Bill H.3479

HOUSE DOCKET, NO. 3705 FILED ON: 4/28/2011

HOUSE . . . . . . . . . . . . . . . No. 3479

By Mr. Bradley of Hingham, a petition (subject to Joint Rule 12) of Garrett J. Bradley relative to the suspension of retirement allowance payments to retired public employees upon conviction of a felony. Public Service.

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 77 OF 2009-2010.]

The Commonwealth of Massachusetts

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In the Year Two Thousand Eleven

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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. 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.

If the attorney general or a district attorney becomes aware of a final conviction of a member or retiree of a retirement system for a felony under circumstances which may require suspension of the member's rights to a pension, retirement allowance or a return of his accumulated total deductions pursuant to this sub-section, he shall immediately notify the public employee retirement administration commission of such conviction. The commission shall then immediately notify the applicable retirement system.

SECTION 2. M.G.L. c.32, §7(2)(d) is hereby amended by inserting the following paragraph:

SECTION 3. M.G.L. c.32, §10 is hereby amended by inserting the following subsection:

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, §26 is hereby amended by inserting the following subsection:

(6) 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, §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 6. M.G.L. c.32, §28N is hereby amended by inserting the following paragraph:

SECTION 7. 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.