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General Court
Legislative Update 
   CHAPTER 36 OF THE ACTS OF 2012: PENSION-RELATED CHANGES TO CHAPTER 176 OF THE ACTS OF 2011
 
  
  • SECTION 6. Paragraph (g3/4) of subdivision (1) of section 4 of said chapter 32, inserted by section 10 of chapter 176 of the acts of 2011, is hereby amended by striking out the words "retired member of the Boston Teachers Retirement System" and inserting in place thereof the following words:- member who retired as a teacher from the State-Boston Retirement System.

  • SECTION 7. Paragraph (f) of subdivision (2) of section 5 of said chapter 32, added by section 18 of said chapter 176, is hereby amended by striking out the word “excluding” and inserting in place thereof the following word:- from.

  • SECTION 8. Paragraph (ii) of subdivision (4) of said section 5 of said chapter 32, as amended by section 21 of chapter 176, is hereby further amended by striking out the words “January 1” and inserting in place thereof the following words:- April 2.

  • SECTION 9.  Section 15 of said chapter 32, as amended by section 31 of said chapter 176, is hereby further amended by adding the following subdivision:-

  • (7) In no event shall any member be entitled to receive a retirement allowance under sections 1 to 28, inclusive, which is based upon a salary that was intentionally concealed from or intentionally misreported to the commonwealth, or any political subdivision, district or authority of the commonwealth, as determined by the commission.  If a member intentionally concealed compensation from or intentionally misreported compensation to an entity to which the member was required to report the compensation, even if the reporting was not required for purposes of calculating the member’s retirement allowance, the member’s retirement allowance shall be based only upon the regular compensation actually reported to that entity or the amount reported to the board, whichever is lower. Unless otherwise prohibited by law, such member shall receive a return of any accumulated total deductions paid on amounts in excess of the compensation actually reported, but no interest shall be payable on the accumulated deductions returned to the member.

  • SECTION 10. The definition of “Services” in Section 23B of said chapter 32, as appearing in section 42 of said chapter 176, is hereby amended by inserting after the words “employment agreements” the following words:- , contingency fee agreements.

    This section was vetoed by Governor Patrick.
  • SECTION 11. Section 91 of said chapter 32 is hereby amended by striking out the word “year”, as appearing in section 50 of said chapter 176, and inserting in place thereof the following words:- 12 months.

  • SECTION 42: Section 6 of Chapter 176 of the acts of 2011 is hereby repealed.

Section 6 of the Acts of 2011

SECTION 6. The first sentence of the definition of “regular compensation” in said section 1 of said chapter 32, as so appearing, is hereby amended by inserting after the word “date” the following words:- ; provided, however, that if the employee receives compensation for wages in whatever form from the federal government and such wages were not reported to any employing authority, such wages shall not be counted as regular compensation for the purposes of the benefits provided in this chapter.

  • SECTION 43. The last paragraph of section 56 of said chapter 176 is hereby amended by striking out the words “April 15, 2012” and inserting in place thereof the following words:- November 30, 2012.

This section extends the reporting date of the Study Commission on Pension Classification.

  • SECTION 44. The last paragraph of Section 58 of said chapter 176 is hereby amended by striking out the words “March 1, 2012” and inserting in place thereof the following words:- November 30, 2012.

This section extends the reporting date of the Study Commission on OPEB.

  • SECTION 45. Subsection (6) of section 60 of said chapter 176 is hereby amended by striking out the words “paragraph (4)” and inserting in place thereof the following words:- subsection (5).

  • SECTION 50.  Section 9 shall apply to any member under chapter 32 of the General Laws for whom a retirement allowance has not been finally approved before the effective date of this act. 

  • SECTION 51: Sections 6 and 11 shall take effect on April 2, 2012.

  • SECTION 52: Sections 7 to 10, inclusive, and 42 to 44, inclusive, shall take effect on February 13, 2012.
 
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