GROUP 2 APPEAL GUIDELINES

by Jan Imonti

Appealing your Group 1 retirement status as a DSS Social Worker
by Jan Imonti
These Guidelines are based upon information that has been gathered as the DSS Union team has worked to move the DSS Bargaining Unit from Group 1 into Group 2 of the Massachusetts Retirement System. We are committed to continue to work toward this end despite the Blue Ribbon Panel recommendations regarding the state retirement system.

At this point, if you are planning to retire and you are not at 80%, consider appealing your classification from Group 1 to Group 2. If you decide to appeal, you will present testimony on your own behalf. Written information may also be helpful. These guidelines provide a guide as to what work related information is relevant in an appeal.

Keep in mind that:

• Your current job duties are the ones that count. If you are currently a supervisor, for example, the fact that you were an ongoing worker and carried a caseload in the past does not matter.
• The appeal is based upon your current specific job. Appeals are on a case by case basis.
• The Retirement Board has construed the "care and custody" language of the statute as the employee having physical custody, not legal custody. This is why it is important for the Board to understand that although you do not work in a facility on a daily basis, like some DMH staff or DYS staff who supervise clients, if you are an ongoing worker, you have regular and daily face to face contact with children and adults, transport and attend appointments with children in DSS care and custody, and conduct supervised visits. At times, you may even act in the place of the parent.
• CHINS children in your caseload are involved with juvenile probation officers and may be involved with DYS. They are the wayward children to whom the statute refers. (It is more likely that you, a DSS worker, will transport this child rather than a DYS worker or a probation officer).

The words highlighted in these Guidelines touch upon issues or "buzz" words in the Massachusetts Retirement System Group 2 statue (see MGL Chapter 32, section 3).
  
  Suggested Group II Appeal Outline for DSS Social Workers
  Printable version (.pdf)*

Click here for a copy of the Group 2 statute. For information regarding the Massachusetts State Retirement System go to the www.mass.gov website or call the Retirement Board at 617-367-7770 or 800-392-6014.