HOUSE DOCKET, NO. 1397        FILED ON: 1/20/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2963

The Commonwealth of Massachusetts

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PRESENTED BY:

Stephen Kulik

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act modernizing municipal personnel systems.

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PETITION OF:

HOUSE DOCKET, NO. 1397        FILED ON: 1/20/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2963

The Commonwealth of Massachusetts

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In the Year Two Thousand Eleven

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An Act modernizing municipal personnel systems.

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 Section 4I of Chapter 7 is hereby repealed.

SECTION 2. Notwithstanding any other law to the contrary, beginning on July 1, 2011 the provisions of Chapter 31 shall not apply to the selection, promotion, or discipline any municipal employee. Provided further, that as of said date, at local option, the provisions of Chapter 31 may apply for the initial screening and selection of police officers and firefighters.

SECTION 3. Said section 5 of chapter 32 of the General Laws is hereby further amended by striking out the table in paragraph (a) of subdivision (2), as appearing in the 2008 Official Edition, and inserting in place thereof the following table:

Per Cent Group 1 Group 2 Group 4

2.5 67 or older 62 or older 57 or older

2.375 66 61 56

2.250 65 60 55

2.125 64 59 54

2.0 63 58 53

1.875 62 57 52

1.75061 56 51

1.625 60 55 50

SECTION 4. Chapter 32B § 2(d) shall be amended by inserting the following after the first sentence of the paragraph: “For purposes of this chapter governmental units shall designate whether employees are full-time or part time, based upon the number of hours per week the duties of the particular position require them to work.”

Chapter 32B § 7(a) shall be amended by striking the words “an active or retired employee” in the first sentence, and replacing them with the words “a full time employee, as designated by the governmental unit or a retired employee”.

Chapter 32B § 7(a) shall be further amended by inserting after the first sentence, “For part time employees, as designated by the governmental unit, who work at least twenty hours per week, regularly in the service of the governmental unit during the regular work week, the governmental unit shall contribute an amount less than fifty percent of the premium. This amount shall be proportionate to the number of hours the employee works, compared to a full time employee performing the same or similar duties, as applied to the fifty percent cost of the premium contributed by the governmental unit for a full time employee. The part time employee shall contribute the remaining cost of the premium.”

Chapter 32B § 7(a) shall be further amended by inserting in the last sentence, immediately prior to the word “employee’s” the word “full time” and by adding, immediately after the last sentence “For part time employees the governmental unit shall contribute an amount to pay for the additional premium required for the part time employee’s dependent child who is nineteen years of age or over and mentally or physically incapable of earning his own living, a proportionate share of the cost of such additional coverage as the governmental unit pays toward the regular premium.”

Chapter 32B § 7A shall be amended by inserting at the end of the last sentence in the first paragraph the following “;except that for part time employees as designated by the governmental unit who work at least twenty hours per week regularly in the service of the governmental unit, such governmental unit shall contribute only that proportion of the subsidiary or additional rate as the number of hours the part time employee works, compared to a full time employee performing the same or similar duties.”

Chapter 3b § 16 (3) shall be amended by inserting at the end of the next to last sentence of the second paragraph the following “; and further provided that part time employees, as designated by the governmental unit who work at least twenty hours a week regularly in the service of the governmental unit may be required to pay an amount greater than fifty percent on the total monthly premium cost or rate, proportionate to the number of hours the employee works, compared to a full time employee performing the same or similar duties, as applied to percentage share of the premium the governmental unit pays toward the total premium cost of employees it designates as full time.

SECTION 5. The provisions of Section 111F of Chapter 41 shall not apply to any municipal police officer or firefighter hired after July 1, 2011.  Police officers and firefighters hired after that date shall be subject to the provisions of Chapter 152 of the Massachusetts General Laws.

SECTION 6.  There shall be a special commission to investigate and make recommendations regarding the feasibility and utility of having public employees hired after January 1, 2012 become part of the Social Security System.  The commission shall consist of 9 members with 5 appointed by the Governor, 2 appointed by the Senate President, and 2 appointed by the Speaker of the House.  None of the members shall be a current or vested member of a Massachusetts Contributory Retirement System.  The commission shall file its report and recommendations to the Governor, Senate President, and Speaker of the House no later than September 1, 2011.