HOUSE DOCKET, NO. 1206        FILED ON: 1/16/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2303

The Commonwealth of Massachusetts

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PRESENTED BY:

Carolyn C. Dykema and Karen E. Spilka

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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 authorizing the town of Holliston to establish an other post-employment benefits trust fund.

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PETITION OF:

HOUSE DOCKET, NO. 1206        FILED ON: 1/16/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2303

The Commonwealth of Massachusetts

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In the Year Two Thousand Thirteen

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An Act authorizing the town of Holliston to establish an other post-employment benefits trust fund.

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. As used in this act, the following words shall have the following meanings:

“GASB 43 and 45”, statements 43 and 45 of the Governmental Accounting Standards Board as amended from time to time and their successors.

“Other post-employment benefits” or “OPEB”, post-employment benefits other than pensions as that term is defined in GASB 43 and 45, including post-employment healthcare benefits,

regardless of the type of plan that provides them, and all post-employment benefits provided separately from a pension plan, excluding benefits defined as termination offers and benefits.

SECTION 2. (a) There shall be in the town of Holliston an OPEB Trust Fund, which shall be under the supervision and management of a 5 member board of trustees comprised of the chair of the board of selectmen, the town administrator, the town treasurer and tax collector, the chair of the school committee and a resident appointed by the board of selectmen.  The town treasurer and tax collector shall be the custodian of the OPEB Trust Fund and may employ an outside custodial service.

(b) Beginning in fiscal year 2013, the OPEB Trust Fund shall be credited with all amounts, appropriated or otherwise made available by the town for the purposes of meeting the current and future OPEB costs payable by the town.  The OPEB Trust Fund shall be credited with all amounts contributed or otherwise made available by employees of the town, for the purpose of meeting future OPEB costs payable by the town.  Any interest or other income generated by the fund shall be added to and become part of the fund.  Any reimbursements that a political subdivision receives, as a participant in the Retiree Drug Subsidy Program created under the Medicare Prescription Drug Improvement and Modernization Act of 2003, Pub. L. No. 108-173, or a qualified retiree prescription drug plan under 42 U.S.C. section 1395w-132, may be added to and become part of said fund.  Amounts in the OPEB Trust Fund, including any earnings or interest accruing from the investment of these amounts, shall be expended only for the payment of the costs payable by the town for OPEB in consultation with said retirement board.  Subject in each instance to the approval of the board of trustees, the town treasurer and tax collector shall invest and reinvest the amounts in the OPEB Trust Fund not needed for current disbursement consistent with the prudent person rule and sections 3, 4, 5, 8 and 9 of chapter 203C of the General Laws, but no funds may be invested directly in mortgages or in collateral loans.  All monies held in the fund shall be segregated from other funds and shall not be subject to the claims of any general creditor of the town of Holliston.

(c) Said board of trustees may employ any qualified bank, trust company, corporation, firm or person to advise it on the investment of the OPEB Trust Fund and may pay from the OPEB Trust Fund for this advice and other services determined by said board of trustees.  Procurement for these services shall be subject to chapter 30B of the General Laws.

SECTION 3. (a) An actuary, who shall be a member of the American Academy of Actuaries, shall perform an actuarial valuation of the town's OPEB liabilities and funding schedule, as of June 30, 2012, and no less frequently than every second year thereafter. The determinations shall be made in accordance with generally accepted actuarial standards and shall conform to the requirements of GASB 43 and 45 and the actuary shall make a report of the determinations to the town.  The report shall, without limitation, detail the demographic and economic actuarial assumptions used in making the determinations and each report after the first report shall also include an explanation of the changes, if any, in the demographic and economic actuarial assumptions employed and the reasons for the changes.

(b) Beginning in fiscal year 2013, all payments for the purposes of meeting the town's costs of OPEB under this act shall be made from the OPEB Trust Fund.  Funds in the OPEB Trust Fund shall be segregated from all other funds.  Disbursements from the OPEB Trust Fund, including any earnings or interest accruing from the investment of these amounts, shall only be based on sections 1 to 3, inclusive, of this act.

SECTION 4. This act shall take effect upon its passage.