Massachusetts State Retirement Board
May 4, 2016 · Read the full official report (PDF) ↗
source
“MSRB made benefit payments of more than $687,000 to deceased pensioners.”
Read the plain-English breakdown
This is a state performance audit of the Massachusetts State Retirement Board, which runs the state employee retirement system.
“MSERS is administered by the Massachusetts State Retirement Board (MSRB) and operates under the purview of the Office of the State Treasurer and Receiver General (OST).”
Auditors checked whether the board followed the rules when paying pensions, spending administrative money, and running its operations.
“This audit was undertaken to determine whether MSRB provided pension benefits, incurred administrative expenses, and conducted its activities in compliance with applicable laws, regulations, policies, and procedures.”
The board handles very large public pension payments for tens of thousands of retirees and survivors, so errors can affect public money and people’s benefits.
“In fiscal year 2014, MSRB issued more than $1.8 billion in benefit payments to more than 57,000 retirees and survivors.”
If you are a state retiree, survivor, taxpayer, or future beneficiary, this matters because the audit looked at whether pension payments were accurate and protected from avoidable mistakes.
“MSERS is a contributory defined-benefit retirement system, governed by Chapter 32 of the General Laws, that provides retirement, disability, survivor, and death benefits to members and their beneficiaries.”
The main problem was not that benefits were unauthorized overall, but that the board did not always have current information needed to pay the right person the right amount at the right time.
“The Massachusetts State Retirement Board (MSRB) did not ensure that it had the most current information regarding MSRB pensioners and designated beneficiaries who had died.”
Auditors recommended better communication with outside data providers, more reliable death checks, documented reviews of verification forms, and an updated internal control plan.
“MSRB should develop and implement controls that facilitate communication with external parties regarding matters affecting its operations and ensure that it stays informed of new or changed regulations concerning access to SSA death data.”
The audit showed real money was affected, but it also reported that the board recovered most improper payments, repaid underpaid pensioners, and began strengthening controls after the audit.
“As of March 22, 2016, it had recovered approximately $608,785 (net) of the erroneous payments identified in this audit and had fully paid $271,302 of reimbursements to pensioners who had been underpaid.”
A Benefit Verification Form is the paperwork retirees use to confirm they are still eligible for benefits; the Death Master File is used to check whether benefit recipients have died; an internal control plan is the agency’s written system for managing risks and reporting problems.
“The BVF must be signed by the benefit recipient and notarized.”
1 figure(s) pending source verification - not shown
What the Auditor checked
- Did not comply Is MSRB properly administering its operations in compliance with applicable laws, regulations, policies, and procedures for pension-benefit-related activities, including pension-benefit calculations, eligibility verifications, timely retirement-benefit terminations, and refunds of contributions to members terminating employment?
- Complied Is MSRB properly administering its operations in compliance with applicable laws, regulations, policies, and procedures for payment of administrative expenses?
What the Auditor found
Why it matters: MSRB overpaid retirement benefits to people who were no longer eligible, requiring recovery from estates and creating risk of unrecovered public funds.
Standard: Section 13(1)(b) of Chapter 32 of the Massachusetts General Laws ( Section 13(1)(b) of Chapter 32 of the Massachusetts General Laws; Section 203 of the federal Bipartisan Budget Act of 2013 )
1 recommendation
- MSRB should develop and implement controls that facilitate communication with external parties regarding matters affecting its operations and ensure that it stays informed of new or changed regulations concerning access to SSA death data.agency: already implemented
Agency response & Auditor reply
Agency: "The Office of the State Auditor (“OSA”) reported that during the relevant audit period it identified 105 deceased MSERS retirees/survivors for whom benefit payments had been issued after their date of death which totaled $687,491.00."
Auditor: "We do not agree with MSRB’s assertion that the figures in our report are incorrect and mischaracterize the scope of overpayments."
Why it matters: Surviving pensioners did not receive the higher monthly benefits they were entitled to after their beneficiaries died.
Standard: Section 12(2) of Chapter 32 of the Massachusetts General Laws ( Section 12(2) of Chapter 32 of the General Laws )
1 recommendation
- MSRB should develop and implement controls that facilitate communication with external parties regarding matters affecting its operations and ensure that it stays informed of new or changed regulations concerning access to SSA death data.agency: already implemented
Agency response & Auditor reply
Agency: "All forty-four (44) surviving retirees/survivors were made whole after they provided the proper documentation to the MSRB."
Auditor: "Based on its response, MSRB is taking appropriate measures to address our concerns, including reimbursing all the pensioners in question."
Why it matters: MSRB lacked adequate assurance that pensioner eligibility information was complete and accurate, and one undetected inaccuracy may have involved fraudulent activity.
Standard: Section 15.01(3) of Title 840 of the Code of Massachusetts Regulations ( Section 15.01(3) of Title 840 of the Code of Massachusetts Regulations )
1 recommendation
- MSRB should perform and document random reviews and verifications of biennial BVFs to determine the accuracy of information reported and stored on its MSERS database.agency: disagreed
Agency response & Auditor reply
Agency: "The OSA report reflects that while the MSRB indicated that it conducted random verifications to determine the accuracy of information returned on Benefit Verification Forms (“BVF”), substantiating documentation was not available."
Auditor: "The verification work MSRB states that it performs appears to be extensive, but as stated in our report, there was no specific documentation that MSRB had complied with 840 CMR 15.01(3), which states that “the retirement board may review and verify the accuracy of any affidavit submitted and shall audit a random sample of at least five per cent of the affidavits received” (emphasis added)."
Why it matters: An outdated and incomplete internal control plan could hinder MSRB from achieving its goals and safeguarding assets against loss, theft, and misuse.
Standard: Office of the State Comptroller Internal Control Guide and COSO enterprise risk management guidance ( Office of the State Comptroller Internal Control Guide; Enterprise Risk Management—Integrated Framework )
1 recommendation
- MSRB should collaborate with OST to update its ICP to include an updated departmental risk assessment, all eight components of ERM, reporting methods for internal control issues and policy violations, and the process for reporting variances, losses, shortages, or thefts to OSA.agency: agreed
Agency response & Auditor reply
Agency: "Currently, the Internal Control Officer (“ICO”) is in the process of updating and standardizing all of the Treasury’s ICP’s to meet the requirements of the Internal Control Guide."
Auditor: "Based on its response, MSRB is taking appropriate measures to address our concerns."
Verified dollar findings
Money paid out that the audit found should not have been - overpayments, unallowable and nonreimbursable charges, improper claims.
Funds recovered or repaid to the Commonwealth.
Identified dollar findings that do not fall in a named band.
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