HOUSE DOCKET, NO. 2441        FILED ON: 1/17/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2289

The Commonwealth of Massachusetts

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PRESENTED BY:

Viriato Manuel deMacedo

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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 relative to the definition of veteran for public retirees.

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PETITION OF:

HOUSE DOCKET, NO. 2441        FILED ON: 1/17/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2289

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1594 OF 2011-2012.]

The Commonwealth of Massachusetts

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In the Year Two Thousand Thirteen

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An Act relative to the definition of 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 subsection (2) of section 5 of chapter 32, as appearing in the 2008 Official Edition, is hereby amended by adding the following 5 sentences:-

Upon acceptance of this provision by a retirement system, any member who is a veteran, as defined by clause 43 of section 7 of chapter 4 and who retired under the provisions of sections 5, 10 (1) and 26 (3) of this chapter, before May 28, 2004, 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.

SECTION 2.  The provisions of this act shall be prospective from the date of acceptance of this act and shall not entitle a member, who is entitled to benefits under section 1, to any retroactive benefits.