840 CMR, § 15.01

Current through Register 1536, December 6, 2024
Section 15.01 - Attestation of Retired Members and Beneficiaries
(1) No less frequently than once every two years, each retirement board shall require each member or beneficiary who receives a pension, retirement allowance, or survivor's allowance to file with the retirement board an attestation under the penalties of perjury, at such time and in such form as the board shall prescribe, containing the following information:
(a) the name of the member or beneficiary;
(b) the current address of the member or beneficiary;
(c) a statement certifying that the member or beneficiary is currently living;
(d) a statement describing the beneficiary's current marital status where marital status is relevant to continued receipt of benefits;
(e) a statement describing the beneficiary's current dependency status where dependency is relevant to continued receipt of benefits; and
(f) such additional information as the board may require to determine whether the member or beneficiary is entitled to continued receipt of benefits.
(2) If a member or beneficiary comes to the retirement office in person to verify the information in 840 CMR 15.01(1)(a) through (f), they will be considered to have satisfied the requirements of the attestation.
(3) The retirement board shall withhold the retirement benefits of any member or beneficiary who fails to file the attestation within the time prescribed pending receipt of the attestation. Upon receipt of the attestation, any benefits so withheld shall be paid to the retired member or beneficiary.
(4) The retirement board may review and verify the accuracy of any attestation submitted and shall audit a random sample of at least five per cent of the attestations received.

A retirement board shall be deemed to have complied with 840 CMR 15.01(1) through (4) if it performs a data match of the demographic information and status of current retirees and beneficiaries receiving benefits no less than every six months by a third-party entity contracted through an approved selection or procurement process.

A retirement board shall preserve or ensure that the results of any such data match are accessible through the next PERAC audit.

840 CMR, § 15.01

Amended by Mass Register Issue 1518, eff. 3/29/2024.