SENATE DOCKET, NO. 1082        FILED ON: 1/13/2009

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1088

The Commonwealth of Massachusetts

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In the Year Two Thousand Nine

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An Act further regulating the retirement benefits of officers and employees of correctional institutions..

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.  Chapter 32 of the General Laws is hereby amended by striking out section 28M and inserting in place thereof the following new section 28M:-

Section 28M.Notwithstanding the provisions of sections one to twenty-eight, inclusive, to the contrary, any employee of the department of correction, classified under Group 4, whose major responsibilities include the care and custody of prisoners, and any transportation officer working within the department of correction, who has performed services in the department of correction in one or more Group 4 title for not less than twenty years shall, at his own request, be retired by said retirement board. Upon retirement under the provisions of this section a member shall receive a retirement allowance to become effective on the date of his retirement. Payments under such allowance shall be made as provided for in section twelve and thirteen and the normal yearly amount thereof shall be equal to sixty percent of the annual average rate of his regular compensations during the twelve-month period of his creditable service immediately preceding the date his retirement allowance becomes effective; provided, however, that the total amount of the allowance shall be increased by one-twelfth of one percent for each full month of service in excess of twenty years’ service and prior to the last day of the month in which such member will attain the age of retirement. Any member retired under the provisions of this section who is a veteran as defined in section one shall receive an additional yearly retirement allowance of fifteen dollars for each year of creditable service or fraction thereof; provided, however, that the total amount of said additional retirement allowance shall not exceed three hundred dollars in any case.

SECTION 2. Section 28N of Chapter 32 of the General Laws is hereby amended by striking out the third sentence and inserting in place thereof the following:-

Payments under such allowance shall be made as provided for in sections twelve and thirteen and the normal yearly amount thereof shall be equal to sixty percent of the annual average rate of his regular compensation during the twelve-month period of his creditable service immediately preceding the date his retirement allowance becomes effective; provided, however, that the total amount of the allowance shall be increased by one-twelfth of one percent for each full month of service in excess of twenty years service and prior to the last day of the month in which such member will attain the age of retirement.