Code of Massachusetts Regulations
807 CMR - TEACHERS' RETIREMENT BOARD
Title 807 CMR 3.00 - RETIREMENT AND CREDIT FOR SERVICE
Section 3.04 - Retirement Credit for Service Rendered as a Part-time Member

Universal Citation: 807 MA Code of Regs 807.3

Current through Register 1531, September 27, 2024

(1)

(a) Except as set forth in 807 CMR 3.04(1)(b), for all purposes in M.G.L. c. 32, creditable service for any member in service employed on a part-time basis shall be calculated on a pro-rated basis as it relates to a full-time position.

(b) When such a member renders part-time membership service, the average annual rate of regular compensation received used to calculate the member's retirement allowance under M.G.L. c. 32, § 5(2)(a) shall be based on the full-time equivalent rate of regular compensation received for any period of part-time service.

(c) For purposes of determining whether a member has completed the ten or more years of creditable service required under M.G.L. c. 32, § 6 for an ordinary disability retirement only, membership service shall be credited on a full-time basis regardless of whether the member's service was rendered on a part-time or full-time basis. The calculation of the retirement allowance, however, shall be calculated according to 807 CMR 3.04(1)(a).

(2)

(a) For any teacher who elected to participate in the alternative superannuation retirement benefit program pursuant to M.G.L. c. 32, § 5(4)(i) and who retires with an effective date on or before July 1, 2012, the determination of creditable service for purposes of determining eligibility for the enhancement under M.G.L. c. 32, § 5(4)(ii), and calculating the amount of such enhancement and retirement allowance shall be based on either:
1. the creditable service regulations in effect prior to January 8, 2010; or

2. on 807 CMR 3.00, whichever yields the higher benefit.

(b) For retirements occurring after July 1, 2012, creditable service for all purposes (except as noted in 807 CMR 3.04(1)(c)) shall be based solely on 807 CMR 3.00.

(3) Nothing in 807 CMR 3.04(3) shall affect the accrual of creditable service for non-membership service, which is governed by 807 CMR 3.03.

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