Section 2.03 - Membership and Creditable Service(1)Membership.(a) Initial membership in the Massachusetts State Employees Retirement System (MSERS) requires an employee as defined in M.G.L. c. 32 of a participating entity or employer in the MSERS to be permanently employed, and permanently work on a half-time basis or more during a regular work week.(b) For those employees whose initial service with the MSERS commences on or after July 1,2009 membership in the MSERS requires an employee as defined in M.G.L. c. 32 to: 1. be permanently employed;2. work at least on a half-time basis or more during a regular work week; and3. receive regular compensation of not less than $5,000.00 annually.(c) Employees who are employed in a temporary, seasonal, provisional, or intermittent capacity and work in a full-time capacity on a weekly basis for six consecutive months shall be eligible for membership in the MSERS.(d) Continuing membership and the accrual of creditable service shall also be subject to the provisions of M.G.L. c. 32.(e) Final interpretation and application of the regulations contained 941 CMR 2.03 shall be made by the State Retirement Board, and/or its staff, as delegated.(f) Once initial membership in the MSERS has been established, an otherwise already eligible member of the MSERS remains an active member so long as the member continues to work at their present position with their current employer, although their regular hours of employment may have fallen below the minimum level needed to establish membership initially.(g) Once membership in the MSERS has been established, an otherwise already eligible member of the MSERS shall become an inactive member if the member separates from service for any period of time and thereafter takes a position with their former employer and their regular hours of employment are below the minimum level needed to establish membership initially as set forth in 940 CMR 2.03.(h) Once membership in the MSERS has been established, an otherwise already eligible active member of the MSERS who separates from employment and thereafter is employed by another employer that participates in the MSERS, shall remain an active member so long as the member satisfies the requirements of 941 CMR 2.03, including being permanently employed; and working at least on a half-time basis or more during a regular work week,(i) Members who are employed by a participating employer in the MSERS under a public school academic calendar year basis who perform work during the summer months shall remain an active member if the member's position in which he or she is employed during the school year requires that he or she works for 12 months and their employment contract provides for the same.(j) An otherwise already eligible active member of the MSERS who separates from employment and is thereafter employed by another employer that participates in the MSERS, and is employed in a position whose regular hours of weekly employment are below the minimum level needed to establish membership under 941 CMR 2.03 or whose employment status is as a non-permanent employment including, per diem, contract employment, seasonal, temporary, non-permanent part-time, or intermittent status, shall cease to be an active member of the MSERS and retirement contributions should not be withheld on their behalf.(k) For employees whose hours of employment do not initially allow for membership in the MSERS but whose weekly work hours fluctuate, membership may be established in accordance with 941 CMR 2.03. Additionally, the following criteria must also be met: 1. The individual is a present employee of the Commonwealth or other participating employer of the MSERS;2. The individual has a present right to become a member or once had that right;3. During the present period of service the employee had previously been eligible for membership (i.e., there is no break in service between the time when late entry is sought and the time previous when the person was eligible to become a member); and4. The Board has made a determination as to whether the individual is "regularly employed". (l) A formerly active member of the MSERS, or of a retirement system other than the MSERS whose status has changed to inactive, may not become an active member of the MSERS if the member takes a position with the Commonwealth or a participating employer of the MSERS that does not satisfy the initial eligibility criteria for membership in the MSERS as set forth in 941 CMR 2.03.(m) For purposes of 941 CMR 2.03, a "per diem" employee shall be an individual who is employed by the Commonwealth or other employing entity participating in the MSERS on a non-permanent, intermittent, less than full-time, or ad hoc basis, with or without an employment contract, compensated with pay earned on a per diem basis, and who works without basic employment benefits. For retirement purposes, per diem employees may include individuals appointed to serve on boards and commissions, and for whom a statute may or may not provide a stipend to be paid to compensate them for this service.
Unlike a benefitted employee, a per diem employee is:
1. Not entitled to membership in the MSERS;2. Not entitled to membership in the GIC sponsored or other employer sponsored insurance programs; and3. Not eligible for fringe benefits, sick, vacation or personal leave.(2)Creditable Service. (a) Part-time employees eligible for membership in the State Retirement System shall receive credit for service based on the number of hours worked in proportion to the regular hours of work of full-time employees (i.e. not less than 37.5 hours per workweek).(b) Any part-time employees eligible for membership in the State Retirement System who become full-time shall receive credit for their part-time service based on the number of hours worked in proportion to the regular hours of work of full-time employees (i.e. not less than 37.5 hours per workweek).(c) Any full-time employee eligible for membership in the State Retirement System who becomes part-time shall receive credit for their part-time service based on the number of hours worked in proportion to the regular hours of work of full-time employees (i.e. not less than 37.5 hours per workweek).(d)Educational Collaboratives/Regional Vocational and Technical High Schools.1. A full-time employee of a Massachusetts educational collaborative or of a regional vocational or regional vocational technical school who is a member of the State Employees' Retirement System may be credited with 12 months of creditable services for purposes of M.G.L. c. 32, if said employee is required to work and does work a full school year of ten months in accordance with the collaborative's or school's schedule, otherwise September to June, for service rendered on or after January 1, 1985.2. An employee of an educational collaborative or of a regional vocational or regional vocational technical school, who is a member of the State Employees' Retirement System, and who earns a salary on a 12 month basis, such as a director, program manager, may be credited with 12 months of creditable services for purposes of M.G.L. c. 32 for service rendered on or after January 1, 1985, if said employee is required to work 11 months during a 12 month period.3. If an eligible collaborative employee's retirement becomes effective at the end of such a ten or 11 month period or prior to the start of the subsequent school year, the employee's creditable service for the final school year shall be based in proportion to the amount of employment provided up to such effective date of retirement.4. The State Retirement Board shall assess educational collaboratives an administrative charge for the employer normal costs related to collaborative employees who are members of the State Employees' Retirement System.(e)Sabbaticals. 1. Persons who completed a full school year sabbatical leave prior to July 29,1991, and received 50% of their regular compensation during said sabbatical, will receive one full year of creditable service for retirement purposes.2. Persons who received approval for a sabbatical leave prior to July 29, 1991 and received 50% of their regular compensation during said sabbatical, regardless of whether the sabbatical leave was completed prior to July 29, 1991, will receive one full year of creditable service for retirement purposes.3. Persons who applied for, and began a sabbatical leave on or after July 29, 1991 will receive creditable service for retirement purposes at a rate equal to the pro rata percentage of regular compensation received during the sabbatical period.(f)M.G.L. c. 32. § 26(3)(a).1. Unless otherwise determined by the Board, for purposes of eligibility under M.G.L. c. 32, § 26(3)(a) the 20 years of creditable service described therein shall consist exclusively of said service performed in the department of state police.2. For purposes of computing benefits within M.G.L. c. 32, § 26(3), creditable service over 20 years may include other creditable service allowed under the provisions of M.G.L. c. 32.(3)Employer. For purposes of the Massachusetts State Employees' Retirement System an "employer" is an entity as defined in M.G.L. c. 32, provided, however, that an "employer" is limited to entities which are the State, a political subdivision of the State, or an agency or instrumentality of the State. No employer which is not permitted to participate in a qualified governmental pension plan as defined in Code Sections 401(a) and 414(d) shall be permitted to participate in the Massachusetts State Employees' Retirement System.Amended by Mass Register Issue 1325, eff. 11/4/2016.