HOUSE DOCKET, NO. 77        FILED ON: 8/1/2009

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 77

The Commonwealth of Massachusetts

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In the Year Two Thousand Nine

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An Act RELATIVE TO THE PAYMENT OF PENSION BENEFITS.

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 1.  M.G.L. c.32, §5(3) is hereby amended by inserting the following subsection:

“(5)Payments to a member retired under the provisions of this section who is incarcerated for having been convicted of a felony committed on or after the effective date of this paragraph shall cease for the period of such member's incarceration.  Under no circumstances shall such payments be recoverable by such member after such period of incarceration.”

SECTION 2.  M.G.L. c.32, §10 is hereby amended by inserting the following subsection:

“(5)Payments to a member retired under the provisions of this section who is incarcerated for having been convicted of a felony committed on or after the effective date of this paragraph shall cease for the period of such member's incarceration.  Under no circumstances shall such payments be recoverable by such member after such period of incarceration.”

SECTION 3.  M.G.L. c.32, §26 is hereby amended by inserting the following subsection:

“(5)Payments to a member retired under the provisions of this section who is

incarcerated for having been convicted of a felony committed on or after the effective date of this paragraph shall cease for the period of such member's incarceration.  Under no circumstances shall such payments be recoverable by such member after such period of incarceration.”

SECTION 4.  M.G.L. c.32, §28M is hereby amended by inserting the following paragraph:

“Payments to a member retired under the provisions of this section who is incarcerated for having been convicted of a felony committed on or after the effective date of this paragraph shall cease for the period of such member's incarceration.  Under no circumstances shall such payments be recoverable by such member after such period of incarceration.”

SECTION 5.  M.G.L. c.32, §28N is hereby amended by inserting the following paragraph:

“Payments to a member retired under the provisions of this section who is incarcerated for having been convicted of a felony committed on or after the effective date of this paragraph shall cease for the period of such member's incarceration.  Under no circumstances shall such payments be recoverable by such member after such period of incarceration.”

SECTION 6.  M.G.L. c.32, §65 is hereby amended by inserting the following section:

“§65K  Pension Payments to Incarcerated Members

Payments to a member retired under the provisions of sections 65A-65J who is incarcerated for having been convicted of a felony committed on or after the effective date of this paragraph shall cease for the period of such member's incarceration. Under no circumstances shall such payments be recoverable by such member after such period of incarceration.”