Session Laws

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to immediately provide certain benefits to certain persons who are reservists in the armed forces of the United States or the national guard called to active service, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.

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. The third paragraph of section 8 of chapter 32A of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by inserting after the second sentence the following sentence:- If an employee has been granted a military leave of absence because said employee is a member of the army national guard or air national guard, or a reservist in the armed forces of the United States called to active service in the armed forces of the United States subsequent to August second, nineteen hundred and ninety, for purposes of this chapter he shall be deemed to have been granted leave without pay, and subject to the rules and regulations of the commission, said employee shall make payment of the portion of the total monthly premium or rate that would otherwise have been deducted from his salary, wages or other compensation.

SECTION 2. Said third paragraph of said section 8 of said chapter 32A, as so appearing, is hereby further amended by adding the following sentence:- For purposes of this section, the term "active service" shall not include active duty for training in the army national guard or air national guard or as a reservist in the armed forces of the United States.

SECTION 3. Chapter 32B of the General Laws is hereby amended by inserting after section 9H, as so appearing, the following section:-

Section 9I. A governmental unit which has accepted the provisions of section ten and which accepts the provisions of this section as hereinafter provided, shall consider an employee on a military leave of absence because said employee is a member of the army national guard or air national guard or a reservist in the armed forces of the United States called to active service in the armed forces of the United States, for the purposes of this chapter, to be deemed to have been granted leave without pay, and subject to the rules and regulations of the appropriate public authority, said employee shall make payment of the portion of the total monthly premium or rate that would have otherwise been deducted from his salary, wages or other compensation.

For purposes of this section, the term "active service" shall not include active duty for training in the army national guard or air national guard or as a reservist in the armed forces of the United States.

This section shall take effect in a county, except Worcester county, city, town or district upon its acceptance in the following manner:- in a county by vote of the county commissioners; in a city having a Plan D or Plan E charter by majority vote of its city council; in any other city by vote of its city council, approved by the mayor; in a district, except as hereinafter provided, by vote of the registered voters of the district at a district meeting; in a regional school district by vote of the regional district school committee; in a veterans' services district by vote of the district board; in a health district established under section twenty-seven A of chapter one hundred and eleven by vote of the joint committee; and in a town by vote of the town meeting or town council.

SECTION 4. Notwithstanding the provisions of chapter one hundred and twelve of the General Laws or any other general or special law to the contrary which governs registration of professions or occupations, a professional or occupational license, registration or certificate held by a member of the army national guard or air national guard or a reservist in the armed forces of the United States called to active service in the armed forces of the United States since August second, nineteen hundred and ninety which has expired or shall expire while the holder thereof is on such active service shall continue in force as a valid license, registration or certificate under which the holder thereof shall be authorized to exercise all rights until the expiration of three months after such holder is released from such active service; provided, however, that the holder shall provide written proof of such active service upon request by an appropriate authority. After said three month extension period the holder of any such license, registration or certificate shall have an additional three month period to renew such license, registration or certificate to the same extent as though the application for such renewal were made upon the expiration of such license, registration or certificate; and, provided further, that such license, registration or certificate shall no longer be valid and the holder thereof shall not exercise any rights thereunder during said period.

No fee shall be charged or collected for said extension period. In order to renew such license, registration, or certificate the holder thereof shall comply with all applicable requirements for such renewal and shall provide written proof of such active service to the appropriate licensing authority.

For purposes of this section, the term "active service" shall not include active duty for training in the army national guard or air national guard or as a reservist in the armed forces of the United States.

SECTION 5. A student at a state institution of higher education unable to complete a term because he is a member of the army national guard, or air national guard, or a reservist in the armed forces of the United States called to active service in the armed forces of the United States since August second, nineteen hundred and ninety, shall:

(1) be granted the option by the institution he was attending to make up the credits he lost for the term in which he was called to active service at no additional expense or be granted a full refund of tuition for said term;

(2) be granted the option of either non-punitive withdrawals or withdrawals without record in all courses from which he is required to withdraw;

(3) be entitled if he resided in student housing to receive refunds on a pro rata basis for the remainder of the semester. In order to receive such refund he shall notify the appropriate authorities of the institution that he has been called to active service. The notification date, or the date that he leaves student housing for active service, whichever is the later, shall be used to determine the pro rata reduction;

(4) be entitled to receive refunds on a pro rata basis for the remainder of the semester for any campus fees he has paid to the institution, including, but not limited to, meal plans;

(5) provide to the registrar or dean of students, as soon as possible, but not later than three months from the date of his release from active service, a copy of the order to active service in order to receive any of the benefits provided in this section; and

(6) be given priority in enrollment in the program of his choice upon return to the institution for the two semesters immediately following his discharge from active service or from hospitalization due to his active service.

The president of such institution may waive or suspend in regard to a student covered by this section any institutional policy or regulation that negatively impacts a student in his withdrawal or subsequent readmission to the institution due to a call to active service.

For purposes of this section, the term "active service" shall not include active duty for training in the army national guard or air national guard or as a reservist in the armed forces of the United States.

SECTION 6. Nothing contained in this act shall be deemed to affect or impair any other rights which a person eligible under this act may have pursuant to any other general or special law or any federal law.

SECTION 7. Sections one and two and sections four to six, inclusive shall take effect as of August second, nineteen hundred and ninety.