PETITION OF:

SECTION 1. Section 18 of Chapter 32B of the General Laws, as appearing in the 2004 official edition, is hereby amended by striking out the entire section and inserting in place thereof the following new sections:-

Section 18 (a). In a governmental unit which has accepted the provisions of section ten and which accepts the provisions of this subsection, all retirees, their spouses and dependents insured or eligible to be insured under this chapter, if enrolled in medicare part A at no cost to the retiree, spouse or dependents or eligible for coverage thereunder at no cost to the retiree, spouse or dependents, shall be required to transfer to a medicare extension plan offered by the governmental unit under section eleven C or section sixteen; provided, that benefits under said plan and medicare part A and part B together shall be of comparable actuarial value to those under the retiree’s existing coverage. Each retiree shall provide the governmental unit, in such form as the governmental unit shall prescribe, such information as is necessary to transfer to a medicare extension plan. If a retiree does not submit the information required, he shall no longer be eligible for his existing health coverage. The governmental unit may from time to time request from any retiree, a retiree’s spouse and dependents, proof certified by the federal government of their eligibility or ineligibility for medicare part A and part B coverage. The governmental unit shall pay any medicare part B premium penalty assessed by the federal government on said retirees, spouses and dependents as a result of enrollment in medicare part B at the time of transfer into the medicare health benefits supplemental plan.

This subsection shall take effect in a county, except Worcester county, city, town or district upon its acceptance in the following manner: In a county, by vote of the county commissioners; in a city having a Plan D or Plan E charter, by a majority vote of its city council; in any other city, by vote of its city council, approved by the mayor; in a district, except as hereinafter provided, by vote of the registered voters of the district at a district meeting; in a regional school district, by vote of the regional district school committee; and in a town, either by vote of the town at a town meeting or, by a majority of affirmative votes cast in answer to the following question which shall be printed upon the official ballot to be used at an election of said town – “Shall the town require that all retirees, their spouses and dependents who are enrolled in medicare part A at no cost to a retiree, their spouse or dependents, or eligible for coverage thereunder at no cost to a retiree, their spouse or dependents, be required to enroll in a medicare health benefits supplement plan offered by the town?”

Section 18 (b). In a governmental unit which has accepted the provisions of section ten and which accepts the provisions of this subsection, all health benefit eligible retirees who retire after the governmental unit’s acceptance of this subsection, their spouses and dependents insured or eligible to be insured under this chapter, if enrolled in medicare part A at no cost to the retiree, spouse or dependents or eligible for coverage thereunder at no cost to the retiree, spouse or dependents, shall be required to transfer to a medicare extension plan offered by the governmental unit under section eleven C or section sixteen; provided, that benefits under said plan and medicare part A and part B together shall be of comparable actuarial value to those under the retiree’s existing coverage. Each benefit eligible individual who retires after the governmental unit’s acceptance of this subsection shall provide the governmental unit, in such form as the governmental unit shall prescribe, such information as is necessary to transfer to a medicare extension plan. If such a retiree does not submit the information required, the retiree shall no longer be eligible for his existing health coverage. The governmental unit may from time to time request from any retiree who retires after the governmental unit’s acceptance of this subsection, and/or the retiree’s spouse and dependents, proof certified by the federal government of their eligibility or ineligibility for medicare part A and part B coverage. The governmental unit shall pay any medicare part B premium penalty assessed by the federal government on said retirees, spouses and dependents as a result of enrollment in medicare part B at the time of transfer into the medicare health benefits supplemental plan. Notwithstanding anything in this subsection to the contrary, no retiree, their spouse or dependent, shall be required to enroll in medicare part B and a medicare extension plan if said requirement would require the retiree to purchase a separate non-medicare extension plan in order to provide coverage for a non-medicare eligible spouse or dependent.

No retiree, their spouse or dependent, who retires prior to the acceptance of this subsection by a governmental unit, shall be subject to the provisions of this subsection, except as provided herein. Any retiree, their spouse or dependent, retired prior to a governmental unit’s acceptance of this subsection, shall be eligible for benefits under this chapter as if this subsection had not been accepted by the governmental unit, provided that any health benefit eligible retiree, their spouse and dependents insured or eligible to be insured under this chapter, if enrolled in medicare part A at no cost to the retiree, spouse or dependents or eligible for coverage thereunder at no cost to the retiree, spouse or dependents, may voluntarily enroll in a medicare extension plan offered by the governmental unit under section eleven C or section sixteen under the same terms as are available to any retiree, spouse or dependent under this subsection. If any such eligible retiree, their spouse or dependents voluntarily enrolls in such a medicare extension plan, said individual shall no longer be eligible to participate in any other group health insurance benefits available to active employees under this chapter.

This subsection shall take effect in a county, except Worcester county, city, town or district upon its acceptance in the following manner: In a county, by vote of the county commissioners; in a city having a Plan D or Plan E charter, by a majority vote of its city council; in any other city, by vote of its city council, approved by the mayor; in a district, except as hereinafter provided, by vote of the registered voters of the district at a district meeting; in a regional school district, by vote of the regional district school committee; and in a town, either by vote of the town at a town meeting or, by a majority of affirmative votes cast in answer to the following question which shall be printed upon the official ballot to be used at an election of said town – “Shall the governmental unit require that all individuals who retire after the governmental unit’s acceptance of this subsection and their spouses and dependents who are enrolled in medicare part A at no cost to a retiree, their spouse or dependents, or eligible for coverage thereunder at no cost to a retiree, their spouse or dependents, be required to enroll in a medicare health benefits supplement plan offered by the governmental unit?”

SECTION 2. This act shall take effect upon its passage