Commonwealth of Massachusetts | Public Employee Retirement Administration Commission
Five Middlesex Avenue, Suite 304, Somerville, MA 02145
Ph 617 666 4446 | Fax 617 628 4002 | TTY 617 591 8917 | www.mass.gov/perac
Domenic J. F. Russo, Chairman | A. Joseph DeNucci, Vice Chairman
Mary Ann Bradley | Paul V. Doane | James M. Machado | Donald R. Marquis | Robert B. McCarthy
Joseph E. Connarton, Executive Director
M E M O R A N D U M
TO: All Retirement Boards
FROM: Joseph E. Connarton, Executive Director
RE: Uncompensated Time as an Elected Official or Library Trustee
DATE: September 16, 2009
As you are aware, Chapter 21 of the Acts of 2009 repealed G.L. c. 32, §§ 4(1)(o) and 4(1)(o ½). Section 4(1)(o) had permitted the purchase of uncompensated service as an elected official in some circumstances. Section 4(1)(o ½) had permitted the purchase of uncompensated library trustee service in some circumstances. The Legislature also added a new Section 4(1)(o), which is not the subject matter of this memorandum.
Questions have arisen regarding how to implement the repeal of these two provisions of Chapter 32. First, we have been asked about whether those persons who have previously purchased the service may retain such service. The answer to this question is yes, so long as they met all the criteria contained in those sections of the law and completed payment of the service prior to July 1, 2009.
Second, we have been asked if people who were otherwise eligible to buy this service could still purchase such service occurring up through June 30, 2009. The answer to this question is no. Simply put, there is no longer any mechanism in the statute which would permit such service to be purchased after the date of the repeal of these two sections. Such a service purchase may no longer be accepted by the board.
We trust this will help clear up any confusion which may have existed regarding this issue. Thank you for your attention to this matter.