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The 193rd General Court of the Commonwealth of Massachusetts

AN ACT TRANSFERRING EMPLOYEES OF THE BERKSHIRE REGIONAL PLANNING COMMISSION TO THE STATE RETIREMENT SYSTEM.

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. Notwithstanding any general or special law to the contrary, the accumulated deductions, including interest, credited as of July 1, 2006 to the annuity savings accounts of persons employed by the Berkshire regional planning commission who are members of the Pittsfield retirement system shall be transferred to the state employees’ retirement system. The public employee retirement administration commission shall certify to the state board of retirement that the amounts transferred under this act are accurate.

SECTION 2. Upon completion of the required documentation and acceptance by the state board of retirement under applicable law and regulations, persons employed by the Berkshire regional planning commission who are members of the Pittsfield retirement system shall become members of the state employees’ retirement system as of July 1, 2006, and shall be subject to the rules and regulations of that system.

SECTION 3. Under paragraph (c) of subdivision (8) of section 3 of chapter 32 of the General Laws, the Pittsfield retirement system shall reimburse the state employees’ retirement system for the amount of any retirement allowance paid to employees transferred under this act that is attributable to their creditable service while employees of the Berkshire regional planning commission and members of the Pittsfield retirement system. This provision shall have no effect on any other liability under said chapter 32 that the Pittsfield retirement system may have to the state employees’ retirement system.

SECTION 4. The state board of retirement shall not be responsible for any amount of retirement allowance, disability allowance, or other benefit under said chapter 32 for any employee, survivor or beneficiary of the Berkshire regional planning commission due on or before July 1, 2006 from the Pittsfield retirement system, or for any portion of any unfunded liability that may exist for an employee, survivor, or beneficiary of the Berkshire regional planning commission related to the Pittsfield retirement system.

SECTION 5. Employees of the Berkshire regional planning commission shall be eligible for membership in the state employees’ retirement system only if they meet the state board of retirement’s membership requirements. Members of the Berkshire regional planning commission shall conform to the state board of retirement’s payroll reporting requirements.

Approved July 8, 2006.