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The 193rd General Court of the Commonwealth of Massachusetts

AN ACT RELATIVE TO THE MEMBERSHIP OF THE RETIREMENT BOARD OF THE MASSACHUSETTS WATER RESOURCES AUTHORITY.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is forthwith to change the membership of the retirement board of the Massachusetts Water Resources Authority Employees’ Retirement System, 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. Section 20 of chapter 32 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by inserting after subdivision (47/8C) the following subdivision:-

(47/8D)(a) The contributory retirement system established for employees of the Massachusetts Water Resources Authority under sections 1 to 28, inclusive, shall be known as, and all of its business shall be transacted under the name of the Massachusetts Water Resources Authority Employees’ Retirement System.

(b) The system shall be managed by a retirement board which shall have the general powers and duties set forth in subdivision (5). The board shall consist of 5 members as follows: the secretary of the authority who shall be a member ex officio, a second member appointed by the board of directors of the authority for a term of 3 years, a third and fourth member who shall be elected by the members in or retired from service of this system from among their number for a term of 3 years, and a fifth member who shall not be an employee, retiree or official of the government unit and who shall be appointed by the other 4 members for a term of 3 years. Future elections of the third and fourth members shall be held under the supervision of the retirement board and the term of the third and fourth members shall be so arranged so as not to expire in the year of expiration of the term of the fifth member. If a fifth member is not chosen by the other 4 members within 30 days after the expiration of the term of the fifth member, the public employee retirement administration commission shall appoint a fifth member for a term of 3 years. Each member of the retirement board shall continue to hold office until the expiration of that member’s term and until the qualification of the member’s successor. Upon the expiration of the term of office of any elected or appointed member or in case of a vacancy in either of those offices, a successor shall be elected or appointed as provided in this paragraph for a 3 year term or for the unexpired portion of the term, but in no event shall the term of the third and fourth member expire in the same year as the term of the fifth member.

SECTION 2.
Section 7 of chapter 372 of the acts of 1984 is hereby amended by striking out subsection (d).

SECTION 3. The existing members of the retirement board of the Massachusetts Water Resources Authority Retirement System, established under subsection (d) of section 7 of chapter 372 of the acts of 1984, shall become the first, second and third members of the board established by section 1 upon the effective date of this act.

Approved August 22, 2006.