Session Laws

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Chapter 32 of the General Laws is hereby amended by inserting after section 90G the following section:-

Section 90H. Any member in service, classified in an occupation or position classification in Group 2 or Group 4, except such occupations or position classifications as shall be excepted by the personnel administrator, after consultation with the secretary of the executive office of public safety, where said administrator determines by regulation that age is a bona fide occupational qualification, shall continue in service, at such member's option, notwithstanding the fact that he has attained age sixty-five; provided, however, that he is mentally and physically capable of performing the duties of his office or position. Any such member between age sixty-five and seventy shall certify annually to the retirement board his continuing capacity to perform said duties; provided, however, that the appointing authority may require such member to be examined by an impartial physician designated by the retirement authority to determine such capability. Any such member after age seventy shall annually, at his own expense, be examined by an impartial physician designated by the retirement authority to determine such member's continuing capability of performing the duties of his office or position. Deductions shall be made from the regular compensation of any such member between age sixty-five and seventy and upon retirement such member shall receive a superannuation retirement allowance, or a veteran's pension allowance, as applicable, equal to that to which he would have been entitled had he retired at age seventy or any earlier age upon which he actually retires. Any member between age sixty-five and seventy subject to an examination by an impartial physician pursuant to this section, who is not capable of continuing in service, shall be retired pursuant to this chapter for superannuation. An individual who is retired because he is found not capable of continuing to perform his duties shall not be presumed by virtue of such involuntary retirement to be disabled for pension purposes.

SECTION 2. Notwithstanding the provisions of section one, no member in the occupation or position classification of uniformed member of a paid fire department or uniformed member of a police department, or of the police force of the metropolitan district commission, or of the police force of the Massachusetts Bay Transportation Authority, or the capitol police, or member of the state police detectives appointed under section six of chapter twenty-two, or member of the uniformed branch of the registry of motor vehicles or department of fisheries and wildlife, as determined by the personnel administrator, or correctional officer, or permanent crash crewman, crash boatman, fire controlman, or assistant fire controlman employed at the General Edward Lawrence Logan International Airport, shall continue in service beyond the last day of the month in which he attains the age of sixty-five unless the personnel administrator, after consultation with the secretary of the executive office of public safety, shall have determined by regulation that age is not a reasonably necessary bona fide occupational qualification for service in said occupations or position classifications. For the purpose of promulgating the regulations provided for in this act, the personnel administrator shall conduct a study, to be completed not later than one year from the effective date of this act, to determine whether age continues to be a reasonably necessary bona fide occupational qualification for service in said occupations or position classifications.

Upon completion of said study, the personnel administrator shall conduct a further study to determine whether age is a reasonably necessary bona fide occupational qualification for service in any other occupations or position classifications set forth in Group 2 or Group 4 of clause (g) of subdivision (2) of section three of chapter thirty-two of the General Laws.