Section 85
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 in place thereof the word “terminate”.
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.
Section 86
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.