(2)(a)(ii) made by Chapter 21 of the Acts of 2009, which alter how regular compensation is determined for accidental disability allowance calculations when a member was serving in a temporary or acting position at the time of injury—such members' pensions are now based on the average annual rate of regular compensation for the prior 12-month period, rather than the compensation rate on the date of injury. Boards must use the attached new form for all accidental disability retirement calculations submitted after the memo's date, and should ensure staff apply the correct compensation basis depending on whether the member held a temporary/acting position at the time of injury.

Memorandum #36/2009 announces PERAC's newest pension fraud awareness poster ("Pension Fraud Is Stealing"), part of an ongoing campaign supporting the Commission's confidential fraud hot line (1-800-445-3266). Boards should display the enclosed posters in high-visibility areas of their offices and distribute the accompanying brochures and "Referral Report of Potential Fraud" forms to staff and the public for reporting suspected fraud; additional materials are available from PERAC's Communications Director upon request.

PERAC Memorandum #41 (2009) transmits an updated CD (dated September 2009) containing fill-in PDF forms for Disability and General Membership applications, replacing the March 2009 CD. The only change is the revised "Application for Withdrawal of Accumulated Total Deductions" form (previously announced in Memo #37); all other forms remain unchanged. Boards should begin using the updated Withdrawal form and retain/distribute the new CD accordingly.

This memo addresses PERAC's annual review of the maximum reimbursement amount for non-invasive medical tests ordered by Regional Medical Panels under 840 CMR 10:10(3) and 10:15(4). PERAC's Commission voted on October 27, 2009 to maintain the existing $100 per-case cap that PERAC staff may approve without additional Commission review. No action is required by retirement boards; this is informational only.

Memorandum #47 (2009) notifies boards that Section 19 of Chapter 166 of the Acts of 2009 further amended G.L. c. 32, §7(2)(a)(ii), retroactive to July 1, 2009, superseding the earlier changes made by Chapter 21. Boards must recalculate and resubmit for PERAC review all accidental disability retirement allowances with effective dates on or after July 1, 2009 that were calculated under the now-repealed formula, using the required form and provided examples for the new 72%/75% calculation methodology.

PERAC Memo #49/2009 asks retirement boards to review and update their disability retiree database to ensure PERAC can accurately enforce statutory post-retirement earnings limits, since non-compliance now results in termination (not just suspension) of a member's allowance. Boards must review the enclosed list to report status changes (death, nursing home confinement, waiver, return to active status, address changes) and complete the "New Member Data" form for all 2009 disability retirees. All updates must be returned to PERAC by January 15, 2010, prior to the mailing of the 2008 Annual Statements of Earned Income (91A).

This memo addresses the annual review required under 840 CMR 10:10(3) and 10:15(4) regarding the maximum cost PERAC will cover for non-invasive medical tests ordered by Regional Medical Panels. PERAC voted to continue its past practice, maintaining the $100 per-case threshold that staff may approve without additional Commission review. No action is required by boards, but administrators should be aware that any testing costs exceeding $100 still require advance Commission approval.

This memo requests that all retirement boards submit active member, retiree/survivor, and disability retiree data as of December 31, 2007, in the standard PERAC record format. Boards must submit this data by March 31, 2008; PERAC will then provide data analysis reports to help identify and correct errors or warnings, supporting reliable and timely actuarial valuations. Boards already notified separately about a 2008 actuarial valuation should follow that request instead.

This memo transmits proposed amendments to 840 CMR 10.12 and 10.14 requiring that PERAC receive notice of, and be allowed to participate in, board hearings on earnings by disability retirees, along with a separate proposed regulation permitting (but not requiring) boards to accept post-tax rollovers if accounted for separately. Boards should review the drafts and may submit public comments through March 17, 2008, or attend one of the scheduled public hearings (March 18, 20, or 25, 2008); no other immediate action is required unless a board wishes to comment or elect to accept post-tax rollovers.

This memo clarifies the rules governing former retirement system members who return to public employment, addressing three scenarios: buyback of previously withdrawn funds (at half the actuarial assumed interest rate) with automatic reinstatement to membership under G.L. c. 32, §3(2)(a)(iv), the two-year active service requirement before certain retirement allowances become payable again, and the process under §105 for retired members repaying benefits with interest to re-establish membership upon returning to public service. Boards should use this guidance to correctly calculate buyback amounts, apply the appropriate interest rates, and properly administer the re-establishment of membership and eligibility restrictions for returning former members and retirees; no additional filing or action beyond proper administration of these existing statutory provisions is required.

This memo reminds boards and public employers of the statutory restrictions on post-retirement public sector employment under G.L. c. 32 §91(b)&(c): retirees' combined earnings and pension cannot exceed the current salary of their former position, and their re-employment is capped at 960 hours per calendar year. It clarifies that both employers and retirees share responsibility for monitoring compliance, that excess earnings must be returned, and that boards may recoup unreturned excess payments if employers fail to do so (per Flanagan v. CRAB). Boards should distribute this memo to all employers within their retirement systems and periodically review retirees' hours and earnings for compliance.

This memo announces the annual cost-of-living adjustment to the supplemental dependent allowance under G.L. c. 32, §§ 7(2)(a)(iii), 22D, and 9(2)(d)(ii), setting the new annual amount at $687.96 per eligible child effective July 1, 2008. Boards that have accepted these provisions must update payments accordingly for accidental disability retirees and accidental death survivors with eligible dependent children; no further board action beyond implementing the new rate is required.

PERAC Memo #29/2008 announces amendments to 840 CMR 10.12 and 10.14 governing retirement board hearings on excess earnings or failure to file annual earned income statements under M.G.L. c. 32, §§91, 91A, or 91B. Key changes require boards to give 30 days' notice of hearings (with the Commission entitled to attend and present evidence but not cross-examine retirees), to allow retirees 15 days to request a hearing upon notice of excess earnings, to schedule any requested hearing within 45 days (with at least 30 days' notice), and to notify the member of the decision within 30 days after the hearing. Boards must update their hearing procedures to conform to these revised notice and timing requirements and ensure the Commission is copied on all related correspondence.

PERAC Memorandum #30, 2008 clarifies the division of financial responsibility for medical documentation in disability retirement cases: under 840 CMR 10.6(1)(b), the applicant is responsible for obtaining and paying for the physician's certificate (though boards may voluntarily offer financial assistance), while under 840 CMR 10.6(1)(g), the board bears fiduciary responsibility—and associated costs—for obtaining authorizations and medical/insurance records needed for the disability review. No new action is required of boards, but administrators should be aware that PERAC is revising the Physician Statement form to streamline the process and reduce costs to applicants.

Memorandum #32/2008 announces PERAC's template approach for requesting IRS Determination Letters on behalf of 103 of the 106 Chapter 32 retirement systems (excluding the State, Teachers', and Boston boards, which are filing separately). Boards wishing to join must complete and return Form 5300, the Local Option Worksheet, Form 2848, and Form 8821, along with a $1,000 check payable to the U.S. Treasury, by December 2, 2008; boards opting out must promptly retain their own tax counsel to file independently. PERAC also offered training sessions (October 14 and at the MACRS conference) to assist boards in completing the required documents.

PERAC Memorandum #33 (2008) announces a proposed amendment to 840 CMR 10.06 that would require disability retirement applicants to submit two Physician's Statements instead of the current one, with public comment accepted through November 21, 2008. Boards should review the draft regulation and may attend one of the scheduled hearings/workshops (Greenfield, Boston, or Taunton) to submit comments or receive assistance completing IRS Form 5300; attendance is optional but comment submission deadlines should be noted.

Memorandum #36 (2008) reminds boards that under 840 CMR 10.11(2), any Clarification Request sent to a medical panel physician must also be copied to PERAC; failure to do so prevents PERAC from tracking the request or issuing the physician invoice needed for payment. Effective December 1, 2008, boards must submit all Clarification Requests directly through PERAC (not solely to the physician), enabling PERAC to monitor 30-day response timelines and help ensure disability determinations are completed within the 180-day statutory deadline under 840 CMR 10.13(1).

PERAC Memorandum #40 (2008) asks retirement boards to review and update their disability retiree records for any 2008 status changes (death, nursing home confinement, waived allowance, return to active status, or address change) and to complete the "New Member Data" form for all new accidental or ordinary disability retirees approved in 2008. Boards must return all updated information to PERAC by January 16, 2009, to ensure database accuracy before the annual 91A Statements of Earned Income are mailed—this is especially important given the law change that now terminates (rather than suspends) allowances for non-compliance.

This memo announces the distribution of updated copies of the Massachusetts Public Employee Guide to Disability Retirement to all retirement boards (free, based on membership size) and to every public library in the Commonwealth. Additional copies can be ordered through Central Reprographics or downloaded from PERAC's website. No action is required of boards beyond noting the availability of these updated materials for members and staff.

PERAC Memo #8/2007 requests that all retirement boards submit active member, retiree/survivor, and disability retiree data as of December 31, 2006, in the standard PERAC record format by March 31, 2007. PERAC will review submissions and provide data analysis reports so boards can correct any errors or warnings, supporting accurate and timely actuarial valuations. Boards scheduled for a PERAC actuarial valuation in 2007 should have already received a separate data request and need not respond to this general memo for that purpose.

This memo confirms PERAC's annual review (as required by 840 CMR 10:10(3) & 10:15(4)) of the cost cap for non-invasive medical tests ordered by Regional Medical Panels. The Commission voted on January 24, 2007 to maintain the existing $100 per-case limit that PERAC staff may approve without further Commission authorization. No action is required by boards, but they should be aware that any panel-ordered test exceeding $100 requires advance PERAC approval.

PERAC Memorandum #17, 2007 announces that PERAC will no longer issue letters estimating potential disability allowance offsets for proposed (tentative) workers' compensation lump-sum settlements, effective immediately; it will continue to review and issue offset determinations only for settlements already approved by the Industrial Accidents Board. Boards should notify members and other interested parties of this change and direct offset inquiries to occur only after IAB approval of a settlement.

PERAC removed fill-in PDF functionality from its general membership and disability forms on its website due to privacy/security vulnerabilities identified by the state's IT Division, leaving only printable versions online; fill-in versions will instead be distributed via CD upon request (or via the previously distributed 2004 Publications Library CD). Boards must never e-mail fill-in PDF forms (even blank) to protect member privacy, and should immediately review their own websites to remove or secure any similarly vulnerable fill-in PDF forms.

This memo establishes PERAC's policy for handling videotapes/CDs submitted as evidence in disability retirement medical evaluations, treating them like standard medical records for regional medical panels, Requests for Clarification, and Comprehensive Medical Evaluations/Return to Service reviews. Boards must provide a copy of any videotape/CD to the member (and to all panel physicians if multiple panels are involved) before the medical panel examination, clearly label and identify the recording in the Transmittal of Background Information, and, for Requests for Clarification, allow the member 10 days to submit written comments before forwarding materials to PERAC or the panel; for Comprehensive Medical Evaluations, copies must also be sent to the PERAC Nurse Case Manager.

PERAC Memorandum #23, 2007 provides retirement boards with a CD containing PERAC's Disability and General Membership forms in a fillable PDF format, fulfilling a commitment made in Memorandum #18 of 2007. No specific board action is required beyond updating internal processes to utilize these new fill-in forms going forward.

Memorandum #29, 2007 announces the annual cost-of-living adjustment to the supplemental dependent allowance under G.L. c. 32, §§ 7(2)(a)(iii), 22D, and 9(2)(d)(ii), increasing the per-child annual amount to $667.92 effective July 1, 2007. Boards that have accepted these provisions must apply the new rate to eligible children of accidental disability retirees and accidental death survivors going forward; questions should be directed to PERAC's actuary, Jim Lamenzo.

This memo announces PERAC's regional disability training sessions scheduled for August 16, October 11, and November 15, 2007, designed to help board staff review disability case processing procedures and network with peers from other boards. While staff in targeted regions will receive priority invitations, boards interested in attending should contact Regina Manning to confirm space availability (limited to 20 participants per session), as no other action is required.

Memorandum #37/2007 explains IRC §402(l), added by the Pension Protection Act of 2006, which allows eligible retired public safety officers (those retired for disability or at normal retirement age) to exclude up to $3,000 annually from gross income for health or long-term care insurance premiums withheld directly from their retirement allowance and paid to the insurer; this exclusion is not available to survivors and must be self-reported by retirees on IRS Form 1040 (not shown on the 1099R). Boards have no mandated administrative role but should be prepared to inform members of the amounts withheld and paid to insurers, and should refer specific tax questions to members' personal tax advisors. The memo also notes PPA §829, which permits non-spouse beneficiaries to make direct trust-to-trust rollovers of inherited benefits, provided the receiving account properly identifies both the deceased member and the beneficiary.

PERAC Memo #44 (2007) announces a link on PERAC's website to a superannuation retirement pension calculator developed by the State Board of Retirement, which provides estimated benefit calculations for Group 1, 2, and 4 members seeking superannuation retirement only (it does not cover disability retirement, termination allowances, or specialized calculations such as State Police, judges, or "20/50" corrections retirements). Boards should note that these are estimates only—actual benefits are calculated solely at retirement under M.G.L. c. 32, and no board is bound by the online estimates—and are encouraged to inform their members that this tool is available for general planning purposes.

Memorandum #45 (2007) notifies boards that Chapter 162 of the Acts of 2007 amended the Heart Law (G.L. c. 32, §94), effective November 14, 2007, extending the hypertension/heart disease disability presumption to county correctional facility employees whose duties involve care, supervision, or custody of inmates. Boards should identify members in service on or after that date (including those on qualifying paid/unpaid leave, receiving workers' comp, or using sick leave with contributions) who may now qualify for the presumption, and should request PERAC convene a Heart Law panel for any eligible member pursuing a disability retirement application based on hypertension or heart disease; no panel will be convened for members already retired as of the effective date.

This memo requests that boards review and update PERAC's disability retiree database for 2007, reflecting status changes such as death, nursing home confinement, waived allowances, return to active status, or address changes. Boards must also complete the "New Member Data" form for all new accidental/ordinary disability retirees approved in 2007 and return all updates to PERAC by January 16, 2008, to ensure database accuracy before the annual 91A statements are mailed. Note that failure to report status changes is now more critical since noncompliance results in termination (rather than mere suspension) of a member's allowance.

Memorandum #2/2006 explains Chapter 143 of the Acts of 2005, which allows retirees (or their surviving spouses) who selected Option A or Option B between July 1, 2004 and December 27, 2004 a one-time opportunity to switch their retirement option, effective February 10, 2006; those who chose Option C during that period are not eligible. Boards must immediately identify affected retirees and surviving spouses, notify them of this right, and ensure applications are filed by July 1, 2006, with the option change processed within 180 days. Any resulting overpayments must be repaid in full (without interest, and without waiver), with Option B annuity distributions repaid in a lump sum, and new calculations/forms submitted to PERAC for approval.

This memo explains Chapter 157 of the Acts of 2005, which allows Group 1, 2, and 4 accidental disability retirees who are veterans to receive an additional yearly allowance ($15 per year of creditable service, up to $300), with Section 2 permitting retroactive payment to the date of retirement for living retirees. Both sections require local acceptance by the retirement board and legislative body, and veteran status is determined under the G.L. c. 4 §7 cl. 43 definition (per Memo #21/2004). **Action required:** If a board and its legislative body accept Section 1, Section 2, or both, the board must proactively notify all living accidental disability retirees of potential eligibility and send the appropriate application(s) (enclosed with the memo); if neither section is accepted, no applications should be sent. If Section 2 is accepted, retirees have 120 days from acceptance to apply, and the board must pay any resulting benefit within one year of receiving the application.

This memo addresses PERAC's annual review, required under 840 CMR 10:10(3) and 10:15(4), of the maximum reimbursement amount for non-invasive medical tests ordered by a Regional Medical Panel during disability evaluations. PERAC has voted to maintain the existing $100-per-case cap, which PERAC staff may approve without further Commission action. Boards need not take any action but should be aware that any test exceeding $100 requires advance Commission approval before the panel can order it.

This memo notifies boards that updated copies of the Massachusetts Public Employee Retirement Guide will be mailed free of charge (distributed by membership-size formula) during the week of April 17, 2006, with additional copies available from Central Reprographics or as a free download from PERAC's website. It also notes that updates to the Disability Retirement and Survivor Benefits guides are still in progress. No action is required of boards beyond noting the distribution and availability of these resources.

This memo announces PERAC's Spring 2006 training sessions covering the new regular compensation regulations, the motor vehicle case decision and its implementation, veterans' disability retirement benefits (Ch. 157/2005), and option selection changes for certain retirees (Ch. 143/2005). Boards wishing to send staff must submit the attached registration form promptly, as seating is limited and offered first-come, first-served, and may email questions in advance for inclusion in the presentations.

This memo announces an additional PERAC training session (Monday, May 15, 2006, 1:30–3:30 PM) covering recent pension law developments—including new regular compensation regulations, the motor vehicle valuation court decision, veterans' disability retirement benefits (Ch. 157 of 2005), and option selection changes for certain retirees (Ch. 143 of 2005). Boards with staff or members interested in attending must complete and fax the attached registration form to PERAC promptly, and may submit questions in advance via email with the specified subject line.

This memo clarifies implementation of Chapter 157 of the Acts of 2005, which grants Section 7 accidental disability retirees an additional veteran's allowance, focusing on timing issues when a retiree dies before or during the application/acceptance process. It explains that the benefit only becomes effective upon local legislative body acceptance, and no allowance is payable if a retiree dies before that acceptance date or before submitting/postmarking an application (for Section 2 benefits). Boards must notify all living accidental disability retirees of potential eligibility once Section 1 (or Sections 1 and 2) is accepted, process applications promptly, and are encouraged to complete verification and voting procedures expeditiously to maximize the number of retirees who qualify before death forecloses eligibility.

This memo explains that, effective July 5, 2006, boards that previously accepted the local option to increase the supplemental dependent allowance for children of accidental disability retirees under G.L. c. 32, §7(2)(a)(iii) may now similarly increase the accidental death benefit for surviving children under §9(2)(d)(ii). To implement this increase, a board must affirmatively vote to accept the option and obtain ratification from both its Chief Executive Officer and Legislative Body, with certified copies filed with PERAC; the increase is effective (non-retroactively) only from the date of filing. Boards should also verify their listed acceptance status for the original §7(2)(a)(iii) option on PERAC's website and submit corrected documentation if inaccurate.

Memorandum #35/2006 notifies retirement boards that have accepted G.L. c. 32 §7(2)(a)(iii) (or §22D, which deems that provision accepted) of the annual cost-of-living increase to the supplemental dependent allowance paid to accidental disability retirees, effective July 1, 2006, raising the amount to $648.48 per eligible child. Boards that have accepted these provisions must apply the new $648.48 annual rate for each eligible child going forward; a related increase for §9(2)(d)(ii) dependent benefits is covered separately in Memo #34/2006.

PERAC Memo #36/2006 reports on the CRAB decision in Flynn v. PERAC, which affirmed that G.L. c. 32 does not permit a retirement board to accept a discounted portion (e.g., 20-25%) of a workers' compensation lump sum settlement in full satisfaction of the amount subject to offset under §14. Boards must offset the full statutorily mandated amount attributable to weekly benefits—though they may accept that full offset amount in a single lump-sum payment—and must immediately discontinue any policy of accepting reduced settlement amounts in lieu of the full offset.

This memo reminds retirement boards that tax return information obtained under G.L. c. 32, §91A (relevant to disability retirees' earnings limits) is confidential and may only be used for authorized purposes—not disclosed to third parties. Boards must implement reasonable security measures (e.g., locked files, restricted access), train staff on confidentiality requirements, and be aware that DOR may periodically inspect board offices to verify compliance with these confidentiality safeguards.

This memo requests that retirement boards review PERAC's attached disability retiree list and update any 2006 status changes (death, nursing home confinement, waived allowance, return to active status, or address change), noting that non-compliance now results in termination rather than suspension of benefits. Boards must also complete the "New Member Data" form for all disability retirements approved in 2006 and return all updates to PERAC by January 12, 2007, ahead of the mailing of 2006 Annual Statements of Earned Income (91A), which will now identify retirees by a PERAC-assigned reference number instead of their Social Security number.

This memo establishes July 1, 2004 as the effective date for the new PERAC mortality table and interest rate (Option A, B, and C factors) adopted under Ch. 149 of the Acts of 2004. Boards must recalculate allowances for all retirees (and Option D beneficiaries) with effective dates on or after July 1, 2004 using the new factors and issue retroactive payments for any underpayment, but may not permit these retirees to change their previously selected option; boards should also allow members who deferred retirement between July 1 and December 27, 2004 to retire effective as of their termination date with an option selection made at that time.

This memo announces PERAC's 2005 pension fraud awareness campaign, promoting its confidential fraud hot line (1-800-445-3266) through a new poster series, brochures, and "Referral Report of Potential Fraud" forms. Boards are asked to display the enclosed posters prominently in their offices, make the fraud referral forms available to staff and the public for reporting suspected pension fraud, and contact PERAC's Communications Director for additional copies as needed.

This memo notifies boards that have accepted G.L. c. 32 §7(2)(a)(iii) (or §22D, which deems acceptance) of the annual cost-of-living adjusted supplemental dependent allowance for eligible children of accidental disability retirees, set at $629.64 per eligible child effective July 1, 2005. Boards subject to these provisions must update their benefit payments accordingly; questions should be directed to PERAC actuary Jim Lamenzo.

This memo addresses complaints regarding improper conduct at Medical Panel and Restoration to Service (RTS) examinations, specifically the submission of unauthorized information directly to examining physicians and participation by attorneys or representatives during exams. It clarifies that only members may bring supplemental medical documentation directly to an exam; all other additional information must be routed through the retirement board (for Medical Panels) or PERAC (for RTS exams), and non-member attendees may not participate beyond answering physician questions. Boards should ensure their members, attorneys, and representatives are aware of this protocol, since PERAC may void a physician's findings and bill the offending party if the process is intentionally obstructed or circumvented.

This memo summarizes the federal district court ruling in *Wheeler v. United States*, which held that when a member retires for superannuation and is later granted retroactive accidental disability retirement, the superannuation payments already received remain taxable as originally classified—they are not retroactively reclassified as non-taxable disability payments. Only the subsequent lump-sum retroactive payment and ongoing accidental disability allowance (calculated without reference to age, service, or contributions) qualify as non-taxable workers' compensation-type payments. The memo requires no action from boards but offers to provide a copy of the case for reference, useful for advising members on the tax treatment of retroactive disability awards.

This memo notifies boards that the per-copy price of PERAC's three retirement guides (Public Employee Retirement Guide, Disability Retirement Guide, and Survivor Benefits Guide) has risen from $1.00 to $1.25, and outlines options for obtaining copies—free download, in-person purchase, or mail order with specified postage/handling costs. No immediate action is required; boards are advised to delay ordering since updated guide editions are forthcoming (main guide by mid-December 2005, others in early 2006), after which boards will again receive free copies per PERAC's standard membership-based distribution formula.

This memo explains Chapter 157 of the Acts of 2005, which grants Section 7 accidental disability retirees in Groups 1, 2, and 4 an additional annual allowance ($15/year of service, up to $300), subject to local acceptance, with an optional retroactive component (Section 2) requiring a separate majority vote. Boards must vote separately on Section 1 (establishing the benefit) and, if desired, Section 2 (retroactivity)—Section 2 cannot be accepted without Section 1—and both require approval by the applicable legislative body. If Section 2 is accepted, boards must notify all accidental disability retirees to determine veteran eligibility and process applications within the specified timeframes; in all cases, boards must send PERAC written notice of their vote(s) and legislative approval status within 120 days of voting.

PERAC Memo #37/2005 requests that boards update their disability retiree records for 2005—reflecting deaths, nursing home confinement, waived allowances, returns to active status, or address changes—and complete the enclosed "New Member Data" form for all disability retirements approved during the year. Boards must return this information to PERAC by January 13, 2006, to ensure accurate data before the 2005 Annual Statements of Earned Income are mailed; the memo also notes that disability allowances are now terminated (not merely suspended) for non-compliance, and that retirees will be assigned a PERAC reference number in place of their Social Security number for security purposes.

This memo reminds boards of the G.L. c. 32, §91 post-retirement earnings limitations (960-hour annual cap and salary offset rules) applicable to all superannuation and disability retirees working in public sector positions, including through consultant/independent contractor arrangements or paid details. Boards should note that, per Flanagan v. CRAB, they have authority—and a duty—to recoup over-earnings themselves if hiring public entities fail to enforce §91, and while PERAC will flag disability retirees' public employment found through the §91A process, boards remain responsible for enforcement; boards may also wish to circulate this memo to municipal treasurers, who share compliance responsibility.

This memo announces that PERAC has mailed the 2003 Annual Statement of Earned Income (91A) forms directly to disability retirees, with instructions, and that completed forms with all tax documents must be returned to PERAC by April 15, 2004 (mail or hand delivery only—no faxes). Boards should only provide duplicate forms in extreme circumstances (e.g., lost or never-received originals), ensuring member information is properly entered, and may direct members to the accompanying Earned Income Worksheet (also on PERAC's website) to help calculate allowable earnings while on disability.

This memo reports the SJC's decision affirming PERAC's definition of "earned income" under G.L. c. 32, §91A, confirming that distributions from a closely held corporation constitute earned income when a disability retiree contributes labor, management, or supervision to their production. The Court also upheld PERAC's authority to issue such interpretive guidance without formal rulemaking and confirmed PERAC's statutory power under §21(4) to review and reverse local board determinations. Boards should continue applying PERAC's established §91A earned income standard (per Memo #64/1998) when evaluating disability retirees' outside earnings, understanding that PERAC's determinations on such matters are legally enforceable.

This memo reminds governmental units of the post-retirement earnings and hours restrictions under G.L. c. 32, §91, which caps public-sector retiree employment at 960 hours per calendar year and limits combined salary plus pension to no more than the current salary of the position from which they retired; disability retirees are additionally subject to §91A. Boards should note that these limits apply regardless of job title (e.g., "consultant" or "independent contractor"), apply across all public employers, and cannot be circumvented through corporate formation or detail billing arrangements. While treasurers and retirees bear primary compliance responsibility, boards should be prepared to advise employers on proper application of the statute and monitor for potential violations.

This memo notifies boards of a legislative change (effective 90 days after signature) broadening the definition of "veteran" under G.L. c. 32, §§4(1)(h) and 5(2)(b): members of the Army, Navy, Air Force, Marines, or Coast Guard with at least 180 days active duty under honorable conditions now qualify without wartime service (with the 180-day requirement waived for service-connected disability or death in service), and full-time (activated) National Guard members with at least 90 days duty and one day of wartime service also qualify. Boards should apply this expanded definition going forward when evaluating military buyback and veteran's bonus eligibility, continue calculating National Guard service purchases at the existing five-years-to-one-year ratio, and continue requiring DD214 forms to verify service; PERAC will issue a revised Notice of Potential Benefits form shortly.

This memo notifies boards that have accepted the supplemental dependent allowance under G.L. c. 32 §7(2)(a)(iii) (or §22D) of the updated annual COLA-adjusted allowance amount—$611.28 per eligible child—effective July 1, 2004. Boards that have adopted this provision must apply the new rate when paying supplemental dependent allowances to accidental disability retirees; questions should be directed to PERAC's actuary, Jim Lamenzo.

This memo notifies boards that Governor Romney vetoed Senate Bill 1576, which would have established a local-option annual veterans benefit ($15/year of service, up to $300) for accidental disability retirees, with retroactive effect and board notification requirements. No board action is required at this time; PERAC will issue further guidance only if the Legislature overrides the veto.

This memo requests that boards review PERAC's disability retiree list and update any 2004 status changes (deaths, nursing home confinement, waived allowances, return to active status, address changes), noting that failure to report such changes is now more critical since non-compliance results in termination rather than suspension of benefits. Boards must also complete the New Member Data form for all disability retirees approved in 2004 and return all updates to PERAC by January 21, 2005, so the database is accurate before the Annual Statements of Earned Income are mailed.

This memo outlines the termination retirement allowances available under G.L. c. 32, §10(1) and §10(2)(a), explaining eligibility criteria (e.g., 20+ years of service with involuntary separation, or 30+ years with resignation before age 55) and how allowances are calculated, including age-factor reductions and Group 2/4 special provisions. It also reiterates PERAC's mandatory review and certification process (per §21(1)(d)) for all termination retirement allowance grants, requiring boards to submit the Employer's Certification and Termination Retirement Transmittal forms (from Memo #33/2002) with each application, which PERAC will act on within 30 days.

This memo notifies boards that PERAC reviewed its authorization forms in light of HIPAA, clarifying that while PERAC and retirement boards are not "covered entities" under HIPAA, they must still use proper signed authorizations to obtain medical information from covered entities (hospitals, physicians, etc.). Boards should adopt and use the enclosed revised authorization form when requesting or sharing medical information for disability and other case processing under G.L. c. 32, §§ 6, 7, and 8, to avoid delays in obtaining records.

This memo notifies boards that have accepted the supplemental dependent allowance under G.L. c. 32 §7(2)(a)(iii) (or via §22D) of the updated annual COLA rate—$593.52 per eligible child—effective July 1, 2003. Boards that have accepted these provisions must apply this new amount when calculating supplemental allowances for eligible dependents of accidental disability retirees; no other action is required unless questions arise, in which case boards should contact PERAC's actuary.

This memo announces the revision of nine PERAC general membership and disability forms and the introduction of two new ones (a Beneficiary Change Form for Option B deaths after retirement, and a Pre-Tax Rollover Acknowledgement Form). Boards should begin using the attached paper versions immediately, pending posting of fillable online templates on PERAC's website within two weeks. Notably, members retiring or withdrawing accumulated deductions, along with employers, must now supply additional information to help boards apply G.L. c. 32, §15.

This memo requests that retirement boards update PERAC's disability retiree database by reviewing an attached list and reporting any 2003 status changes (death, nursing home confinement, waiver of allowance, return to active status, or address change). Boards must also complete and submit the enclosed New Member Data form for all disability retirees approved in 2003, with all information due to PERAC by January 16, 2004, to ensure accuracy before Annual Statements of Earned Income are mailed.

This memo addresses recurring errors in Social Security Numbers on Disability Transmittals submitted to PERAC. Boards should verify that the applicant's correct SSN is used and is consistent across all three pages of the transmittal, and for accidental death benefit applications, must use only the deceased member/retiree's SSN—not the surviving spouse's.

This memo reminds retirement boards of their legal obligation to protect the confidentiality of medical records collected during disability retirement processing, noting such records are exempt from public disclosure under G.L. c. 66, §10 and c. 4, §7(c) and may only be released with a signed authorization, court order, or as otherwise required by law. Boards should take concrete safeguarding measures—locking records, destroying excess copies, restricting discussions to secure areas, and considering confidentiality agreements for members and staff—and may consult PERAC Legal staff with questions.

PERAC's memo transmits the Local Experience Study Analysis, prepared by Actuary Jim Lamenzo, which reviewed actual local retirement system experience against actuarial assumptions—finding disability, mortality, and salary increase rates lower than assumed and withdrawal rates higher, resulting in slightly lower overall costs under the revised assumptions. No immediate action is required of boards beyond reviewing the enclosed copies, as the topic will be further discussed at PERAC's summer educational seminar at UMass; additional copies can be requested from Lindsay Deaver.

This memo announces FY2003 statutory amendments to G.L. c. 32, §§ 10(2) and 21(1)(d), effective July 1, 2002, requiring employers to certify under penalty of perjury the basis for a member's termination retirement, and requiring PERAC to review all board grants of such retirements (applying the same standard used for disability retirement reviews, with a 30-day action window). Boards must immediately begin using the two enclosed forms—the employer certification form and the PERAC submission form—for all termination retirement applications with effective dates on or after July 1, 2002, and must submit these applications to PERAC for review before finalizing grants.

Memorandum #34/2002 notifies boards that have accepted the supplemental dependent allowance under G.L. c. 32 §7(2)(a)(iii) (or §22D, which is deemed to include acceptance) that the annual per-child allowance for eligible dependents of accidental disability retirees increases to $576.24, effective July 1, 2002. Boards that have adopted this provision must update their payment amounts accordingly; boards that have not accepted §7(2)(a)(iii)/§22D are not affected.

This memo notifies boards that, effective January 1, 2003 through December 31, 2003, the per-copy price of PERAC's three public employee retirement guides (Retirement Guide, Disability Retirement Guide, Survivor Benefits Guide) will increase from $.77 to $1.00, with pricing subject to change afterward. It outlines three ways to obtain guides—free download, in-person purchase at Room P-11, or mail order through Central Reprographics (with listed shipping/handling costs)—but requires no action from boards beyond following the updated ordering procedures if they wish to purchase copies.

This memo announces PERAC's revised Presumption Guidelines and Certificates for Heart, Lung, and Cancer Law disability cases, effective November 1, 2002, developed with PERAC's medical consultant to help physicians better understand the rebuttable presumption standard and their evaluation responsibilities. Boards should begin using the updated materials for all relevant disability applications from that date forward and may direct any comments to PERAC.

This memo requests that boards update PERAC's disability retiree database by reviewing an attached list and reporting any 2002 status changes (death, nursing home confinement, waiver of allowance, or return to active status). Boards must also complete and submit a New Member Data form for each new accidental or ordinary disability retiree approved in 2002, with all information due to PERAC by January 10, 2003, to ensure accuracy before the Annual Statements of Earned Income are mailed.

This memo follows up on the EEOC v. Commonwealth settlement regarding age-based denials of accidental disability retirement, confirming that boards should have completed sending Potentially Eligible Individuals lists to PERAC and notification letters to affected individuals. Boards must now: retain a signed affidavit confirming letters were sent (with a copy kept on file); vote on regional medical panel requests for settlement applications after reviewing medical proof and the applicant's signed Affidavit explaining late filing (unless the applicant previously applied and was denied due to age); and mark any Request for Appointment of a Regional Medical Panel as "EEOC Settlement," attaching the Affidavit and providing applicants a copy.

This memo announces PERAC's annual determination under 840 CMR 10:10(3) and 10:15(4) regarding costs for non-invasive medical tests ordered by regional medical panels. For 2001, the Commission maintained the existing fee schedule, capping assumed costs at $200 per panel for both disability retirement and restoration-to-service examinations, with any excess requiring the Executive Director's approval. Boards need not take action but should be aware of this cap when processing panel-related test costs.

PERAC Memo #28/2001 provides guidelines for retirement boards on how to handle back pay awards resulting from Civil Service Commission or court-ordered settlements involving wrongful termination or failure to reinstate an employee. It outlines a five-step process boards must follow: determining the covered period and creditable service, calculating the regular compensation the member would have earned, accounting for any mitigation earnings, requiring repayment of any retirement allowance received during the award period, and collecting retirement contributions on the full regular compensation amount. Boards should apply these steps when evaluating such settlements, though the memo is guidance only and does not endorse the settlements themselves.

This memo sets a July 10, 2001 deadline for all retirement boards to submit mandatory status reports directly to the EEOC regarding the EEOC v. Commonwealth of Massachusetts settlement, regardless of whether any applications were received. Boards must send: (1) an affidavit confirming letters were sent to potentially eligible individuals with a copy of the letter, and (2) either a spreadsheet detailing any applicants' status (approvals, denials, medical panel scheduling) or a letter confirming no applicants. Boards with applicants must file an additional follow-up report three months after July 10, 2001.

PERAC Memo #30/2001 transmits the 2000 Annual Report for the Massachusetts Contributory Retirement Systems, covering system organization/administration, disability retiree return-to-service statistics, and investment managers/consultants by board. It notes that despite market declines in 2000, diversified asset allocation helped systems weather volatility. No specific action is required of boards beyond reviewing the report and directing questions on financial data to Robert Dennis or Jim Lamenzo, or other inquiries to Frank Valeri.

PERAC #35/2001 announces Fall training classes on processing disability retirement and accidental death applications, to be held in Somerville, Lawrence, Plymouth, Framingham, and Northampton. The training is aimed primarily at board staff handling these applications, though administrators and board members may also attend. Boards should complete and submit the attached registration form promptly (ideally at least a week before a session) to secure seats, as enrollment is limited and first-come, first-served, and should notify PERAC if a registered attendee cannot attend.

PERAC Memo #43/2001 requests that boards update PERAC's disability retiree database by reviewing an attached list and reporting any 2001 status changes (death, nursing home confinement, waiver of allowance, or return to active status). Boards must also complete and submit the enclosed New Member Data form for all disability retirees (ordinary or accidental) approved in 2001, with all information returned to PERAC by January 9, 2002, to ensure accuracy before the Annual Statements of Earned Income are mailed.

This memo notifies boards that, following approval of the FY2002 state budget, systems that have accepted the supplemental dependent allowance under G.L. c. 32 §7(2)(a)(iii) (or §22D) must pay an increased annual allowance of $559.44 per eligible child, retroactive to July 1, 2001. Boards that have accepted these provisions should ensure accidental disability retirees with eligible dependent children receive the updated amount, including any retroactive adjustment.

PERAC Memo #8/2000 clarifies the use of newly posted templates for disability forms (available on PERAC's website, not to be emailed for confidentiality reasons), explains completion details for medical release forms and the 5-year record request period, and confirms that "Basis of Claimed Disability" information comes from the physician, not the board. It also announces a streamlined Section 8 CME/Restoration-to-Service process: boards should complete and return the "Current Information on Members Retired for Disability" form for selected retirees and flag any circumstances affecting timing, but should **not** submit full disability files or prior re-examination records unless specifically requested by the PERAC case manager.

This memo notifies boards of a federal court's permanent injunction barring enforcement of G.L. c. 32, §7(1) age limitations on accidental disability retirement applications for most public employees, though these age limits remain enforceable for firefighters, municipal police officers, elected officials, their chosen personal staff, policy-making appointees/legal advisors, and state court judges. Boards must immediately stop denying accidental disability applications from covered members solely due to exceeding maximum age or the "three-year prior to two years before maximum age" hazard timing rule, and should anticipate future PERAC guidance requiring them to identify and retroactively process affected individuals once remedies are finalized.

PERAC Memo #20/2000 summarizes the SJC's decision in Richard v. Worcester Retirement Board, which held that an employee injured while commuting from home directly to an assigned off-site work location (rather than her regular office) was not "in the performance of her duties" for accidental disability retirement purposes, since such travel was part of her normal routine at the start of the day, consistent with the Namvar precedent. Boards should note the distinction the Court drew between ordinary commuting to a first assignment versus travel between job sites or from a regular office to another site, and should ensure they conduct thorough factual inquiries and issue detailed findings when evaluating similar accidental disability applications involving travel.

This memo addresses the EEOC v. Commonwealth settlement, which requires that the maximum age limits under G.L. c.32, §7(1) for accidental disability retirement no longer be enforced against most members. Boards must promptly notify all active members of this change—either by printing the specified notice on payroll/direct deposit stubs or by mailing it directly—and must retain proof of delivery, as certification of notice may later be required. Further guidance on processing retroactive benefit claims will follow in a future memo.

This memo addresses the requirement that all disability retirement applications—whether filed by the member or involuntarily by the employer—include a complete listing of every physician who has treated or evaluated the applicant, as specified on page 10 of the Member's Application form. Boards must ensure this information is thorough and accurate, and for involuntary applications, should proactively review medical records, Workers' Compensation files, and personnel files to identify all relevant physicians, since incomplete disclosure can result in conflicted medical panel appointments and costly rescheduling delays.

PERAC Memo #24/2000 transmits the 15th annual PERAC report on the Massachusetts Contributory Retirement Systems for calendar year 1999, covering financial, investment, actuarial, and administrative data for each system, along with new disability retiree return-to-service statistics and a roster of investment managers/consultants by board. No specific action is required of boards; the memo is informational, and boards should direct financial/actuarial questions to Robert Dennis or Jim Lamenzo, and other questions to Frank Valeri.

PERAC Memo #27/2000 announces the Governor's signing of Chapter 123 of the Acts of 2000 (effective September 28, 2000), which removes age limitations in G.L. c. 32 that violated the federal ADEA/OWBPA. Key changes eliminate the maximum age concept for non-public safety employees, remove age restrictions on return of accumulated deductions, Section 10 allowances, and ordinary disability retirement applications. Boards should review these changes and update their administrative practices accordingly, as no member will face age-based denial of these benefits (except public safety employees, who retain maximum age provisions).

PERAC Memo #30/2000 clarifies that survivor pension benefits granted under G.L. c. 32, §100 (for spouses of firefighters, police officers, or corrections officers killed in the line of duty) constitute accidental death benefits and therefore fall under PERAC's review authority per §21(4), notwithstanding language stating the section is "administered by" the local board. Boards must submit all Section 100 benefit approvals to PERAC for review before finalizing them, as they would with other accidental death benefit determinations.

PERAC Memo #34/2000 explains FY2001 budget amendments to G.L. c. 32 that (1) eliminate the "remarriage penalty," so surviving spouses under §§ 9, 12(2)(d), 100, and 101 no longer lose or have reduced benefits upon remarriage, effective July 1, 2000, and (2) increase the §12(2)(d) death benefit to the full Option C allowance the member would have received had they retired on their date of death, applicable to applications filed after February 1, 2000. Boards must reinstate or recalculate any allowances terminated/reduced due to remarriage on or after July 1, 2000, and recalculate any §12(2)(d) applications filed on or after February 1, 2000 to reflect the enhanced Option C benefit; no action is required for benefits terminated or reduced before those dates.

This memo notifies boards that have accepted G.L. c. 32 §7(2)(a)(iii) (or §22D, which deems acceptance) that the annual supplemental dependent allowance for eligible children of accidental disability retirees increases to $543.12 per child, effective July 1, 2000. Boards subject to this provision must update payments accordingly to reflect this COLA-adjusted amount; questions should be directed to PERAC actuary Jim Lamenzo.

PERAC Memo #40/2000 directs retirement boards to implement the EEOC v. Commonwealth settlement addressing age discrimination found in the former accidental disability retirement provisions of G.L. c. 32, §7(1) (the maximum age limits and "3/2" rule). Boards must search records to identify all individuals who, since October 16, 1992, began receiving a superannuation allowance, received a refund of contributions, or ceased contributing but retained funds on deposit, compile a list of these "potentially eligible individuals" (with limited allowable exclusions), and submit the list(s) to PERAC by November 4, 2000; boards excluding certain individuals must also prepare and submit a separate "excluded list" with supporting details for EEOC review.

PERAC Memo #41/2000 announces fall workshops (in Somerville, Plymouth, and Northampton) to train retirement board administrators on implementing the EEOC v. Commonwealth settlement regarding age-discriminatory provisions of G.L. c. 32, §7(1) accidental disability retirement. Boards should register administrators to attend one of these sessions, which will cover identifying and contacting potentially eligible members, processing applications/benefits, health insurance, and EEOC reporting. Boards must also meet the November 4, 2000 deadline for submitting their list of "potentially eligible individuals."

PERAC Memo #42/2000 announces a new "FRAUD, It is a Big Deal" poster campaign promoting the Commission's toll-free disability pension fraud hotline (1-800-445-3266), as required under Chapter 427, § 10 of the Acts of 1996. Boards are asked to display the enclosed posters prominently in their offices and to make the enclosed "Referral Report of Potential Fraud" form available to staff and the public for reporting suspected fraud, making additional copies as needed.

PERAC Memo #44/2000 corrects a distribution issue with the double-sided Affidavit of Eligibility form (Attachment B to Memo #40/2000) related to the EEOC v. Commonwealth settlement on retroactive accidental disability retirement benefits, as some boards had only received one side of the form. Boards should note the enclosed complete double-sided copy and, going forward, ensure that any applicant who completes and returns the form receives a photocopy of both sides for their own records.

PERAC Memo #45/2000 announces that revised regulations (840 CMR 6.00, 7.00, 9.00, 10.00, 11.00, and 12.00) covering disclosure of information, board elections, approval of board decisions, disability retirement, and service after age 65/70 are now finalized and effective. Boards must immediately begin following these regulations and should distribute copies to each board member; updated forms will follow once completed.

PERAC Memo #11/1999 announces a series of three-hour Disability Retirement Review sessions in February/March 1999 to educate boards on the Disability Retirement Regulations (840 CMR 10.00), Disability Unit procedures, and newly revised forms. Boards must ensure that staff responsible for counseling and processing disability applications attend their assigned session (with board members welcome but encouraged instead to attend the broader spring Public Pension Administration Seminar), and should respond promptly to confirm attendance or request a schedule change.

PERAC Memo #21/1999 addresses a Reviewing Board (DIA) decision reinforcing that retirement boards—not just members—bear ultimate responsibility under G.L. c. 32, §§14(2)(c) and 14A for pursuing Workers' Compensation claims and third-party civil suits when disability applicants fail to do so themselves. Boards are directed to review their internal procedures to ensure they are actively prosecuting such claims and suits on behalf of members who neglect to do so, and to consult board counsel for guidance in implementing this mandatory duty.

PERAC Memo #25/1999 announces a new series of training classes for retirement board members and administrators, beginning August 24, 1999, covering legal and investment topics (with actuarial, accounting, and disability-related classes to follow in the fall), offered at PERAC's office as well as in Worcester, Plymouth, and Northampton. Boards should have interested members/staff complete the enclosed PERAC Class Registration form to reserve a seat, as enrollment is first-come, first-served and capacity is limited.

PERAC Memo #29/1999 transmits a revised Disability Retirement Manual and accompanying forms, replacing the earlier draft materials distributed after the spring 1999 training sessions. Boards must discard the old draft binder contents and all outdated blank disability forms, insert the new materials/appendixes as directed, and begin using the new forms (with board address labels affixed) immediately—using the new Application, Glossary, Employer's Statement, and Physician's Statement for applications initiated on or after October 1, 1999, and the revised transmittal/notice forms for in-progress cases as of that date. PERAC will not process any older-version forms completed after October 1, 1999.

This memo clarifies the operation of G.L. c. 32, §§ 90A, C and D, which allow municipalities, districts, or MassPort to grant annual retirement allowance increases (up to 50% of current salary) to eligible retirees—accidental disability retirees under §90A, and superannuation/ordinary disability retirees with 25+ years of employment under §90C/§90D, respectively. It explains that acceptance and annual approval rest solely with the local governing body (not the retirement board), and importantly notes a policy change: due to revisions to G.L. c. 32, §102, retirees may now receive both a COLA and a §90A/C/D increase in the same year, reversing the prior rule limiting them to the larger of the two. Boards should administer benefits accordingly, recognizing that increases become a permanent part of the base allowance and that future COLAs will be calculated on the increased amount, with costs borne by the granting entity.

PERAC Memo #34/1999 clarifies proper completion of the "Job Title/Group" and "Employer" fields on the new "Request for Appointment" form used in the disability retirement process. Boards should ensure the Job Title/Group field lists the retiree's functional title and group classification, and the Employer field identifies both the department head's name and the employing agency, following the provided example. No other action is required beyond correcting how these fields are filled in going forward.

PERAC Memo #36/1999 transmits the 14th Annual Report on the Massachusetts Contributory Retirement Systems for the year ending December 31, 1998, covering financial condition, investment performance, board contact information, membership and disability statistics, and Y2K readiness. The memo is informational only and requires no action by retirement boards, though administrators may direct financial or investment questions to PERAC's Investment Director or Actuary, and other inquiries to Frank Valeri.

PERAC Memo #38/1999 reminds boards that the disability forms revised and distributed in August 1999 (Application for Disability Retirement, Glossary of Terms, Employer's Statement, Physician's Statement, Request for Appointment, Transmittal of Background Information, Disability Transmittal, and Notice of Retirement Board Action) become mandatory as of October 1, 1999. Boards must discard all old blank disability forms and use only the new versions going forward, since PERAC will not process older forms completed after that date (except where an older form was already completed prior to the deadline).

PERAC Memo #39/1999 announces new training sessions for retirement board members and administrators, covering valuation overviews, use of e-mail/IT resources, and updates on disability forms/issues. Sessions will be held at multiple locations in November and December 1999, with a follow-up January 2000 class on accounting and annual statement preparation. Boards should complete and submit the attached PERAC Class Registration Form promptly, as seating is limited and assigned on a first-come, first-served basis.

This memo announces two updates boards must incorporate: (1) a revised Page One of the Employer's Statement for disability retirement applications, adding a field to describe the basis of the member's disability—boards should begin using this updated form immediately and replace the corresponding pages in their disability process manual and master copy folder; and (2) a corrected Benefit Rate Chart and revised calculation example (correcting an error affecting case #9) for the Massachusetts Public Employee Retirement Guide, which boards should insert to replace the erroneous materials.

This memo requests final Year 2000 (Y2K) readiness verification from retirement boards, including documentation of both internal system compliance and confirmation from key business partners (municipalities, custodial banks, investment managers, and payroll/service providers). Boards must complete and return the Retirement Board Application Matrix and submit any Y2K Readiness Disclosure letters not previously provided, to Paul Laliberte at PERAC by November 15, 1999.

PERAC Memo #45/1999 requests that retirement boards review and update disability retiree data (deaths, nursing home status, waived allowances, returns to active service) as of December 31, 1999, and submit information on any new accidental or ordinary disability retirees approved during 1999, using the enclosed form. Boards must return all updates to PERAC by January 14, 2000, so that Annual Statements of Earned Income can be mailed timely to disabled retirees, who must return completed statements to PERAC by April 15, 2000, or risk cessation of benefits under G.L. c. 32, §91A.

PERAC Memo #50/1999 notifies retirement boards that have accepted the supplemental dependent allowance under G.L. c. 32, §7(2)(a)(iii) (or §22D, which is deemed to include acceptance of §7(2)(a)(iii)) of the updated annual COLA-adjusted allowance amount of $527.28 per eligible child, effective July 1, 1999. Boards that have accepted these provisions must apply this new amount when calculating supplemental dependent allowances for accidental disability retirees; no further action is required beyond implementing the updated figure.

This memo announces that PERAC's Retirement Guide, Disability Retirement Guide, and Survivor Benefits Guide are now available on PERAC's website, allowing boards to print copies as needed rather than requesting them from PERAC. Boards are encouraged (though not required) to notify member personnel offices of the guides' availability and to use the website as a resource for keeping members informed of up-to-date retirement information.

PERAC Memo #11/1998 forwards to boards copies of the 1997 Annual Statement of Earned Income materials—instructions, the statement form, and a Q&A—that were mailed directly to members retired for ordinary or accidental disability. Boards should keep these materials on hand to assist retirees who have questions, and should direct requests for additional or replacement copies to Sandra Jones at PERAC; no other action is required, and the materials are also available on PERAC's website.

PERAC Memo #13/1998 transmits proposed regulations (840 CMR 10.00) establishing standard rules and procedures for disability retirement proceedings, including applications, medical panel examinations, hearings, rehabilitation, and modification of allowances. Boards are encouraged to review the draft regulations and may attend one of three scheduled public hearings (April 2, 6, or 9, 1998) to comment; written comments will also be accepted through April 20, 1998, but no immediate compliance action is required until final regulations are issued.

PERAC Memo #16/1998 announces revised certificates, forms, and informational packages for the disability retirement application process, restoration-to-service procedures, and a new comprehensive medical evaluation/rehabilitation process for disabled members. Boards do not need to take immediate action but should familiarize themselves with the enclosed sample materials (Regional Medical Panel folder, Restoration to Service folder, and Comprehensive Medical Evaluation physician/member folders), as these updated forms will now be used in disability-related proceedings. PERAC also notes that forms for disability applications filed by retirees, employers, and treating physicians are still under revision, with further updates to follow.

PERAC Memo #25/1998 revises prior guidance and, citing the Appeals Court decision in Leal v. CRAB, now permits members to file simultaneous applications for Accidental Disability, Ordinary Disability, and Superannuation retirement. Boards should pay benefits under the first approved retirement type until/unless a subsequent application is approved, and must clearly explain to members that offsets (e.g., against Workers' Compensation) upon later approval of a different benefit could result in the member owing a refund to the system.

This memo urges retirement boards to press their local legislators to pass H.5020, which would clarify and formalize the Early Intervention Program before its July 1, 1998 implementation deadline. Without this legislation, boards implementing the program using retirement trust funds could be committing a fiduciary breach, since trust assets cannot be used for active-employee benefits or unrelated activities. Boards are asked to have their members contact legislators urging favorable action, using the talking points provided, given the bill's expected review by the House Ways and Means Committee.

This memo simply provides an updated PERAC staff directory with new telephone extensions following the agency's conversion to a new telecommunications system. No action is required by retirement boards other than updating their records with the new contact information for future reference when reaching PERAC staff.

PERAC Memo #37/1998 notifies retirement boards that have accepted G.L. c. 32, §7(2)(a)(iii) (or §22D, which deems acceptance of this provision) of the updated COLA amount for the supplemental dependent allowance paid to accidental disability retirees. Effective July 1, 1998, boards must pay $511.92 annually for each eligible child. Boards subject to these provisions should ensure payroll/benefit systems reflect this updated rate; questions should be directed to PERAC actuary Jim Lamenzo.

PERAC Memo #38/1998 summarizes Chapter 252 of the Acts of 1998, which revised M.G.L. c. 32, §5B governing Early Intervention Plans for injured public employees. Under the amended law, retirement boards' sole responsibility is to appoint a non-board-member designee to serve on the employer's Early Intervention Team when one is assembled; boards should cooperate in this appointment but should not devote further resources, funding, or administrative support to the organization or operation of these plans, as that responsibility now rests with the employer.

This memo (a follow-up to Memo #38/1998) clarifies implementation of Chapter 252's Early Intervention Plan provisions, effective November 5, 1998. Boards should stop expending resources on early intervention plans since none have been approved, and should forward any completed plans to employers for potential use; note that retirement board members (though not staff) are barred from serving as team designees, employers bear all associated costs, and confidential medical information gathered by the team is restricted from employment-related use (though members may use it to support disability applications). The memo also notes that the mandatory neutral medical doctor requirement under G.L. c. 32, §20(5)(d) has been eliminated, though boards may still designate one if desired.

PERAC Memo #43/1998 transmits the final, revised Disability Regulations (840 CMR 10.00), which took effect following six regional public hearings. Boards must distribute copies to each board member and immediately begin applying these regulations to all aspects of disability applications and restoration-to-service determinations.

This memo announces PERAC's establishment of a toll-free Disability Pension Fraud Hotline (1-800-445-3266), created under C.427, §10 of the Acts of 1996, to help prevent and investigate fraudulent disability pension claims. Boards are asked to display the enclosed "it adds up" posters prominently in their offices and to make the "Referral Report of Potential Fraud" form available to staff and the public for reporting suspected fraud to PERAC's Fraud Unit.

PERAC Memo #49/1998 announces that PERAC's Disability Unit will begin conducting G.L. c. 32, §8 evaluations of disability retirees to determine their ability to return to work, using a quarterly Selection List identifying retirees due for review (annually for the first two years, then every three years, or upon request/substantial earnings). Boards should expect quarterly Selection Lists with accompanying instructions and must ensure identified members participate in the scheduled PERAC evaluations; questions can be directed to the Disability Unit.

This memo requests that retirement boards review PERAC's existing disability retiree data (attached list) and update it with any status changes—deaths, nursing home residency, waived allowances, or returns to active service—and add newly approved 1997 accidental/ordinary disability retirees with full identifying and benefit information. Boards must return this updated information to PERAC by January 15, 1999, so that Annual Statements of Earned Income (due from members by April 15, 1999) can be mailed on schedule; PERAC will handle the direct mailing to retirees and will notify boards only if a member fails to comply, triggering potential cessation of benefits under G.L. c. 32, §91A.

PERAC Memo #61/1998 clarifies that retirement boards must continue processing accidental disability applications normally, even when an employer's early intervention team (required under Chapter 252 of the Acts of 1998 for members out of work over 30 days due to job-related injury) has not yet acted. Boards' involvement is limited to appointing a member to the early intervention team upon employer request; no action is required to delay or halt disability processing unless the member fails to participate in the team's assessment or rehabilitation plan, which would constitute a waiver of disability retirement rights.

PERAC Memo #64/1998 clarifies that "earned income" under G.L. c. 32, §91A—used to determine whether a disability retiree is over-earning—is not statutorily defined but is interpreted by PERAC to include profits from operating a business through the retiree's own labor, management, or supervision, regardless of how such income is characterized for tax purposes (e.g., as dividends). Boards should apply this substance-over-form standard when evaluating disability retirees' earnings for §91A compliance, rather than relying solely on the retiree's tax classification of income. No further action beyond this clarified interpretation is required.

PERAC Memo #3/1997 transmits an outline detailing the new duties assigned to retirement boards and to PERAC under the pension reform legislation (Ch. 306 of 1996, as amended by Ch. 427 of 1996), covering early intervention programs for injured members, designation of neutral medical examiners under §20(5), and rehabilitation evaluation/re-examination requirements for disability retirees under §8. Boards should review the outline to understand their specific responsibilities and deadlines—including establishing early intervention plans by March 15, 1997, and implementing them by July 1, 1997—and prepare to coordinate with PERAC accordingly. No immediate filing is required beyond familiarization, but boards must begin planning for these expanded compliance obligations.

This memo transmits PERAC's Early Intervention Program guidelines, required under Chapter 306 legislation, and notes the revised implementation timeline (programs operational by July 1, 1997). Boards must develop, in consultation with local officials and union representatives, a general plan addressing employee assistance, safety education, hazard elimination, and accommodation of injured employees, along with a detailed risk management/workplace safety report; this plan with cost projections was due to PERAC by March 15, 1997 for approval before PERAC's required filing with legislative committees on March 19, 1997.

This memo addresses implementation of amended G.L. c. 32, §8, which shifts authority for re-examination determinations of disability retirees to PERAC after consultation with retirement boards, a process still being developed. Until PERAC finalizes its guidelines, boards must continue processing retiree-initiated re-examination requests as before: reviewing medical documentation of a changed condition, determining whether a single physician or three-member panel exam is warranted, and submitting a completed Request for Medical Re-Examination Form (10-18-792)—listing all treating/examining physicians and the retiree's current contact information—to PERAC.

This memo clarifies that the amendment allowing accidental disability retirees to select Option C does not affect the separate accidental death benefit provisions under G.L. c. 32, §9. If an accidental disability retiree dies as a natural and proximate result of the original injury, both an accidental death benefit (payable to the beneficiary determined under §9(2)) and the Option C benefit (payable to the retiree's designated Option C beneficiary) may be due—these are independent entitlements. Boards do not need to take specific action but should apply both provisions correctly when processing death benefits for accidental disability retirees who selected Option C.

This memo clarifies the process for retirement boards designating neutral medical physicians under G.L. c. 32, §20(5)(d), pending PERAC's issuance of final regulations. Boards have discretion on when to appoint a neutral physician during an application review, but must ensure the physician has relevant specialty training/experience, cannot vote or substitute for the medical panel's certification, and must be excluded from serving on the regional medical panel for that same case—requiring boards to list any involved neutral physician's name on medical panel request forms.

This memo summarizes the Appeals Court's decision in *City of Lynn v. Labor Relations Commission*, which held that a department head may file an application for involuntary superannuation retirement under G.L. c. 32, §16(1) on behalf of an employee even while that member's accidental disability retirement appeal is pending before CRAB. The Court ruled this authority is a specific statutory mandate not subject to collective bargaining, reversing the Labor Relations Commission's contrary finding. No action is required of boards, though they may wish to share the decision with relevant personnel officers and department heads.

PERAC Memo #34/1997 updates boards on its ongoing review of Section 91A earnings limits for disability retirees, noting that follow-up letters and 1996 Annual Statement of Earnings forms have been sent directly to affected members (those with excess earnings or requiring further information), due back to PERAC by October 20, 1997. No board action is required at this time; PERAC will separately notify boards of any members found to exceed earnings limits and instruct on next steps.

PERAC Memo #36/1997 clarifies that under G.L. c. 32, §8(2)(b), a disability retiree who is reinstated to active service is entitled to have restored the creditable service accrued prior to disability retirement, plus receive creditable service for the period during which he or she received a disability allowance—without having to make up member contributions for that period. The memo notes this guidance is limited to creditable service and does not address civil service seniority rights. Boards should apply this creditable service treatment when processing reinstatements of disability retirees but need not take any further action beyond ensuring compliance with this interpretation.

PERAC Memo #38/1997 establishes Commission-approved guidelines allowing a voluntary disability retirement applicant to be evaluated by a regional medical panel through review of records rather than an in-person exam, provided specific criteria are met (e.g., application on file 15+ days, member resides more than 150 miles from Boston, written waivers from both member and employer, and physician documentation supporting the inability to travel). Boards seeking this option must submit a modified Request for Regional Medical Panel (Form 10-19-792) marked as a records review, along with the Statement of Applicant's Physician (Form 10-2-792) and supporting documentation for each guideline item, and must still forward complete medical records to the panel physicians as they would for an in-person exam.

This memo notifies boards that PERAC's Massachusetts Public Employee Retirement Guide is now available on PERAC's website (in both HTML and PDF formats), with a hard copy PDF enclosed, and that the Disability Retirement and Survivor Benefits guides will be posted online within two weeks. No action is required of boards other than awareness that PERAC will notify them of any future content updates, and that printed pamphlet versions of all three guides are planned for later release.

PERAC Memo #43/1997 announces that the Guide to Disability Retirement for Public Employees and the Guide to Survivor Benefits for Public Employees have been added to PERAC's website, available in both html and pdf formats, with hard copies enclosed. No board action is required; boards should note that PERAC will notify them of any future content changes to these guides.

PERAC Memo #45/1997 transmits draft regulations (840 CMR 10.00) establishing standard, uniform rules and procedures governing ordinary and accidental disability retirement proceedings, medical panel examinations, re-examinations, rehabilitation, and related matters. Boards are not required to take formal action at this stage, but are encouraged to attend one of three MPPAC input sessions (Plymouth, Worcester, or Boston in December 1997/January 1998) to review the draft and provide comments before the regulations are finalized.

840 CMR 9.00 requires all retirement board decisions granting retirement applications to be approved by PERAC before being communicated to members or beneficiaries. Disability retirement decisions must be submitted to PERAC for approval within 30 days, while all other retirement decisions require approval within 90 days. The regulation specifies the documentation that must accompany each type of retirement decision—superannuation, disability, accidental death, and veteran's benefits. Boards may use PERAC-approved automated benefit calculation systems, which are deemed pre-approved and do not require individual submission to PERAC for each calculation.

840 CMR 10.00 is the comprehensive standard rule governing all disability retirement proceedings before Massachusetts retirement boards, effective for proceedings commenced after January 1, 2016. It covers ordinary and accidental disability retirement applications, proceedings for restoration to active service, modification of disability retirement allowances, medical panel examinations, re-examination and rehabilitation of disability retirees, and annual earnings reporting under M.G.L. c. 32, § 91A. The regulation establishes procedural rights for applicants including representation by counsel, the right to submit evidence, and appeal procedures. Medical panels play a central role, conducting independent examinations and issuing certificates that boards must follow unless specific grounds for departure exist.