HOUSE DOCKET, NO. 4371        FILED ON: 5/27/2009

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1117

The Commonwealth of Massachusetts

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In the Year Two Thousand Nine

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An Act limiting termination retirement allowances..

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. Paragraph (a) of subsection 2 of section 10 of chapter 32 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking out, in lines 50 and 51, the words “fails of nomination or re-election, or “.

SECTION 2. Said paragraph (a) of said subsection (2) of said section 10 of said chapter 32, as so appearing, is further amended, by striking out lines 73-77, and inserting in place thereof the following words:-              the following circumstances applies: (1) that the employee has failed of re-appointment, (2) that the employee’s office or position has been abolished, or (3) that the employee has been removed or discharged from his position without moral turpitude on his part.

SECTION 3. Paragraph (b) of said subsection (2) of said section 10 of said chapter 32, as so appearing, is hereby amended by striking out in lines 79-81, the words “of nomination or re-election, or fails to become a candidate for nomination, re-election, or election, or fails”.

SECTION 4. Paragraph (c) of said subsection (2) of said section 10 of said chapter 32, as so appearing, is hereby amended by adding the following sentence.-

The provisions of this subsection (2) shall be unavailable to any member whose retirement is due to failure of nomination or re-election, or failure to become a candidate for nomination, re-election or election.