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ACTS
of 2004
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Chapter
149 of the Acts of 2004
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Commonwealth
Budget: Major Pension-Related
Outside Sections
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Section
15 Notifications
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| Section
63 |
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Section
59 of chapter 30,
as so appearing,
is here by amended
by inserting after
the word “him”,
in line 26, the
following words:
-, subject to the
provisions of section
15 of chapter 32.
The employer of
any person so suspended
shall immediately
notify the retirement
system of which
the person is a
member of the suspension
and shall notify
the retirement board
of the outcome of
any charges brought
against the individual.
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Summary:
This section requires
the employer (Commonwealth)
to notify the
retirement board
of a suspension
of a person under
indictment and
of the outcome
of the incident.
The purpose is
to assist the
retirement boards
in implementing
G.L. c. 32, Section
15.
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| Section
79
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Section
15 of said chapter
32, as so appearing,
is hereby amended
by adding the following
subsection: -
(5) If the attorney
general or any district
attorney becomes
aware of a final
conviction of a
member of a retirement
system under circumstances
which may require
forfeiture of said
member’s rights
to a pension, retirement
allowance, or a
return of his accumulated
total deductions
pursuant to this
chapter, sections
58 or 59 of chapter
30 or section 25
of chapter 258A,
he shall immediately
notify the commission
of such conviction. |
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Summary:
This section requires
the Attorney General
or any District
Attorney to notify
PERAC of a conviction
of a person whose
retirement allowance
or annuity account
could be impacted
pursuant to G.L.
c. 32, G.L. c.
30, Sections 58
or 59 or G.L.
268A, Section
25. The purpose
is to assist the
retirement boards
in implementing
G.L. c . 32, Section
15.
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| Section
210 |
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Section
25 of chapter 268A
of the General Laws,
as appearing in
the 2002 Official
Edition, is here
by amended by inserting
after the word “him”,
in line 28, the
following words:
- , subject to section
15 of chapter 32.The
employer of a person
so suspended shall
immediately notify
the retirement system
of which the person
is a member of the
suspension and shall
notify the Retirement
board of the outcome
of any charges brought
against the individual. |
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Summary:
This section requires
the municipal
employer to notify
the retirement
board of a suspension
of a person under
indictment and
of the outcome
of the indictment.
The purpose is
to assist the
retirement boards
in implementing
G.L. c. 32, Section
15.
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Survivor
Age – Enrolled
in Educational Institutions
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| Section
71
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Section
7 of said chapter
32, as so appearing,
is hereby amended
by striking out
the word “eighteen”,
in line 88, and
inserting in place
thereof the following
words: - 18, or,
if over said age
and under age 22,
is a full-time student
at an accredited
educational institution,. |
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Summary:
This section,
along with Sections
72, 73, 74, 75,
76, 83, 84, and
87 brings consistency
to the ages for
eligibility for
various dependents’
benefits.
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| Section
72 |
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Said
section 7 of said
chapter 32, as so
appearing, is here
by further amended
by striking out
the word “twenty-one”,
in line 97 and inserting
in place there of
the figure: - 22. |
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| Section
73 |
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Section
9 of said chapter
32, as so appearing,
is hereby amended
by striking out
the word “eighteen”,
in line 55, and
inserting in place
thereof the following:
- 18, or are over
said age and under
age 22 and full-time
students at accredited
educational institutions,. |
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| Section
74 |
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Said
section 9 of said
chapter 32, as so
appearing, is hereby
further amended
by striking out
the word “eighteen”,
in line 60, and
inserting in place
thereof the following:
- 18, or is over
said age and under
age 22 and is a
full-time student
at an accredited
educational institution,. |
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| Section
75 |
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Said
section 9 of said
chapter 32, as so
appearing, is hereby
further amended
in paragraph (c)
of subdivision (2)
by inserting at
the end of said
paragraph (c) the
following new sentences:
-The words “full-time
student” shall
mean a child who
is in full-time
attendance in an
accredited educational
institution offering
full-time courses
of study equivalent
to or higher than
secondary school
study. The words
“accredited
educational institution”
shall mean any school,
college, or university
that is licensed,
approved or accredited,
as the case may
be, in the state
in which it is located. |
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| Section
76 |
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Said
section 9 of said
chapter 32, as so
appearing, is hereby
further amended
by striking out
the word “twenty-one”,
in each of lines
73 and 79, and inserting
in each place thereof
the figure: - 22. |
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| Section
78 |
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Section
12B of said chapter
32, as so appearing,
is hereby amended
by striking out
the word “twenty-one”,
in lines 36 and
37, and inserting
in place thereof
the figure: - 22. |
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| Section
83 |
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Section
26 of said chapter
32 of the General
Laws, as appearing
in the 2002 Official
Edition, is hereby
amended by striking
out the word “eighteen”,
in line 51, and
inserting in place
thereof the following:-
18, or, if over
said age and under
age 22, who is a
full-time student
at an accredited
educational institution,. |
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| Section
84 |
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Said
section 26 of said
chapter 32, as so
appearing, is hereby
further amended
by striking out
the word “twenty-one”,
in line 57, and
inserting in place
thereof the figure:-
22. |
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| Section
87 |
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Section
100 of said chapter
32, as so appearing,
is hereby amended
by striking out
the word “twenty-one”,
in line 32, and
inserting in place
thereof the figure:
- 22. |
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Death
Benefits
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| Section
77
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Subdivision
(1) of section 12
of chapter 32 of
the General Laws,
is hereby amended
by striking out
the second sentence,
as amended by section
17 of chapter 306
of the Acts of 1996,
and inserting in
place thereof the
following sentence:-
Any member who is
retired for disability
under the provisions
of section six,
section seven or
who is retired under
the provisions of
subdivision (2)
of section twenty-six,
may elect to have
his allowance paid
in accordance with
the terms of option
(a), option (b),
or option (c), provided,
however, that, in
the event that the
surviving eligible
beneficiary of said
member, under said
option (c), is eligible
for a benefit under
section nine, said
beneficiary shall
elect to receive
either a benefit
pursuant to option
(c) or a benefit
pursuant to said
section nine, but
in no event shall
said beneficiary
be eligible for
both benefits. |
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Summary:
This section will
eliminate the
possibility that
a single beneficiary
could receive
two benefits (the
Option C survivor
benefit and the
death benefit
provided for in
G.L. c. 32, Section
9) as the result
of the death of
a member. This
section would
require the Option
C beneficiary
who is also eligible
for the Section
9 benefit to select
one benefit. If
theOption C beneficiary
and the eligible
Section 9 beneficiary
are different
persons, two benefits
would be paid.
The possibility
of the same person
receiving two
benefits will
remain for those
persons who were
named as Option
C beneficiaries
between November
7, 1997 and the
effective date
of this provision.
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91A
Termination of Benefits
on Non-Compliance
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| Section
85
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Section
91A of Chapter 32
of the General Laws
is hereby amended
by striking the
words “cease
and shall in no
event be reinstated”
as they appear in
lines 14 and 15
of the 2002 Official
Edition and inserting
inplace thereof
the word “terminate”.
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Summary:
This section (along
with Section 86)
amends G.L. c.
32, Section 91A
so that the allowance
of a disability
retiree who does
not file the annual
statement required
by the section
could be terminated
for the period
of non-compliance.
Written notice
to the member
and an opportunity
to be heard by
the appropriate
retirement board
is required before
the allowance
is actually terminated.
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| Section
86 |
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Said
section 91A of
said chapter 32
of the General
Laws, as so appearing,
is hereby further
amended by adding
the following
new sentence:
-A member shall
not be entitled
to recover a retirement
allowance for
any period during
which the member’s
rights in and
to his retirement
allowance were
terminated for
failure to submit
a statement to
the commission
under this section.
After written
notice and opportunity
to be heard by
the board, termination
of a member’s
rights in and
to a retirement
allowance for
failure to submit
a statement to
the commission
shall be considered
by the board to
be effective as
of the date that
such statement
was due to be
submitted to the
board. If a retirement
allowance was
paid to a member
for any period
during which such
member’s
rights in and
to a retirement
allowance were
terminated for
failure to submit
a statement to
the commission,
such member shall
refund the portion
of his retirement
allowance attributable
to such period.
Note:
The language
in this section
differs from the
PERAC proposed
language, yet
accomplishes the
objective of the
PERAC proposed
item.
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Definition
of Actuarial Equivalent
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| Section
67
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Said
section 1 of said
chapter 32, as so
appearing, is hereby
further amended
by striking the
definition of “Actuarial
equivalent”
and inserting in
place thereof the
following definition:
-“Actuarial
equivalent”,
any benefit of equal
value when computed
upon the basis of
a mortality table
to be selected by
the actuary and
an interest rate
determined by the
actuary.
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Summary:
This section amends
the definition
of “actuarial
equivalent”
to allow the PERAC
Actuary to adopt
a mortality table
and an interest
rate. Section
336 requires the
Actuary to adopt
the mortality
table within 180
days of the effective
date of the act.
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Mortality
Table and Interest Rate
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| Section
336 |
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Notwithstanding
the provisions of
any general or special
law to the contrary,
the public employee
retirement administration
commission shall
review the current
combined table of
mortality and select
a new table of mortality
within 180 days
of the effective
date of this act.
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Summary:
Section 67 amends
the definition
of “actuarial
equivalent”
to allow the PERAC
Actuary to adopt
a mortality table
and an interest
rate.This section
requires the Actuary
to adopt a mortality
table within 180
days of the effective
date of the act.
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Reinstatement
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| Section
88
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Said
chapter 32 is hereby
further amended
by adding the following
new section:—
Section
105. (a) Any member
retired under
the provisions
of section 5 or
section 10 shall
be eligible to
be reinstated
in a retirement
system established
under this chapter,
if the retired
member repays
to the system
from which he
retired an amount
equal to the total
amount of any
retirement allowance
received by the
retired member,
together with
actuarial assumed
interest thereon.
Such payment shall
be made in one
lump sum or in
installments as
the board shall
prescribe. Upon
such reinstatement,
regular deductions
shall be made
from regular compensation
pursuant to paragraphs
(b) and (b½)
of subdivision
(1) of section
22, for the purposes
of which, the
member’s
date of entry
into service shall
be the date such
member waived
his retirement
allowance or the
date of reinstatement,
whichever occurs
earlier. Upon
completion of
such payment,
the member shall
be entitled to
creditable service
for all periods
of service for
which deductions
were made from
the member’s
regular compensation.
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