SENATE DOCKET, NO. 1690        FILED ON: 1/14/2009

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1021

 

 

The Commonwealth of Massachusetts

 

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In the Year Two Thousand Nine

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An Act relative to the definition of a veteran for public retirees.

 

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 (b) of subdivision (2) of section 5 of chapter 32 of the General Laws is hereby amended by inserting at the end thereof the following new sentences:-

“Upon acceptance of this provision by a retirement system, any member who is a veteran, as defined by clause forty-third of section 7 of chapter 4 of the General Laws, as amended by chapter 116 of the acts of 2004, and who retired under the provisions of sections 5, 10 (1) and 26 (3) of this chapter, before the effective date of said chapter 116, without receiving the additional yearly allowance as a veteran provided therein, shall receive such additional yearly allowance as a veteran under paragraph (b) of subdivision (2) of section 5  or paragraph (c) of subdivision (3) of section 26 of this chapter, whichever is  applicable. Acceptance of this provision by a retirement system shall be by a majority vote of the board of each such system, subject to the approval of the legislative body. For the purposes herein, “legislative body” shall mean, in the case of a city, the city council in accordance with its charter, in the case of a town, the town meeting, in the case of a county, the county retirement board advisory council, in the case of a region, the regional retirement board advisory council, in the case of a district, the district members, and, in the case of an authority, the governing body. Acceptance shall be deemed to have occurred upon the filing of a certification of such votes with the commission.  For purposes herein, the state teachers’ and state employees’ retirement systems shall be deemed to have accepted this provision.”