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. To provide for supplementing certain items in the general appropriation act and for certain other activities and projects, the sums set forth in sections two and three are hereby appropriated from the General Fund unless specifically designated otherwise in the items, for the several purposes and subject to the conditions specified therein, subject to the provisions of law regulating the disbursement of public funds and the conditions pertaining to appropriations in chapter one hundred and thirty-eight of the acts of nineteen hundred and ninety-one for the fiscal year ending June thirtieth, nineteen hundred and ninety-two or for such period as may be specified, the sums so appropriated to be in addition, unless otherwise specified, to any amounts available for the purpose.

SECTION 2. Notwithstanding the provisions of any general or special law to the contrary, the comptroller is hereby authorized and directed to transfer funds from item 1103-2200, originally received from the trial court and placed into the Final Contract account, so-called, to the items of appropriation listed below. The funds so transferred shall be for the purposes of and subject to the conditions stated in the line-items. The comptroller is further authorized and directed to submit to the house and senate committees on ways and means, not later than January first, nineteen hundred and ninety-two, an itemized list of all funds transferred into line-item 1103-2200, the line-items from which said funds were transferred, the purpose of said funds, and all relevant documentation including copies of contracts pertaining to said Final Contract account. `tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=66,13,tur

`tch `tc1 `ts Item `t+1 `tch;end `tc1 0330-2000 `tc4 For the salaries and expenses of certain law libraries `tc6 $684,250 `tc1 1599-3850 `tc4 For a reserve to meet the city of Chelsea's unanticipated unemployment costs incurred in fiscal year nineteen hundred and ninety-two which resulted due to the delay in approving the municipal budget for the city `tc6 $539,216 `tcol;end

SECTION 3. `tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=66,13,tur `t+1

`tch `tc1 `ts Item `t+1 `tch;end `tc3 PUBLIC SAFETY. `tc2 Massachusetts Emergency Management Agency. `tc1 8800-0033 `tc4 For the state share of disaster relief assistance connected with the October thirty, nineteen hundred and ninety-one, coastal storm; provided, that funds may be allocated from this item to the department of public welfare in accordance with an interagency agreement `tc6 $668,750 `tcol;end

SECTION 4. Section 2 of chapter 138 of the acts of 1991 is hereby amended in item 3722-8878 by striking after the word "commitments," the word:- contracts.

SECTION 5. Said section 2 of said 138 is hereby further amended in item 3722-8878 by striking out the words "; and provided further, that only contracts signed previous to June twenty-fourth, nineteen hundred and ninety-one shall be funded".

SECTION 6. Said section 2 of said chapter 138 is hereby further amended in item 7070-0065 by inserting after the words "within the commonwealth;" the following words:- provided, that students awarded full or partial scholarships under the Christian A. Herter Memorial Scholarship Program, as established in section sixteen of chapter fifteen A of the General Laws as most recently amended by chapter one hundred forty-two of the acts of nineteen hundred ninety-one, who have matriculated in a program of higher education outside the commonwealth may continue to receive the scholarship aid guaranteed by said program; provided further, that notwithstanding the provisions of any general or special law to the contrary, the state scholarship office is authorized to expend monies for senatorial honors scholarships authorized in the years nineteen hundred and eighty-eight and nineteen hundred and eighty-nine; provided further, that notwithstanding the provisions of any general or special law to the contrary, the state scholarship office is authorized to expend monies for public service awards, as established in said section sixteen of chapter fifteen A;.

SECTION 7. Said section 2 of said chapter 138 is hereby further amended in item 7077-0023 by inserting after the words "provided to the commonwealth", the following:- ; and provided further, that prior year costs may be paid from this item.

SECTION 8. Notwithstanding the provisions of line item 2100-0000 of section two of Chapter one hundred and thirty-eight of the acts of nineteen hundred and ninety-one, the department of environmental management shall not alter, renegotiate or otherwise affect the fees, licenses, permits, rents, leases or other aspects of the maintenance, operation, or administration of any skating rink operated by the department.

SECTION 9. Section 4 of chapter 560 of the acts of 1982 is hereby amended by striking out clause (e) and inserting in place thereof the following clause:-

(e) to encourage the use of said network by providing post-secondary institutions and other entities assistance in the development and production of educational and informational programming which meets the educational, cultural and economic needs of the entire population of the commonwealth.

SECTION 10. Paragraph (a) of section 12 of chapter 372 of the acts of 1984, as most recently amended by section 176 of chapter 150 of the acts of 1990, is hereby further amended by inserting in the fifth sentence after the word "billion" the following words:- three hundred million.

SECTION 11. Section 16 of said chapter 372, as most recently amended by section 177 of chapter 150 of the acts of 1990, is hereby further amended by inserting in the fourth sentence after the word "billion" the following words:- three hundred million.

SECTION 12. Section 2A of chapter 208 of the acts of 1988 is hereby amended by inserting after the word "equipment" in line 2 of item 1101-7893, the following:- "and for the costs associated with certain software development projects, including the salaries and wages of commonwealth employees who are assigned to the projects".

SECTION 13. For the purpose of making available for expenditure in the fiscal year nineteen hundred ninety-two the balance of the authorization which reverted on June thirtieth, nineteen hundred ninety-one, the unexpended balance of the bond-funded item 2120-8861 is hereby authorized for the fiscal year nineteen hundred ninety-two.

SECTION 14. (a) Notwithstanding the provisions of any general or special law to the contrary, employees who have chosen the option of continuing to work their furlough days unpaid through the temporary furlough period for receipt of a lump sum, and employees who have no option other than to continue to work their furlough days unpaid for receipt of a lump sum, shall be entitled, within thirty days of their retirement, termination or death, or by January thirty-first, nineteen hundred and ninety-two, whichever comes first, to said lump-sum payment, in an amount equal to said employee's per diem salary foregone as a result of furlough for the number of days required in subdivision (c), as that salary stood at the time of the furlough, or as it stands as of December thirty-first, nineteen hundred and ninety-one, or at the time of such retirement, termination or death prior to January thirty-first, nineteen hundred and ninety-two, whichever is greater that no such payment shall be made prior to fiscal year nineteen. The secretary of administration and finance is hereby authorized and directed to establish and implement a plan to carry out the provisions of this paragraph.

(b) Notwithstanding the provisions of section ninety of chapter six of the acts of nineteen hundred and ninety-one, or any other general or special law to the contrary, employees furloughed under the provisions of said section ninety of said chapter six, who chose the option of continuing to work their furlough days unpaid and receive a number of bonus vacation days in compensation thereof, as specified in subdivision (b) of said section ninety, and who have not used all of said bonus vacation days as of December thirty-first, nineteen hundred and ninety-one, shall be given the opportunity to decide anew whether to choose to receive a lump sum payment for their remaining uncompensated furlough days, each 1.25 unused bonus vacation days to be converted into one days compensation, or whether to receive their remaining unused bonus vacation days under the terms of subdivisions (b) and (d) of said section ninety. Each said employee shall elect finally in writing to his immediate manager by January seventeenth, nineteen hundred and ninety-two. All said employees who choose under the provisions of this section to receive a lump sum payment rather than their unused bonus vacation days, shall be entitled to said payment in a per diem amount equal to their compensation rate as it stood at the time of the furlough, or as it stands as of December thirty-first, nineteen hundred and ninety-one, whichever is greater. The determination of whether an employee has unused bonus vacation days will be based on section ninety of chapter six and the rules and regulations made pursuant to subdivision (b) of section ninety. For those branches, offices, departments, agencies or authorities that did not make rules and regulations pursuant to subdivision (b) of section ninety the determination of whether an employee has unused bonus vacation days will be based on Administrative Bulletin, executive office for Administration and Finance, 91-3. The commissioner of administration is hereby authorized and directed to implement the provisions of this paragraph by January thirty-first, nineteen hundred and ninety-two.

SECTION 15. The cost of any lump-sum payments required by section fourteen, which have not been made prior to the effective date of this act, shall be funded as provided in a reserve item established for the purpose in the executive office of administration and finance; provided, that it shall be in the discretion of the secretary of administration and finance to determine whether and to what extent any such reserve funds shall be made available to the university of Massachusetts, which furloughed its employees but did not transmit to the General Fund or to the commonwealth for deposit in the General Fund the savings in personnel expenditures yielded in its non-appropriated funds from said temporary furlough program; in the absence of reserve funds, said university shall fund the payments required by section two of this act, from said university's non-appropriated funds or from funds allocated to it from the appropriation in item 7100-0200 of section two of chapter one hundred and thirty-eight of the acts of nineteen hundred and ninety-one.

SECTION 16. Chapter 32 of the General Laws is hereby amended by striking out Section 28K, as appearing in the 1990 Official Edition, and inserting in place thereto the following section:-

Section 28K. Any employee of the commonwealth or its political subdivisions who is a full-time representative of an employee organization, which has included in its membership employees of the commonwealth or its political subdivisions shall, while on leave of absence for the purpose of acting as a full-time representative of said employee organization, be considered on leave of absence, without pay, for the period of his assignment as a full-time representative of such employee organization. Such employee shall, however, be credited with creditable service, an shall contribute each month to the retirement fund in an amount which he would have contributed had he remained in the service of the commonwealth or its political subdivisions. Such employee of the commonwealth or its political subdivisions shall be entitled to all benefits an privileges, except the payment of salary as provided under this chapter and chapters thirty, thirty-one, and thirty-two during the leave of absence.

SECTION 17. The second paragraph of section 1B of chapter 38 of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by striking out the fifth sentence and inserting in place thereof the following sentence:- His salary shall be set by the governor, and shall be commensurate with that of similar positions in comparable jurisdictions.

SECTION 18. Paragraph (g) of section 16C of chapter 118E of the General Laws, as amended by section 342 of chapter 138 of the acts of 1991, is hereby further amended by striking out the word "January" and inserting in place thereof the word:- July.

SECTION 19. Chapter 175 of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by adding after section 204 the following section:-

Section 205. Notwithstanding any provision of sections one hundred and eight, one hundred and ten, one hundred and ninety A, one hundred and ninety B and one hundred and ninety C of chapter one hundred and seventy-five to the contrary, no policy which provides supplemental coverage to medicare shall be delivered, issued for delivery or renewed unless the commissioner shall have approved the policy or certificate in writing nor unless the policy or certificate complies with standards promulgated by the commissioner for such policies and certificates provided, however, that nothing in this section shall be construed to apply to, affect or prohibit the issue of any general or blanket policy of insurance which provides supplemental coverage to medicare delivered, issued for delivery or renewed to: one or more employers or trade unions, the trustees of a fund established by one or more employers or trade unions, or a combination thereof, covering employees, former employees, or a combination thereof, or covering members or former members of the trade unions, or a combination thereof.

The commissioner shall promulgate regulations to implement this section.

SECTION 20. For the purposes of this act the words "public school employer" shall mean any school committee, regional school district, independent vocational school, county agricultural school or educational collaborative, unless the context clearly requires otherwise.

SECTION 21. Notwithstanding the provisions of chapter thirty-two of the General Laws or any general or special law to the contrary, a public school employer which accepts the provisions of this act, in cooperation with and upon the prescribed notification to the teachers' retirement board, established under the provisions of section sixteen of chapter fifteen of the General Laws, may establish and implement an early retirement incentive program for teachers, as defined in said chapter thirty-two; provided, that, in order to be deemed eligible by said board for any of the benefit options under such program, a teacher (i) is employed by a public school employer which has accepted the provisions of this act; (ii) shall have attained the age of fifty-five years on the date of his retirement requested in his written application with said board; (iii) shall have twenty-five years of creditable service as defined in section four of said chapter thirty-two upon said date of retirement; and (iv) shall have filed a written application in accordance with section fifteen of this act.

For the purposes of this act, words shall have the same meaning as in chapter thirty-two of the General Laws, unless otherwise expressly provided or unless the context clearly requires otherwise. Any teacher employed by a public school employer who retires under the provisions of this act shall be deemed to be retired for superannuation under the provisions of said chapter thirty-two and shall be subject to any and all provisions of said chapter.

SECTION 22. Notwithstanding so much of the provisions of section five of chapter thirty-two of the General Laws that require a retirement date within four months of the filing of an application for superannuation retirement, in order to receive the early retirement benefit provided by this act, any eligible teacher, shall file his application for retirement under the provisions of this act with the teachers' retirement board, on a form prescribed by said board, within the time period determined by such public school employer in accordance with the provisions of this act, which time period shall end no later than April first, nineteen hundred and ninety-three; provided that the retirement date requested shall be within the time period determined by such public school employer, which time period shall end not later than June thirtieth, nineteen hundred and ninety-three. The retirement date requested by any teacher under the provisions of this act shall be approved by his public school employer.

SECTION 22A. A) Notwithstanding the provisions of chapter thirty-two of the General Laws or of any general or special law to the contrary, and upon the acceptance of the legislative and executive authorities within the appropriate Massachusetts city, town, or county the provisions of Section 14 shall apply to those municipal or county employees who are Group one, Group two or Group four employees, as defined in section three of chapter thirty-two who are members of the appropriate municipal or county retirement system and who (i) shall be an employee of the municipality on the effective date of this subsection, (ii) shall be eligible to receive a superannuation retirement allowance in accordance with the provisions of section five of said chapter thirty-two or of section ten of said chapter thirty-two upon the date of his written application to said board, and (iii) shall have filed a written application after March fifteen, nineteen hundred and ninety-two but no later than June fifteen, nineteen hundred and ninety-two to hundred and ninety-one, (ii) shall be classified in Group one of said retirement system in accordance with the provisions of paragraph G of subdivision two of section three of said chapter thirty-two, (iii) shall be eligible to receive a superannuation retirement allowance in accordance with the provisions of subdivision one of section five of said chapter thirty-two or of subdivisions one of section ten of said chapter thirty-two upon the date of his written application to said board, and (iv) shall have filed a written application after March fifteen, nineteen hundred and ninety-two but no later than June fifteen, nineteen hundred and ninety-two to retire for superannuation as of a date which shall be specified in such application, provided that said date for retirement shall be no earlier than July one, nineteen hundred and ninety-two and no later than August one, nineteen hundred and ninety-two.

For the purpose of this act, words shall have the same meaning as in chapter thirty-two of the general laws, unless otherwise expressly provided or unless the context clearly provides otherwise. Any employee who retires and receives an additional benefit in accordance with the provisions of subsection (A) of this section shall be deemed to be retired for superannuation under the provisions of said chapter thirty-two and shall be so subject to any and all provisions of said chapter thirty-two. The state teachers' retirement board shall promulgate regulations to implement the provisions of this section.

B) The program shall be deemed to have been accepted by a city or town upon recommendation by the school committee and approval by the legislative and executive authorities of the city or town. The program shall be deemed to have been accepted by a regional school district upon the recommendation and approval of its school committee.

C) Any employee who is eligible for the retirement incentive program in accordance with the provisions of subsection (A) of this act may request in his application for retirement that the state teachers' retirement board credit him with additional retirement benefits in accordance with the provisions of this subsection, provided that each such employee shall request and receive up to four years of additional creditable service or up to four years additional years of age, for the purposes of determining his superannuation retirement allowance pursuant to the provisions of paragraph (A) subdivisions two of section five of said chapter thirty-two.

D) The state teachers' retirement system shall certify to the treasurer of the city, town, or regional school district which has accepted all subsections of this section and to the department of revenue, the amount of the annual retirement allowance due any and all teachers retiring from that city, town, or regional school district pursuant to this program during the first three years of said teacher's retirement beginning with the first year of retirement. The department of revenue shall deduct such amounts from the payments due to said city, town, or regional school district for periodic local reimbursement or assistance programs reported by the commissioner of revenue pursuant to section twenty-five A of chapter fifty-eight and shall transfer such payments to the pension fund of the teachers' retirement system.

E) The total normal yearly amount of the retirement allowance, as determined in accordance with the provisions of section five of chapter thirty-two, of any employee who retires and receives an additional benefit under the retirement incentive program in accordance with the provisions of this act shall not exceed four-fifths of the average annual rate of his regular compensation received during any period of three consecutive years of creditable service for which the rate of compensation was the highest or of the average annual rate of his regular compensation received during the periods, whether or nor consecutive constituting his last three years of creditable service preceding retirement, whichever is greater.

SECTION 23. Notwithstanding any provisions of said chapter thirty-two to the contrary and subject to the provisions of this section, the normal yearly amount of the retirement allowance for an eligible teacher who is employed by a public school employer which accepts the provisions of this act and who has paid the full amount of regular deductions on the total amount of regular compensation as determined under paragraph (a) of subdivision (2) of section five of said chapter thirty-two, shall be based on the average annual rate of regular compensation as determined under said paragraph (a) and shall be computed according to the table contained in said paragraph (a) based on the age of such member and his number of years and full months of creditable service at the time of his retirement increased by up to three years of age or by up to three years of creditable service or by a combination of additional years of age and service not exceeding three; provided however that the public school employer may limit the amount of additional credit for service or age or a combination of service or age offered and the number of such teachers for whom it will approve a retirement calculated under the provisions of this section; provided that the same amount of additional credit shall be offered to all participants during the time period determined in accordance with section fifteen of this act; and provided further that if participation is limited, the retirement of teachers with greater creditable service shall be approved before approval is given to teachers employees with lesser creditable service.

The provisions of this act shall be deemed to have been accepted by a public school employer upon notice filed with the said board, on a form prescribed by said board, that it is offering retirement under the provisions of this act, which notice shall describe the amount of additional credit being offered, any limitation in participation, the time period during which a teacher may apply, and the time period during which a teacher may request retirement.

SECTION 24. The actuarial present value of the additional benefits provided to any teacher retiring under the provisions of this act shall be funded by the public school employer from which the teacher retires over a period of years equal to the number of years of age, service, or combination of age and service credited to the teacher pursuant to the provisions of this act. The amount of the annual payment in each year shall be determined by the actuary for the teachers' retirement board and it shall be paid by the public school employer from which the teacher retires to the Commonwealth Pension Liability Fund.

SECTION 25. Notwithstanding the provisions of chapter 32 of the General Laws or of any general or special law to the contrary, the state retirement board, established under the provisions of section eighteen of chapter ten of the General Laws, shall establish and implement a retirement incentive for public employees, hereinafter referred to as the RIPE program, in accordance with the provisions of this act; provided, that, in order to be deemed eligible by said board for any of the benefit options under the RIPE program, an employee (i) shall be an employee of the commonwealth on the effective date of this act, (ii) shall have been a member in active service of the state retirement system on July first, nineteen hundred and ninety-one, (iii) shall be classified in Group 1 or Group 2 of said retirement system in accordance with the provisions of paragraph (g) of subdivision (2) of section three of said chapter thirty-two, (iv) shall be eligible to receive a superannuation retirement allowance in accordance with the provisions of subdivision (1) of section five of said chapter thirty-two or of subdivision (1) of section ten of said chapter thirty-two upon the date of his written application with said board, (v) shall not be serving as a chief justice or an associate of the supreme judicial court, a chief justice or any associate justice of the appeals court, or any justice of the trial court, and (vi) shall have filed a written application on or after January 15, 1992 but no later than April fifteenth, nineteen hundred and ninety-two to retire for superannuation as of a date which shall be specified in such application, provided that said date for retirement shall be no earlier than said January fifteenth and no later than April thirtieth, nineteen hundred and ninety-two. Said retirement incentive shall be limited to six thousand eligible employees as defined by this section.

Notwithstanding the foregoing, and in addition thereto, any justice of the supreme judicial court or any justice of the appeals court or any justice of the trial court of the commonwealth appointed prior to January second, nineteen hundred and seventy-five and thereby not subject to the contributory retirement provisions of section 65D of chapter thirty-two of the General Laws shall be eligible for a pension for life at an annual rate equal to three-fourths of the annual rate of salary payable to him at the time of such retirement. Any justice of the supreme judicial court or any justice of the appeals court or any justice of the trial court of the commonwealth appointed on or after January second, nineteen hundred and seventy-five and thereby subject to the contributory retirement provisions of same section 65D who has accrued a total of twelve years of judicial service and is at least sixty-two years of age shall be eligible for a pension for life at an annual rate equal to three-fourths of the annual rate of salary payable to him at the time of such retirement.

For the purposes of this act, words shall have the same meaning as in chapter thirty-two of the General Laws, unless otherwise expressly provided or unless the context clearly requires otherwise. Any employee of the commonwealth who retires and receives an additional benefit in accordance with the provisions of section twenty-six or section twenty-seven shall be deemed to be retired for superannuation under the provisions of said chapter thirty-two and shall be so subject to any and all provisions of said chapter thirty-two.

SECTION 26. Any employee who is eligible for the RIPE program in accordance with the provisions of section one of this act may request in his application for retirement that the state retirement board credit him with an additional retirement benefit in accordance with the provisions of this section, provided that each such employee shall request and receive a combination of years of creditable service and years of age, the sum of which shall not be greater than five years, for the purposes of determining his superannuation retirement allowance pursuant to the provisions of paragraph (a) of subdivision (2) of section five of said chapter thirty-two; and provided, further, that any such employee who requests and receives such additional retirement benefits under the provisions of this section shall not be eligible to receive the benefit established by the provisions of section twenty-seven of this act.

SECTION 27. Any employee who is eligible for the RIPE program in accordance with the provisions of section twenty-five may request in his application for retirement an additional compensation benefit in an amount equal to five hundred dollars for each full year of creditable service rendered by him as of January first, nineteen hundred and ninety-two; provided that such amount shall be paid to each such employee in equal installments over a period of five years beginning with the date of such employee's retirement; and provided, further, that any such employee who requests and receives such additional compensation benefit shall not be eligible to receive the benefit established by the provisions of section twenty-six.

SECTION 28. Notwithstanding so much of the provisions of section five of chapter thirty-two of the General Laws that requires a retirement date within four months of the filing of an application for superannuation retirement, or so much of the provisions of section twenty-five of this act that requires a retirement date no later than April thirtieth, nineteen hundred and ninety-two, and in an effort to protect the system of higher education from unnecessary disruption during the spring semester, any employee of an institution of higher education, as defined by the provisions of section three or paragraph (a) of section five B of chapter fifteen A of the General Laws, who is otherwise eligible for the RIPE program and who requests an additional benefit in accordance with the provisions of section twenty-six or section twenty-seven shall specify in his application for retirement a date for retirement which shall be on or after May first, nineteen hundred and ninety-two but no later than June thirtieth, nineteen hundred and ninety-two; provided that such application for superannuation retirement shall be filed on or after January fifteenth, nineteen hundred and ninety-two and no later than April fifteenth, nineteen hundred and ninety-two; and provided further that the appointing authority of each such employee shall approve such retirement date prior to the filing of such application with the state retirement board; provided, that no other provision in such employee's application for retirement shall be subject to such approval by such employee's appointing authority.

SECTION 29. Notwithstanding so much of the provisions of section five of chapter thirty-two of the General Laws that requires the specification of a retirement date within four months of the filing of an application for superannuation retirement, or so much of the provisions of section twenty-five that requires an eligible person to be an employee of the commonwealth on the effective date of this act and the specification of a retirement date no later than April thirtieth, nineteen hundred and ninety-two, in an effort to encourage the continuity of direct care in health care institutions that are scheduled to be closed or in positions that shall be privatized and to reward those workers who choose to remain in the service of any such institution that shall be so closing or position that shall be so privatized, any employee serving in a position which has been listed by the secretary of administration and finance in a report filed in accordance with the provisions of section forty-one, who is otherwise eligible for the RIPE program and who requests an additional benefit in accordance with the provisions of section twenty-six or section twenty-seven shall specify in his application for retirement a date for retirement which shall be no later than the closing date of such institution or the effective date of such privatization; provided that such application for superannuation retirement shall be filed on or after January fifteenth, nineteen hundred and ninety-two and no later than April fifteenth, nineteen hundred and ninety-two; and provided further that the appointing authority of each such employee shall approve such retirement date prior to the filing of such application with the state retirement board; provided, that no other provision in such employee's application for retirement shall be subject to such approval by such employee's appointing authority.

Any retired employee of the commonwealth whose former position shall be listed by said secretary in a report filed in accordance with the provisions of section forty-one and who retired on or after July first, nineteen hundred and ninety-one and prior to the effective date of this act upon the closing of such institution or privatization of such service and the abolition of such position may file an application to retire for superannuation and to be eligible for one of the additional benefits under the RIPE program in accordance with the provisions of section twenty-six or section twenty-seven of this act; provided that such application shall be filed with the state retirement board on or after January fifteenth, nineteen hundred and ninety-two but no later than April fifteenth, nineteen hundred and ninety-two; and provided, further, that upon the acceptance and approval of such application by the state retirement board in accordance with the provisions of this section, the retirement allowance of such employee shall be recalculated as of the date on which such employee retired to reflect such additional benefit and such employee shall thereupon receive such increased allowance together with an amount equal to the difference between the allowance the employee actually received from the date of retirement to the date of recalculation and the amount of the allowance which the employee would have received had such recalculated allowance been paid to such employee from the date of his retirement.

SECTION 30. The total normal yearly amount of the retirement allowance, as determined in accordance with the provisions of section five of chapter thirty-two, of any employee who retires and receives an additional benefit under the RIPE program in accordance with the provisions of this act shall not exceed four-fifths of the average annual rate of his regular compensation received during any period of three consecutive years of creditable service for which the rate of compensation was the highest or of the average annual rate of his regular compensation received during the periods, whether or not consecutive, constituting his last three years of creditable service preceding retirement, whichever is greater.

SECTION 31. The retirement allowance, pension, or annuity of every former employee of the commonwealth who shall have retired and received an additional benefit under the RIPE program in accordance with the provisions of this act shall not be subject to any cost of living adjustment authorized by the general court pursuant to the provisions of section one hundred and two of said chapter thirty-two of the General Laws payable on or before June thirtieth, nineteen hundred and ninety-seven.

SECTION 32. In accordance with the provisions of section one hundred and two of chapter thirty-two of the General Laws, the retirement allowance, pension, or annuity of every former employee of the commonwealth or any county, city, town, district, housing or redevelopment authority, the Massachusetts Turnpike Authority, the Massachusetts Port Authority, the Blue Hills Regional Vocational School System, the Greater Lawrence Sanitary District, the Minuteman Regional Vocational Technical School District or of the spouse or other beneficiary of any such former employee who is receiving a retirement allowance, pension or annuity shall, beginning July first, nineteen hundred and ninety-two, be increased by five percent; provided, however, that the reimbursement of local retirement systems for such cost of living adjustment shall be made from the RIPE reserve account established in accordance with the provisions of section thirty-four.

SECTION 33. The commissioner of public employee retirement administration shall analyze, study, and valuate the costs attributable to the additional benefits payable under the RIPE program in accordance with the provisions of section twenty-six and section twenty-seven of this act and the payment of a cost of living adjustment in accordance with the provisions of section thirty-two; provided that said commissioner shall file the report with the joint committee on public service and the house of representatives and senate committees on ways and means on or before May twenty-ninth, nineteen hundred and ninety-two.

SECTION 34. The secretary of administration and finance shall prepare a funding schedule to reflect the costs and liabilities attributable to the additional benefits payable under the RIPE program in accordance with the provisions of section twenty-six and section twenty-seven and to the payment of a cost of living adjustment in accordance with the provisions of section thirty-two which shall be designed to reduce the commonwealth's additional pension liability attributable to such costs and liabilities on or before June thirtieth, nineteen hundred and ninety-seven; provided, that in preparing such schedule, said secretary shall consider the analysis of the commissioner of public employee retirement administration filed in accordance with the provisions of section thirty-three of this act; and provided further, that said secretary shall annually update such schedule until said June thirtieth, nineteen hundred and ninety-seven. Said secretary shall file such funding schedule with the joint committee on public service and the house of representatives and senate committees on ways and means on or before July first, nineteen hundred and ninety-two and shall file updates thereto annually on or before March first of each year; provided that if within forty-five days of each such filing, none of the committees shall have taken action to disapprove such schedule or update thereto, such schedule or update shall be deemed to be approved; provided further, however, if such schedule is not so approved, said secretary shall review any comments made by such committees and prepare and submit another schedule in accordance with the provisions of this section; provided, further, that such other schedule shall be filed with the joint committee on public service and the house of representatives and senate ways and means committees within thirty days of such disapproval.

The secretary of administration and finance shall establish a RIPE reserve account which shall be used to reimburse the pension reserves investment management trust fund in accordance with the funding schedule and updates thereto established pursuant to the provisions of this section; provided that an amount equal to the sum of the salaries which would have been paid from payroll accounts to employees of the commonwealth who shall have retired and received an additional benefit under the RIPE program in accordance with the provisions of section twenty-six and section twenty-seven which shall not be expended for the purposes of such salary less any amounts payable to such employees from such payroll accounts during the fiscal year ending June thirtieth, nineteen hundred and ninety-two shall be withheld by said secretary under the provisions of section nine C of chapter twenty-nine of the General Laws for the purposes of said reserve account; and provided further that for each fiscal year beginning after said June thirtieth, nineteen hundred and ninety-two until said June thirtieth, nineteen hundred and ninety-seven, said secretary shall seek an appropriation in an amount equal to the sum of the salaries which would have been paid to employees who had retired and received additional benefits under the RIPE program less the sum of salaries paid to employees who were hired in accordance with the provisions of section thirty-seven and section thirty-nine; and provided further that said secretary shall continue to annually request such appropriations until said actuarial liability shall be reduced to zero.

SECTION 35. In each of five fiscal years until the actuarial liability determined under the provisions of section thirty-three shall be reduced to zero, it shall be deemed an obligation of the commonwealth to fund and there shall be appropriated to the RIPE reserve account established under the provisions of section thirty-four the amount necessary to fund such liability within said five fiscal years in accordance with the schedule established in accordance with the provisions of said section thirty-four.

SECTION 36. The state retirement board, established under the provisions of section eighteen of chapter ten of the General Laws, shall provide retirement counseling services to employees who choose to retire under the RIPE program. Said counseling shall include, but not be limited to, the following provisions: (i) the additional benefit options available under the RIPE program; (ii) the election of a retirement option under the provisions of section twelve of chapter thirty-two of the General Laws; (iii) restrictions on employment after retirement; (iv) the provision of health care benefits under the provisions of chapter thirty-two A of the General Laws; (v) the payment of cost of living adjustments to retirement allowances, including the provisions of section thirty-one; (vi) the effect of federal and state income taxation. Each such employee shall sign a sworn statement that he has received such counseling prior to the approval by the state retirement board of such employees application for superannuation retirement and additional benefits under said RIPE program.

SECTION 37. For any married employee who retires and receives an additional benefit under the RIPE program, an election of a retirement option under the provisions of section twelve of chapter thirty-two of the General Laws shall not be valid unless i) it is accompanied by the signature of the member's spouse indicating the member's spouse's knowledge and understanding of the retirement option selected, or ii) the spouse has received notice of such election. If any member who is married files an election which is not so accompanied the state retirement board shall within fifteen days notify the member's spouse by registered mail of the option election, and the election shall not take effect until thirty days following the date on which such notification is sent, and such election may be changed by the member at any time within said thirty days, or at any other time permitted under said chapter thirty-two. Nothing in this section shall be deemed to affect the effective date of any retirement allowance, but in the event of any election having been filed which is not so accompanied, the payment of any allowance so elected shall not be commenced earlier than thirty days after the sending by the retirement board of the notice required hereunder.

SECTION 38. Except as otherwise expressly provided by general or special law, no person shall be hired by a state agency, as defined by the provisions of section one of chapter six A of the General Laws, or office of the judiciary on a permanent or temporary basis to fill any position made vacant by the retirement of an employee under the RIPE program and receiving an additional benefit in accordance with the provisions of section twenty-six or section twenty-seven or any position that had been vacant on January first, nineteen hundred and ninety-two and the comptroller shall not authorize the payment of any regular compensation, including paid leave, vacations, salary in lieu of vacation, payments in lieu of maintenance, holiday pay, overtime pay and salary differentials from any account funded by an appropriation in section two, section two A or section two B of chapter one hundred and thirty-eight of the acts of nineteen hundred and ninety-one to any such person on or after January first, nineteen hundred and ninety-two until June thirtieth, nineteen hundred and ninety-three; provided, however that if the secretary of administration and finance shall determine that he needs to fill a seasonal position, as defined in section one of chapter thirty-one of the General Laws, excess quota position or other position that he shall have determined to be a "direct care" position, said secretary shall prepare a recommended list or lists of all such positions and shall file such list or lists with the senate and house of representatives committees on ways and means and may, subject to the approval of said list or lists by the house of representatives committee on ways and means, fill such positions prior to June thirtieth, nineteen hundred and ninety-three. No person shall be hired to fill a seasonal position, excess quota position or "direct care" position, so-called, in a state agency, as defined by the provisions of section one of chapter six A of the General Laws, or an office of the judiciary until it shall have been included on a list which shall have been approved by said committees.

If said secretary shall knowingly violate, or authorize or direct another to violate any provision of this section, he shall be punished by a fine of not more than one thousand dollars or by imprisonment in a jail or house of correction for not more than one year, or both.

SECTION 39. The secretary of administration shall list each position made vacant by the retirement of an employee under the RIPE program and receiving an additional benefit in accordance with the provisions of section twenty-six or section twenty-seven and shall file such list with the joint committee on public service on or before June first, nineteen hundred and ninety-two; provided that, for each such position, such list shall include the line-item of section two, two A or two B of chapter one hundred and thirty-eight of the acts of nineteen hundred and ninety-one in which such position is funded, the name of the state agency, as defined by the provisions of section one of chapter six A of the General Laws, which is funded by such line item, the classification title of such position, the salary range for such title and the salary payable to the person who so retired from such position.

If said secretary shall knowingly violate, or authorize or direct another to violate any provision of this section, he shall be punished by a fine of not more than one thousand dollars or by imprisonment in a jail or house of correction for not more than one year, or both.

SECTION 40. Except as otherwise expressly provided by general or special law, no person shall be hired by a state agency, as defined by the provisions of section one of chapter six A of the General Laws, or office of the judiciary on a permanent or temporary basis to fill any position made vacant by the retirement of an employee under the RIPE program and receiving an additional benefit in accordance with the provisions of section twenty-six or section twenty-seven or any position that had been vacant on January first, nineteen hundred and ninety-two and the comptroller shall not authorize the payment of any regular compensation, including paid leave, vacations, salary in lieu of vacation, payments in lieu of maintenance, holiday pay, overtime pay and salary differentials from any account funded by an appropriation in section two, section two A or section two B of chapter one hundred and thirty-eight of the acts of nineteen hundred and eighty-one to any such person on or after January first, nineteen hundred and ninety-two until June thirtieth, nineteen hundred and ninety-three; provided, however that if the secretary of administration and finance determines that a position is critical and essential to the operations of the services provided by the commonwealth he may include such position in a report which shall also include the following: (i) the classified title of each such position, (ii) the number of such positions listed in such report with such title, (iii) the salary range payable to each such position and (iv) the approximate date during said fiscal period of January first, nineteen hundred and ninety-two until June thirtieth, nineteen hundred and ninety-three that said secretary shall have determined that such position shall be filled; and provided, further, that said secretary shall prepare one or more supplementary reports to such report in the same form if he shall determine that any such supplementary report shall be necessary. Such report shall be filed with the senate and house of representatives committees on ways and means and may, subject to the approval of said list by the house of representatives committee on ways and means, fill such positions prior to June thirtieth, nineteen hundred and ninety-three.

SECTION 41. On or after July first, nineteen hundred and ninety-two, no person shall be hired by a state agency, as defined by the provisions of section one of chapter six A of the General Laws, or office of the judiciary on a permanent or temporary basis and the comptroller shall not authorize the payment of any regular compensation, including paid leave, vacations, salary in lieu of vacation, payments in lieu of maintenance, holiday pay, overtime pay and salary differentials from any account funded by an appropriation in section two, section two A or section two B of chapter one hundred and thirty-eight of the acts of nineteen hundred and ninety-one until such position shall be included on such list of positions that shall have been submitted by said secretary of administration and finance and approved by the joint committee on public service and the house of representatives and senate ways and means committees in accordance with the provisions of section thirty-nine. If said secretary shall knowingly violate, or authorize or direct another to violate any provision of this section, he shall be punished by a fine of not more than one thousand dollars or by imprisonment in a jail or house of correction for not more than one year, or both.

SECTION 42. The secretary of administration and finance shall file a report listing any position that shall have been or shall be abolished and vacated on or after July first, nineteen hundred and ninety-one due to the scheduled closing of any institution within any state agency, as defined by the provisions of section one of chapter six A of the General Laws, or due to plans for the contracting for, or privatization of, the services performed by an employee in such position; provided that such report shall include the number of positions so vacated or abolished, the title of each such position, the agency within which such positions are funded, and the date upon which such position shall have been scheduled to be so vacated or abolished provided, further that such report shall be filed subject to the approval of the joint committee on public service and the house of representatives and senate ways and means committees on or before January fifteenth, nineteen hundred and ninety-two; provided that if none of the committees takes action to disapprove such report or supplementary report within thirty days of the date said report shall be filed with said committees, such report shall be deemed to have been approved; provided further that if such report shall not be so approved; no such position shall be so vacated or abolished until such report shall be refiled and shall be so approved in accordance with the provisions of this section.

If said secretary shall knowingly violate, or authorize or direct another to violate any provision of this section, he shall be punished by a fine of not more than one thousand dollars or by imprisonment in a jail or house of correction for not more than one year, or both.

SECTION 43. The group insurance commission, established by the provisions of section three of chapter thirty-two A of the General Laws, shall not alter, shall not implement any changes in and shall not approve the implementation of any changes in the health benefit plan established pursuant to the provisions of said chapter thirty-two A or for the employees covered by such plan until July first, nineteen hundred and ninety-two; provided that said commission shall not require any employee to pay a deductible or coinsurance amount which is greater than the deductible or coinsurance amount which said employee is required to pay under such plan in effect on July first, nineteen hundred and ninety-one; and provided, further, that such health benefit plan shall provide benefits which are no less than the benefits provided under such plan in effect on said July first, nineteen hundred and ninety-one. If any member of said commission shall knowingly violate, or authorize or direct another to violate any provision of this section, he shall be punished by a fine of not more than one thousand dollars or by imprisonment in a jail or house of correction for not more than one year, or both.

SECTION 44. In light of the ongoing fiscal struggle of local communities and with the expectation that the fiscal year beginning July first, nineteen hundred and ninety-two shall continue to be disastrous for such communities, the commissioner of public employee retirement administration, in an effort to reduce the size of the workforce for such communities, to increase the morale of each such workforce, and to provide payroll savings to local communities, shall develop a retirement incentive for public employees who are members of the teachers' retirement system and the local retirement systems established in accordance with the provisions of sections one to twenty-eight, inclusive, of chapter thirty-two of the General Laws. Said commissioner shall analyze, study, and valuate the costs associated with the establishment of such a RIPE program for local systems; provided that said commissioner shall prepare and submit to the joint committee on public service and the house of representatives and senate committees on ways and means on or before March thirty-first, nineteen hundred and ninety-two the basis for such a program, a plan to implement such a program, and any necessary legislation to implement said program during the fiscal year beginning July first, nineteen hundred and ninety-two.

SECTION 45. Section nine shall take effect as of June thirtieth, nineteen hundred and ninety-one.

SECTION 46. This act shall take effect upon its passage.