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 65D, as appearing in the 1988 Official Edition, the following section:-

Section 65D 1/2. Notwithstanding any provision of this chapter to the contrary, any member inactive of a retirement system appointed by the governor to a position as a chief justice, justice, associate justice, judge, associate judge or special justice may elect within thirty days of such appointment to become a member in service of the system pertaining to the position to which he is appointed, subject to the provisions of sections sixty-five A to sixty-five D, inclusive; provided, however, that any such member inactive who is receiving or had received a retirement allowance shall repay into the system from which he is receiving or had received such allowance the total amount of any such allowance received from the date of his retirement to the date of his again becoming a member in service.

SECTION 2. The provisions of this act shall apply to any inactive member of a retirement system serving in an appointed office as described in said section sixty-five D 1/2 of chapter thirty-two of the General Laws on or after the effective date of this act, and making the election provided for in said section sixty-five D 1/2 within thirty days of said effective date or of said appointment, whichever is later. Any such inactive member so serving and electing shall pay to the annuity savings fund of the system pertaining to the position to which he is appointed an amount equal to that which would have been withheld as regular deductions from his regular compensation, together with regular interest thereon, for the period of his service in such appointed office prior to such election, had such service been rendered as an active member of of said system. Upon completion of such payments, which shall be made in one sum or in installments, as the state retirement board shall prescribe, such member shall receive service credit for said period of service. In the event any new retirement allowance becomes effective for him before the completion of such payment, such member shall, in addition to credit for his actual membership service rendered since the date of such election, be entitled to credit for that proportion of said period which the total amount of payments actually made, together with regular interest thereon to the date his allowance becomes effective, bears to the total amount of what such payments, together with regular interest thereon to the effective date such allowance becomes effective would have been had the member made payment thereof in one sum on the effective date of such allowance.