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Involuntary Retirement

Guide to Disability Retirement Benefits for Massachusetts Public Employees Regardless of Membership Date

Table of Contents

Involuntary Retirement

  • Does my department head have the right to file an application to retire me?

    Your department head may file an application to retire you (Group 1, Group 2, or Group 4 members) upon the basis of disability (or superannuation). The minimum creditable service and age requirements that are applied to applications filed by members also apply to retirement applications initiated by an employer.
  • How does the process begin, and do I have any immediate recourse if I feel I should not be retired?

    Your department head will file an Involuntary Retirement Application with your retirement board, which requires no information or any statement from you. A copy of this form must be sent to you simultaneously. Some members may request a hearing before the retirement board within 15 days of receiving a copy of the form. Whether you have the right to ask for a hearing depends upon certain factors which are outlined below.
  • Members Prior to April 2, 2012
    If you were a member before April 2, 2012, and you are a member-in-service classified in Group 1, Group 2, or Group 4 who has attained age 55 and who has completed 15 or more years of creditable service, or if you haven't attained age 55 but have completed 20 or more years of creditable service, you may request a hearing before your retirement board.
  • Individuals Who Became Members On or After April 2, 2012
    If you became a member of a retirement system on or after April 2, 2012, and you are a member-in-service classified in Group 1, Group 2 or Group 4 who has attained age 60 and completed 15 or more years of creditable service, or if you haven't attained age 60 but have completed 20 or more years of creditable service, you may request a hearing before your retirement board.
  • Will the process include a medical examination and evaluation?

    If you are not entitled to an initial hearing and/or the board accepts the appropriateness of the disability application, the involuntary process will continue through the same medical evaluation process that governs a voluntary application for a disability retirement.
  • District Court Review
    Any Group 1, Group 2, or Group 4 member who has been involuntarily retired and has attained age 55 and completed 15 or more years of creditable service, or any member so classified who has not attained age 55 but who has completed 20 or more years of creditable service, or any such member who is a veteran and has been granted 10 or more years of creditable service may seek review of such action in the district court in the district in which he or she resides within 30 days after the certification of the retirement board's decision.

 

Date published: July 1, 2015

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