807 CMR, § 4.02 - Eligibility Criteria

(1) No individual shall be eligible for membership within the retirement system, unless the retirement board finds:

(a) The individual holds a license granted by the Department of Elementary and Secondary Education ("DESE"), or has been granted a waiver pending licensure by the DESE;

(b) The individual is covered by a contractual agreement for employment with one or more school committees or boards of trustees or by any combination of such committees and boards;

(c) The contractual agreement requires not less than half-time service as a teacher, as defined in M.G.L. c. 32 and clarified herein; and

(d) The contractual agreement requires that the individual be licensed by the DESE as a condition of employment.

(2) In addition to those individuals determined to be eligible pursuant to 807 CMR 4.02(1), the following individuals shall be deemed eligible for membership:

(a) Individuals who hold a license granted by the DESE and are employed on the basis of not less than half-time as the director of an educational collaborative as organized and approved under the provisions of M.G.L. c. 40, § 4E;

(b) Individuals employed, pursuant to a contractual agreement, on at least a half-time basis as a teacher by a Massachusetts public charter school, an innovation school, or Quincy College. Because "teachers" in these entities are members of the MTRS irrespective of any provision of M.G.L. c. 32, a "teacher" in these entities is hereby defined as one who either holds the title of teacher, meets all four of the eligibility criteria set forth in 807 CMR 4.02(1) above, or works in a position that would be eligible for MTRS membership if it were performed in a Massachusetts public school; and

(c) Any member in service of the MTRS whose employment status becomes less than half-time without an intervening separation from service as defined in 807 CMR 4.01(1) above. For example, a full-time teacher whose position in the same district is reduced to 40%.

Notes

807 CMR, § 4.02

Amended by Mass Register Issue 1467, eff. 4/15/2022.