Code of Massachusetts Regulations
840 CMR - PUBLIC EMPLOYEE RETIREMENT ADMINISTRATION COMMISSION
Title 840 CMR 7.00 - Standard Rules for Elections
Section 7.01 - General Provisions
Current through Register 1531, September 27, 2024
(1)840 CMR 7.00 is the standard rule for elections promulgated by the Public Employee Retirement Administration Commission (PERAC) pursuant to M.G.L. c. 7, § 50 and M.G.L. c. 32, § 21. Except for elections in the State Employees' Retirement System, which shall be governed by the provisions of M.G.L. c. 32, § 20(1), the Teachers' Retirement System, which shall be governed by the provisions of M.G.L. c. 32 § 20(2), county retirement systems, which shall be governed by the provisions of M.G.L. c. 32, §§ 20(3)(b) and 20(3)(h), and in regional retirement systems which shall be governed by the provisions of M.G.L. c. 34B, §§ 19 and 19A, and as otherwise provided by PERAC, and by supplementary rules of a particular retirement board approved by PERAC pursuant to 840 CMR 14.02: Supplementary Rules, or by statute, 840 CMR 7.00 shall govern all elections of elected board members held under the supervision of a retirement board.
(2) Unless a different meaning is plainly required by the context, the term "member", as used in 840 CMR 7.00, means member in service where the elected member is elected from members in service and means member in or retired from service where the elected member is elected from members in or retired from service. For the purposes of 840 CMR 7.00, the following terms shall have the following meaning:
Member in Service shall mean any member who is regularly employed in the performance of his or her duties;
Member Inactive shall mean any member whose employment has been terminated and who may be entitled to any present or potential retirement allowance or to a return of his or her accumulated total deductions;
Retiree shall mean any member in service who has been retired and who is receiving a retirement allowance.
(3) The elected retirement board member shall be elected by the members of the retirement system from among their number. Members inactive have the right to vote in board elections, but do not have the right to serve as a board member.
(4) If otherwise eligible and allowed by law, board staff may be elected to a board other than the board for which he or she is employed.
