AMENDMENT NO. 1

Mr. Turner of Dennis moves to House 4054 in Section 5, by striking the paragraph in lines 48 through 50 in its entirety and inserting in place thereof the paragraph:-

“(o) The service of any state, county, or municipal employee provided after June 30, 2009 in a position that receives compensation of less than $5,000 annually shall not constitute creditable service for the purposes of this chapter.”

AMENDMENT NO. 2

Mr. Jones of North Reading, Mr. Peterson of Grafton, Mr. Hill of Ipswich, Ms. Poirier of North Attleboro, and Mr. deMacedo of Plymouth move to amend House Bill 4054 by striking SECTION 20, in its entirety, and inserting in place thereof the following:-

“SECTION 20. Chapter 32 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by inserting after section 22D the following new section:-

Section 22E. (a) For the purposes of this section, a statutory adjustment to the commonwealth pension liability is one that changes the benefits or contributions of classes of members, including but not limited to early retirement incentive programs, cost-of-living adjustments, the membership of said classes, or any amendments to chapter 32 that may change the actuarial liability of the commonwealth pension system.

(b) Joint committees of the general court and the house and senate committees on ways and means when reporting favorably on legislation referred to them which creates a statutory adjustment to the commonwealth pension liability shall include a review, evaluation and financial impact conducted by the actuary of the public employee retirement administration commission pursuant to this section.

(c) Upon request of a joint standing committee of the general court having jurisdiction or the committee on ways and means of either branch, the actuary of the public employee retirement administration commission shall conduct and prepare a review, evaluation and financial impact of the statutory adjustment to the commonwealth pension liability, in consultation with other relevant state agencies, and shall report to the committee within 90 days of the request.”

AMENDMENT NO. 3

Mr. Jones of North Reading, Mr. Peterson of Grafton, Mr. Hill of Ipswich, Ms. Poirier of North Attleboro, and Mr. deMacedo of Plymouth move to amend House Bill 4054 by inserting after SECTION 6 the following new section:-

“SECTION XX. Section 5 of chapter 32 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by inserting at the end thereof the following subdivision:

(5) Payments to a member retired under the provisions of this section who is incarcerated for having been convicted of a felony committed on or after the effective date of this paragraph shall cease for the period of such member's incarceration. Under no circumstances shall such payments be recoverable by such member after such period of incarceration.”

; and further, by inserting after SECTION 14 the following new section:-

“SECTION XX. Section 10 of chapter 32 of the General Laws, as so appearing, is hereby amended by inserting at the end thereof the following subdivision:

And further, by inserting after SECTION 20 the following sections:-

“SECTION XX. Section 26 of chapter 32 of the General Laws, as so appearing, is hereby amended by inserting at the end thereof the following subdivision:

(6) Payments to a member retired under the provisions of this section who is incarcerated for having been convicted of a felony committed on or after the effective date of this paragraph shall cease for the period of such member's incarceration. Under no circumstances shall such payments be recoverable by such member after such period of incarceration.

SECTION XX. Section 28M of chapter 32 of the General Laws, as so appearing, is hereby amended by inserting at the end thereof the following paragraph:

Payments to a member retired under the provisions of this section who is incarcerated for having been convicted of a felony committed on or after the effective date of this paragraph shall cease for the period of such member's incarceration. Under no circumstances shall such payments be recoverable by such member after such period of incarceration.

SECTION XX. Section 28N of chapter 32 of the General Laws, as so appearing, is hereby amended by inserting at the end thereof the following paragraph:

SECTION XX. Chapter 32 of the General Laws, as so appearing, is hereby amended by inserting after section 65J the following section:

Section 65K. Payments to a member retired under the provisions of sections 65A to 65J, inclusive, who is incarcerated for having been convicted of a felony committed on or after the effective date of this paragraph shall cease for the period of such member's incarceration. Under no circumstances shall such payments be recoverable by such member after such period of incarceration.”

AMENDMENT NO. 4

Mr. Jones of North Reading, Mr. Peterson of Grafton, Mr. Hill of Ipswich, Ms. Poirier of North Attleboro, and Mr. deMacedo of Plymouth move to amend House Bill 4054 by inserting in SECTION 21, after the words “under 2 or more retirement systems”, at the end of the second paragraph, the following:-

“potential costs, savings or benefits related to moving from a defined benefit retirement system to a defined contribution retirement system for new employees, including a system that maintains eligibility for employees to participate in the social security system;”

AMENDMENT NO. 5

“SECTION XX. Paragraph (b) of section 91 of Chapter 32 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by inserting, in line 84, after the word “authority” the words:- including as a consultant or independent contractor or as a person whose regular duties require that his time be devoted to the service of the commonwealth, city, town, district or authority during regular business hours,”.

AMENDMENT NO. 6

SECTION XX. Paragraph (a) of subdivision (2) of section 5 of chapter 32 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking out, in lines 84 to 98 inclusive, the words “The normal yearly amount of the retirement allowance for any member classified in Group 1, Group 2 or Group 4, who has paid the full amount of regular deductions on the total amount of regular compensation, including deductions specified in subdivision (3A) of section three, and in paragraph (d) of subdivision (1) of section twenty-two, shall, subject to the limitations set forth in this section, be based on the average annual rate of regular compensation received by such member during any period of three consecutive years of creditable service for which such rate of compensation was the highest, or on the average annual rate of regular compensation received by such member during the period or periods, whether consecutive or not, constituting his last three years of creditable service preceding retirement, whichever is the greater, and shall be computed according to the following table based on the age of such member and his number of years and full months of creditable service at the time of his retirement.” and inserting in place thereof the following words:-

“For those who entered service prior to January 1, 2010, the normal yearly amount of the retirement allowance for any member classified in Group 1, Group 2 or Group 4, who has paid the full amount of regular deductions on the total amount of regular compensation, including deductions specified in subdivision (3A) of section three, and in paragraph (d) of subdivision (1) of section twenty-two, shall, subject to the limitations set forth in this section, be based on the average annual rate of regular compensation received by such member during any period of three consecutive years of creditable service for which such rate of compensation was the highest, or on the average annual rate of regular compensation received by such member during the period or periods, whether consecutive or not, constituting his last three years of creditable service preceding retirement, whichever is the greater, and shall be computed according to the following table based on the age of such member and his number of years and full months of creditable service at the time of his retirement. For those who entered service on or after January 1, 2010, the normal yearly amount of the retirement allowance for any member classified in Group 1, Group 2 or Group 4, who has paid the full amount of regular deductions on the total amount of regular compensation, including deductions specified in subdivision (3A) of section three, and in paragraph (d) of subdivision (1) of section twenty-two, shall, subject to the limitations set forth in this section, be based on the average annual rate of regular compensation received by such member during all of the member’s years of employment, with the average rate of regular compensation for each year adjusted for the inflation index from that year to the year of retirement of said member, and shall be computed according to the following table based on the age of such member and his number or years and full months of creditable service at the time of his retirement.”

AMENDMENT NO. 7

Mr. Jones of North Reading, Mr. Peterson of Grafton, Mr. Hill of Ipswich, Ms. Poirier of North Attleboro, and Mr. deMacedo of Plymouth move to amend House Bill 4054 by adding after SECTION 20 the following section:-

“SECTION XX. Paragraph (f) of subdivision 2A of section 23 of chapter 32 is hereby amended by adding after the words “of the board” the following: -

, provided that the board shall award no compensation package that includes any incentive payments for performance in any year where the total value of the fund is reduced from the total value in the preceding year”.

AMENDMENT NO. 8

Mr. Jones of North Reading, Mr. Peterson of Grafton, Mr. Hill of Ipswich, Ms. Poirier of North Attleboro, and Mr. deMacedo of Plymouth move to amend House Bill 4054 by amending SECTION 6 by inserting at the end thereof the following paragraph:

“(f) In any given year, no retirement allowance, as provided for by this chapter, shall exceed four hundred per cent of the average retirement allowance in the Commonwealth. The board shall determine the average retirement allowance in the Commonwealth as of January 1 of each year.”

AMENDMENT NO. 9

Mr. Jones of North Reading, Mr. Peterson of Grafton, Mr. Hill of Ipswich, Ms. Poirier of North Attleboro, and Mr. deMacedo of Plymouth move to amend House Bill 4054 by inserting the following new section:

SECTION XX. Notwithstanding any general or special law to the contrary, the Massachusetts Bay Transportation Authority or any successor authority, shall enter into an agreement to establish or amend existing retirement or pension benefits only if any employee hired after the effective date of the agreement or amendment may not receive a retirement or pension benefit prior to the completion of 25 years of credited pension service and attained 55 years of age. The Massachusetts Bay Transportation Authority is not prohibited by this section from permitting retirement prior to attaining age 55, provided however, that either: (i) the employee is entitled to a disability pension under the Massachusetts Bay Transportation Authority retirement system; or (ii) the employee has earned the maximum percentage allowed under the retirement formula of the Massachusetts Bay Transportation Authority retirement system and that the employee waives the ability to collect a pension and retirement benefit due until attaining age 55.

AMENDMENT NO. 10

“SECTION XX. Paragraph (1) of section 10 of chapter 32 of the General Laws, as appearing in the 2006 Official Edition, is hereby further amended by striking out, in lines 5 to 7, inclusive, the words “, or whose office or position is abolished, or is removed or discharged from his office or position without moral turpitude on his part,”

SECTION XX. Said paragraph (1) of said section 10 of said chapter 32, as so appearing, is hereby further amended by striking out, in lines 9 to 11, inclusive, the words “, or is removed or discharged from his office or position without moral turpitude on his part, or any such member whose office or position has been abolished,”

SECTION XX. Said paragraph (1) of said section 10 of said chapter 32, as so appearing, is hereby further amended by striking out, in lines 51 to 53, inclusive, the words “ , or whose office or position is abolished, or is removed or discharged from his office or position without moral turpitude on his part,”.

AMENDMENT NO. 11

Representative Fallon of Malden moves that

House Bill 4054: Text of an amendment recommended by the committee on Ways and Means to the Senate Bill providing responsible reforms in the pension system. (Senate, No. 2026, amended).

Section 2. Line 9, be hereby amended by striking out “June 30, 2009” and inserting in place thereof “June 30, 2011”.

AMENDMENT NO. 12

Representative Fallon of Malden moves that

House Bill 4054: Text of an amendment recommended by the committee on Ways and Means to the Senate Bill providing responsible reforms in the pension system. (Senate, No. 2026, amended).

Section 3. Line 21, be hereby amended by striking out the period after the word employment and inserting in place thereof “ , training incentives and payment received in lieu of unused vacation or sick leave.”

And further amended at Line 30 by striking out “payment in lieu of or for unused vacation or sick leave,”

AMENDMENT NO. 13

Representative Fresolo, of Worcester, moves to amend House Bill 4054 in line 31 after the word dismissed by eliminating the following:- or any amounts paid as premiums for working holidays.

AMENDMENT NO. 14

Representative Fresolo, of Worcester, moves to amend House Bill 4054 in line 31 after the word dismissed by eliminating the following:- or any amounts paid as premiums for working holidays.

AMENDMENT NO. 15

Ms. Callahan of Sutton moves to amend House Bill 4054 by inserting the following new section:-

SECTION XX. No quasi public agency, independent board or authority shall award, maintain or authorize post retirement employment consulting contracts to any former employee of a quasi public agency, independent board or authority who has retired and is receiving a retirement benefit.

AMENDMENT NO. 16

Ms. Callahan of Sutton moves to amend House Bill 4054 by inserting the following new section:-

SECTION XX. Any current or preexisting practice of “cashing-in” or “selling back” unused vacation time of any amount that is then applied to the regular earnings of any employee of any quasi public agency, independent board or state authority to enhance total yearly earnings shall be hereby prohibited.

AMENDMENT NO. 17

Mr. Speliotis of Danvers moves that S. 2026 (amended) is further amended in section 5, paragraph (0), by striking out in line 49 the word “a” and replaced with “an elected,” and adding, after the word “position” in line 49, “excluding an individual elected to the position of mayor.”

AMENDMENT NO. 18

House Bill 4054: Text of an amendment recommended by the committee on Ways and Means to the Senate Bill providing responsible reforms in the pension system. (Senate, No. 2026, amended).

Be hereby amended by adding a new Section at the end of House Bill 4054, Line 247,

“SECTION 25. Section 91A of said chapter 32 of the General Laws is hereby amended by adding the following language to the end of said section:- Any marital assets and/or alimony payments paid by a person who has retired pursuant to Section 7 of Chapter 32 will be excluded from the earnings sum of $5,000.00 as referenced hereinabove.”

AMENDMENT NO. 19

Ms. Polito of Shrewsbury moves to amend House Bill 4054 by adding after line 246 and Section

24 the following new section: –

SECTION XXX. Section 2 of chapter 32B of the General Laws, as so appearing, is hereby

amended by striking out the word “twenty” in line 30 and inserting in place thereof the figure:-

AMENDMENT NO. 20

Ms. Polito of Shrewsbury moves to amend House Bill 4054 by adding after line 246 and Section

24 the following new section: –

SECTION XXX. Chapter 32 of the General Laws, as so appearing in the 2006 Official Edition,

is hereby amended by adding the following section:-

Section 106. Employee shall not automatically be allowed to inflate pensions with raises and

additional compensation during their final year of service.

AMENDMENT NO. 21

Ms. Polito of Shrewsbury moves to amend House Bill 4054 by adding after line 246 and Section

24 the following new section: –

SECTION XXX. Chapter 32 of the General Laws, as so appearing in the 2006 Official Edition,

is hereby amended by adding the following section:-

Section 106. Any person who knowingly provides false information to obtain pension benefits

or accepts unearned benefits shall be punished by imprisonment in a prison for not more that 5

years.

AMENDMENT NO. 22

Ms. Polito of Shrewsbury moves to amend House Bill 4054 by striking out in lines 178-228

section 21 and inserting the following new section: –

SECTION 21. Chapter 32 of the General Laws, as so appearing in the 2006 Official Edition,

is hereby amended by adding the following section:-

SECTION 111. Notwithstanding the provisions of any general or special law to the contrary, a

defined contribution system implementation plan commission will be appointed by the

legislature to develop an effective and efficient plan to implement the defined contribution

system to new public employees hired after October 1, 2009 as well as for any employee not

vested as of October 1, 2009 who may elect to participate in the defined contribution system and

have their associated accrued defined benefits transferred to the defined contribution system with

state, county, city, or municipal 7 per cent match. This commission would additionally study the

feasibility of combining all state and local public employee pension systems into one defined

contribution system. A report on their findings shall be filed with the legislature within ninety

days of the passage of this Act.

AMENDMENT NO. 23

Ms. Polito of Shrewsbury moves to amend House Bill 4054 by inserting after line line 246 and

Section 24 the following new section: –

SECTION XXX. The Pension Reserves Investment Management Board must report to the

chairs of the House and Senate Committees on Ways and Means in addition to the clerks of both

branches within ninety days of the passage of this Act on what the unfunded liabilities are. After

this initial report the Board will continue to report to these committees annually on the 1st of July

the status of the unfunded liabilities.

AMENDMENT NO. 24

SECTION 3. Said section 1 of said chapter 32 of the General Laws, as so appearing, is hereby further amended by inserting after the word “employment.”, in line 21, the following words:- Any income that is taxed under the Federal Income Tax Code shall be deemed income for retirement purposes.

AMENDMENT NO. 25

AMENDMENT NO. 26

Mr. Cabral of New Bedford moves that the bill be amended by inserting at the end of SECTION 3 the following paragraph:-

In the case of a teacher employed in a public day school who is a member of the teachers’ retirement system, salary payable under the terms of an annual contract for additional services in such a school and also compensation for services rendered by said teacher in connection with a school lunch program or for services in connection with a program of instruction of physical education and athletic contests as authorized by section forty-seven of chapter seventy-one shall be regarded as regular compensation rather than as bonus or overtime and shall be included in the salary on which deductions are to be paid to the annuity savings fund of the teachers’ retirement system.

AMENDMENT NO. 27

“SECTION XX. Section 22D of Chapter 32 of the General Laws, as appearing in the 2006 Official Edition, is amended by striking out in line 25 the figure “2028” and inserting in place thereof the following figure:- 2030”.

AMENDMENT NO. 28

Mr. Jones of North Reading, Mr. Peterson of Grafton, Mr. Hill of Ipswich, Ms. Poirier of North Attleboro, and Mr. deMacedo of Plymouth move to amend House Bill 4054 in SECTION 3 by inserting after the word “travel,” the words:-

“clothing allowance,”.

AMENDMENT NO. 29

“(f) Notwithstanding any general or special law to the contrary, if greater than fifty per cent of a member’s regular compensation is for duties performed as a member of one employment group, as enumerated in paragraph (g) of subdivision (2) of section 3 of chapter 32 of the General Laws, he shall be considered a member of that employment group for the purposes of retirement, including superannuation retirement.”.

AMENDMENT NO. 30

“SECTION XX. Section 28M of Chapter 32 of the General Laws is hereby amended by striking out the first sentence and inserting in place thereof the following new sentence:-

Notwithstanding the provisions of sections one to twenty-eight, inclusive, any employee of the department of correction, classified under Group 4, whose major responsibilities include the care and custody of prisoners, and any transportation officer working within the department of correction, who has performed services in the department of correction for not less than twenty years, provided, the majority of years of service was performed within one or more titles in Group 4, shall, at his own request, be retired by said retirement board.”

AMENDMENT NO. 31

Mr. Guyer of Dalton moves to amend House Bill 4054 by inserting after SECTION 22 the following section:-

“SECTION XX, Chapter 32 of the General laws, as appearing in the 2006 official edition is hereby amended by inserting after section 4(p), the following:

(p1/2) Any member of a contributory retirement system who is engaged in a teaching position and holds a certificate issued by the department of education or is exempted from the requirement of certification and who was previously engaged in teaching pupils in any overseas school operated by or receiving assistance from the United States Department of State Office of Overseas Schools or the Department of Defense, or accredited by a United States state education department may, before the date any retirement allowance becomes effective for him, establish such service as creditable service by depositing into the annuity savings fund of the system of which he is a member in one sum, or in installments, upon such terms and conditions as the board may prescribe, an amount equal to five per cent of the compensation received by him during such period of service plus regular interest to the date of such deposit for such previous period, or most recent portion thereof, as he may elect. Payment shall not be made and no credit shall be allowed for such overseas school service in excess of the total service rendered in a public school of the commonwealth to which the member would be entitled to receive credit if he remained in service to age sixty-five, with the maximum credit for service in such overseas schools not to exceed ten years; provided, that no credit shall be allowed and no payment shall be accepted for any service for which the member shall be entitled to receive a retirement allowance, annuity or pension from any other source. Upon completion of such payments, such member shall receive the same credit for such period of his previous non-public school service or portion thereof elected, as would have been allowed had such service been rendered by him in a public school of the commonwealth. Such member shall furnish the board with such information as it shall require to determine the amount to be paid and the credit to be allowed under this paragraph. At the time a retirement allowance becomes due to a member or to a beneficiary under option (d) of subdivision (2) of section twelve, if the service rendered in public schools of the commonwealth on the date either the retirement allowance becomes effective, or on the date the member attained age sixty-five, whichever occurs first, is less than the service in said non-public schools for which the member has paid, credit shall be allowed only for the most recent service rendered in said overseas schools equal to such service rendered in the public schools of the commonwealth and the amount paid for such additional service shall be refunded with accumulated interest, refund to be made only when the retirement allowance becomes due to the member or to the beneficiary under option (d) of subdivision (2) of section twelve, and if it is found that payment has been accepted for any service for which the member is entitled to a retirement allowance, annuity or pension from any other source, the amount paid for such service with accumulated interest shall also be refunded with no retirement credit allowed.”

AMENDMENT NO. 32

Mr. Guyer of Dalton moves to amend House Bill 4054 by inserting after SECTION 22 the following section:-

“SECTION XX, Any teacher hired prior to July 1, 2001, who did not elect to participate in the alternative superannuation retirement benefit program established by clause (i) of paragraph (f) of subsection (3) of section 5 of chapter 32 of the General Laws, who would have otherwise been eligible at that date shall be allowed to transfer into the said retirement program. All members who elect to do so shall pay within 180 days of joining the program, a sum equal to the difference in the amount which would have been collected had they chosen to join the program by July 1, 2001, and the actual contributions made since that date. Said amount shall also be subject to a penalty equal to the interest, which would have been earned on this sum during the period between July 1, 2001 and the time of election to participate in the program.”

AMENDMENT NO. 33

Mr. Evangelidis of Holden moves to amend House Bill 4054 by adding the following section:-

Section XX. Section 52 of chapter 149 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by adding the following paragraph:-

Each employee of the commonwealth shall have a defined number of sick days for each calendar year of employment. Said sick days shall expire on the last day of the calendar year and no employee shall receive payment for any unused sick days at the conclusion of the year.

AMENDMENT NO. 34

Mr. Evangelidis of Holden moves to amend House Bill 4054 in section 20, after line 177 by adding the following paragraph:-

Whenever after June 30, 2009 a retirement system's unfunded liability is increased due to one or more members' retirement allowances being increased as a result of amendments or exceptions to the provisions of this chapter, that retirement system shall be required to amortize the additional amount of unfunded liability so created and as included in the pension impact certificate over a period not to exceed three fiscal years beginning in the fiscal year immediately following receipt of the pension impact certificate. When such an enactment involves members of retirement systems other than the state retirement system, said retirement systems shall assess employers of members amounts necessary to fund the required amortization. When such an enactment affects the state retirement system, the state teachers retirement system, the state-Boston retirement system for teachers, or cost of living adjustments pursuant to sections 102 or 103, amounts necessary to amortize the additional unfunded liability within three years shall be added to the amount to be transferred to the Commonwealth Pension Liability Fund pursuant to subsection (1) of section 22C, and section 5(b) of chapter 29.

AMENDMENT NO. 35

Mr. Evangelidis of Holden moves to amend House Bill 4054 by adding the following section:-

Section XX. Paragraph (c) of subdivision (2) of section 5 of Chapter 32 is amended by striking in line 106 the words “four fifths” and inserting in place thereof the following:-

“three quarters”

AMENDMENT NO. 36

Mr. Garballey of Arlington moves that Senate Bill 2026 be amended by inserting at the end of Section 3 the following words:-

“”In the case of a teacher employed in a public day school who is a member of the teachers’ retirement system, salary payable under the terms of an annual contract for additional services in such a school and also compensation for services rendered by said teacher in connection with a school lunch program or for services in connection with a program of instruction of physical education and athletic contests as authorized by section forty-seven of chapter seventy-one shall be regarded as regular compensation rather than as bonus or overtime and shall be included in the salary on which deductions are to be paid to the annuity savings fund of the teachers’ retirement system.”

AMENDMENT NO. 37

Mr. Walsh of Boston moves to amend Senate Bill 2026 in Section 5. Line 50, be herby amended by adding to the end of said section the following language “However, if an individual was elected to a position of selectman, alderman, city councilor or school committee member in a municipal wide election and said elected official attended regularly scheduled meetings in service thereof throughout the entire year, said person could buy back credible service at the salary received; and if no salary was received, at a buy back percentage equivalent to receiving a salary of $5,000.”

AMENDMENT NO. 38

Mr. Brownsberger of Belmont moves to amend the bill, S2026, by striking section 5 and inserting the following two new sections:

SECTION 5. Subdivision (1) of said section 4 of said chapter 32 is hereby amended by striking out paragraphs (o) and (o ½), as so appearing, and inserting in place thereof the following paragraph:-

(o) Notwithstanding any general or special law to the contrary, an individual who serves as an unpaid municipal, county or state employee, or an individual who serves as an unpaid elected or appointed municipal, county or state official, or an individual who serves as an unpaid special county employee, special municipal employee or special state employee, as defined in section 1 of chapter 268A, shall not be permitted to apply creditable service as a result of serving in that position in order to increase his allowable retirement allowance under this chapter.

SECTION 5A. Said subdivision (1) of said section 4 of said chapter 32 is hereby further amended by inserting after paragraph (o) the following paragraph:-

(o ¾) Notwithstanding any general or special law to the contrary, any municipal, county or state employee who receives compensation of less than $5,000 annually shall not be permitted to apply creditable service as a result of service in a position paying less than $5,000 annually which occurs on or after January 1, 2010, in order to increase his allowable retirement allowance under this chapter.

AMENDMENT NO. 39

Mr. Brownsberger of Belmont moves that the bill, S2026, be amended by striking in Section 6, the following phrase:

provided, however, that this paragraph shall not apply to a member who has received part-time creditable service in 1 or more systems;

AMENDMENT NO. 40

Mr. Brownsberger of Belmont moves that the bill, S2026, be amended by inserting the following new section 10A:

Section 5(1)(m) of Chapter 32 of the General Laws is hereby amended by striking the words "except for elected officials subject to the provisions of paragraph (b) of subdivision (2) of section ten"

AMENDMENT NO. 41

Mr. Brownsberger of Belmont moves that the bill, S2026, be amended by striking out Section 14 and inserting the following new sections 14 and 14A:

Section 14: Section 10(2)(b) of Chapter 32 of the General Laws is hereby amended by striking out the words "who fails of nomination or re-election, or fails to become a candidate for nomination, re-election or election, or" and further amended by striking out the words "or accepts during, or prior to the expiration of a term for which he was elected appointment to an office or position the acceptance of which requires under the constitution of the commonwealth resignation from the general court,"

AMENDMENT NO. 42

Mr. Brownsberger moves that the bill, S2026, be amended by inserting the following new Section 14A:

Section 10(2)(b 1/2) of Chapter 32 of the General Laws is hereby amended by inserting after the words "or voluntarily terminates his service" the words "or fails of nomination or re-election".

AMENDMENT NO. 43

AMENDMENT NO. 44

Mr. Fagan of Taunton moves that the bill be amended in Section 6 by inserting after the word “systems;”, in line 61, the following:-

“and provided further that this paragraph shall not apply to any member currently vested in two or more systems.”

AMENDMENT NO. 45

Representative Fallon of Malden moves that

House Bill 4054: Text of an amendment recommended by the committee on Ways and Means to the Senate Bill providing responsible reforms in the pension system. (Senate, No. 2026, amended).

Be hereby amended by adding a new Section at the end of House Bill 4054, Line 247,

“SECTION 26. Section 85G of said chapter 32 of the General Laws is hereby amended by adding the following language to the end of said section:- Notwithstanding the above-language, any city of town that makes use of a reserve list may decline this section by an affirmative vote by the local governing agency, assented to by the appointing authority as defined by M.G.L. c. 31, Section 1 and effective the date said vote and assent is formally submitted to the Civil Service Commission.

AMENDMENT NO. 46

Representative Fallon of Malden moves that

House Bill 4054: Text of an amendment recommended by the committee on Ways and Means to the Senate Bill providing responsible reforms in the pension system. (Senate, No. 2026, amended).

Section 3. Line 18, be hereby amended by inserting after the word “differentials”, the following language “amounts paid and contained in the collective bargaining agreement as regular annual employer buy-backs of vacation and sick time, amounts paid as premiums for working holidays,”

And further amended at Line 24 by inserting after the word “bonuses”, the following language “amounts paid for accumulated vacation or sicktime, other than regular and annual buy-backs,”

And further amended at Line 30 by striking out the following language “payment in lieu of or for unused vacation or sick leave, or”

And further amended at Line 31 by striking out the following language “or any amounts paid as premiums for working holidays, except as authorized by law,”

AMENDMENT NO. 47

Mr. Walsh of Boston, Mr. Wallace of Boston, Mr. Walsh of Lynn, Mr. Sandlin of the Third Hampden, Mr. Honan of Boston, Ms. Spiliotis of Peabody, Mr. Sannicandro of Ashland, Mr. Falzone of Lynn, Mr. Kulik of Deerfield, Ms. Canavan of Plymouth, Ms. Hogan of Hudson, Mr. DiNatale of Fitchburg , Mr. Garballey of Arlington, Ms. Richardson of Framingham, Mr. Nyman of Hanover, Mr. Puppolo of Springfield, Mr. Bowles of Attleboro, Mr. Stanley of Waltham, Mr. D’Amico of Norton, Mr. Toomey of Cambridge, Mr. Dwyer of Reading, Mr. Alicea of Charlton, Mr Nangle of Lowell, Mr. Brady of Brockton, Mr. Welch of West Springfield. Mr. Rush of Boston, Mr. Kane of Holyoke, Mr. Aguiar of Fall River, Ms. Gobi of the Fifth Worcester, Ms. Clark of Melrose, Mr. McMurtry of Dedham Mr. Patrick of Falmouth, Ms. Gregoire of Marblehead, Ms. Balser of Newton, Mr. Timility of Boston and Mr. Sullivan of Fall RIver and move to amend Senate Bill 2026 by deleting Section 3 and replacing it with a new Section 3 that reads:

Mr Walsh of Boston move to amend Senate Bill 2026 by deleting Section 3 and replacing it with a new Section 3 that reads:

Section 1 of Chapter 32 of the General Laws as appearing in the 2006 Official Edition is hereby ameded by inserting in line 399 after “forty five,” the following: “and up to and including July first, two thousand nine” Said Section 1 is further amended by striking in line 401 after the words “employing authority,” the following “not including bonuses, overtime, severance pay for any and all unused sick leave, early retirement incentives, or any other payments made as a result of giving notice of retirement”. And inserting with the following: “not including overtime, amounts paid for commissions, bonuses other than cost-of-living bonuses, payment in lieu of sick leave, the payment of termination, severance, or dismissal, any amounts paid as early retirement incentives or any other payment made as a result of giving notice of retirement, amounts derived from any salary enhancements or salary augmentations plans which will recur for a limited or definite term, in-kind or any payments such as for housing, lodging, travel, annuities, or welfare benefits, lump sum buyouts for workers’ compensation benefits, job related expense payments, automobile usage, insurance premiums, dependent care assistance, tuition, payments in kind, other than cash received by an individual from his employing unit for services rendered,”

AMENDMENT NO. 48

Mr. Fagan of Taunton moves that the bill be amended by striking out Section 24 and inserting in place thereof the following sections:-

SECTION 24. Section 1 of this act shall take effect July 1, 2009.

SECTION 25. Section 5 of this act shall take effect July 1, 2010 and shall apply to any state, county or municipal employee first employed or elected after July 1, 2010.

AMENDMENT NO. 49

Mr Walsh of Boston move to amend Senate Bill 2026 by deleting Section 3 and replacing it with a new Section 3 that reads:

AMENDMENT NO. 50

Representative Smith of Everett moves to amend House Bill 4054 in line 54, by striking out “who has been a member” inserting in place thereof “who becomes a member” and on line 55 by striking out “has received” inserting in place thereof “receives”