103 Mass. Reg. 405.06

Current through Register 1523, June 7, 2024
Section 405.06 - Fund Account Maintenance
(1) All I/I and C/C funds in the possession of the Department shall be maintained on the Department's FAS. The Department may, with the approval of the Deputy Commissioner of Administration, and upon request of an I/I or C/C, release funds from a FA to facilitate the I/I's or CC's reentry process. I/I and C/C funds intended to be utilized for reentry purposes may be so designated within the I/I's or C/C's FA, if necessary. All previously purchased I/I or C/C savings bonds shall be held by Support Services.
(2) Pursuant to M.G.L. c. 124, § 1(u), I/Is and C/Cs shall be assessed reasonable fees for the maintenance and administration of FAs and for stop payment requests. The Commissioner shall establish the amount of the fee assessed. Fees shall be deducted from the I/I's or C/C ' s Personal FA that meet the criteria established in 103 CMR 405.06(2)(a) and (b).
(a) A fee shall be assessed if the FA has activity during the month to be charged that is a Qualifying Transaction. An FA will have a maximum of one maintenance and administration fee charge per month, regardless of the number of Qualifying Transactions that may occur. This fee may be collected from either Unearned Funds or Earned Funds. The fee will be assessed on the FAS at the first Qualifying Transaction in that month. Collected fees shall be directly posted to the centralized M&A Account.
(b) A fee shall be assessed for each check for which a stop payment request is executed. This fee may be collected from either Unearned Funds or Earned Funds.
(3) The method of fee collection and the disposition of the generated revenue are detailed below.
(a) Fees for executed stop payment requests shall be collected at the time the stop payment is approved and the institution is given permission to void the check.
(b) FA activity fees shall be assessed monthly.
(c) All assessments shall be accomplished via a transfer of funds from the FA to a centralized account. I/Is and C/Cs shall be provided receipts for all collected fees.
(d) A FA account shall be allowed to have a negative balance for the purpose of collecting a maintenance and administration fee. If, however, an I/I or C/C is subsequently released from Department custody with a negative balance as a result of the release transaction, said FA shall be reimbursed from the M&A Account.
(e) Support Services shall facilitate the sending of the revenue to the General Fund of the Commonwealth.

103 CMR 405.06

Amended by Mass Register Issue 1342, eff. 6/30/2017.
Amended by Mass Register Issue 1517, eff. 3/15/2024.