FILED ON: 7/11/2014

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4298

The Commonwealth of Massachusetts

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In the Year Two Thousand Fourteen

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An Act authorizing the transfer of members of the Franklin Regional Council of Governments to the state employees’ retirement system.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to authorize forthwith the transfer of members of the Franklin regional council of governments to the state employees’ retirement system, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
 

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.   Notwithstanding any general or special law to the contrary, the accumulated deductions, including interest, computed as the actuarial assumed interest, credited as of July 1, 2014 to the annuity savings accounts of persons actively employed by the Franklin regional council of governments who are active members of the Franklin regional retirement system and otherwise eligible for membership in the state employees’ retirement system, shall be transferred to the state employees’ retirement system. The public employee retirement administration commission shall certify to the state board of retirement that the amounts transferred under this section are accurate.

Upon completion of the required documentation and acceptance by the state board of retirement under applicable laws and regulations, persons actively employed by the Franklin regional council of governments who are active members of the Franklin regional retirement system shall become members of the state employees’ retirement system as of July 1, 2014 and shall be subject to the rules and regulations of the state employees’ retirement system.

The Franklin regional council of governments and the Franklin regional retirement system shall transfer to the state board of retirement all records related to the employment of persons affected by this section related to their membership in the Franklin regional retirement system.

For any transferred employee under this section, determinations related to the membership, retirement benefits including, but not limited to, eligibility for benefits, creditable service amounts, accumulated retirement deductions and interest and group classifications shall be made solely by the state board of retirement.

Under paragraph (c) of subdivision (8) of section 3 of chapter 32 of the General Laws, the Franklin regional retirement system shall reimburse the state employees’ retirement system and any other retirement system governed by said chapter 32 for its pro rata share of the amount of any retirement allowance paid to employees transferred under this section that is attributable to their creditable service while employees of the Franklin regional council of governments and members of the Franklin regional retirement system. This subsection shall have no effect on: (i) any other liability under said chapter 32 that the Franklin regional retirement system may have to the state employees’ retirement system or any other applicable retirement system; or (ii) any liability related to former employees of the Franklin regional council of governments.

This section shall apply to former employees of the Franklin regional council of governments that are inactive members of the Franklin regional retirement system as of July 1, 2014 that return to active service with the Franklin regional council of governments on or after July 1, 2014 and become members of the state employees’ retirement system; provided, however, that any such former employees shall be subject to the normal transfer procedures under applicable laws and regulations.

The Franklin regional retirement system shall reimburse the state employees’ retirement system and any other retirement system governed by said chapter 32 for its pro rata share of the amount of any retirement allowance paid to the employees. The state employees’ retirement system shall not be responsible under said paragraph (c) of said subdivision (8) of said section 3 of said chapter 32 or any other general or special law for the creditable service of former employees of the Franklin regional council of governments who were members of the Franklin regional retirement system and are not actively employed by the Franklin regional council of governments and not also members of the Franklin regional retirement system as of July 1, 2014.

The state board of retirement shall not be responsible for any amount of retirement allowance, pension, disability allowance or other benefit under said chapter 32 for any employee, retiree, survivor or beneficiary of the Franklin regional council of governments due or otherwise in effect by July 1, 2014 from the Franklin regional retirement system or for any portion of any unfunded liability that may exist for an employee, survivor or beneficiary of the Franklin regional council of governments related to the Franklin regional retirement system. The state board of retirement shall not be responsible for benefits related to any disability retirement application that has been filed or may be pending with the Franklin regional retirement board or with the public employee retirement administration commission as of July 1, 2014 or for benefits related to any disability retirement applications that arise out of injuries that occurred prior to July 1, 2014.

The state board of retirement shall not be responsible for liability for any service accrued prior to July 1, 2014 by retirees of the Franklin regional council of governments that are retirees of the Franklin regional retirement system as of July 1, 2014 that return to active service with the Franklin regional council of governments on or after July 1, 2014 and become members of the state employees’ retirement system with the intention of reinstatement as provided in section 105 of said chapter 32. Any repayment of a retirement allowance shall be made to the Franklin regional retirement system, which shall retain liability for service accrued by the reinstated member while a member of the Franklin regional retirement system and shall be subject to the normal transfer procedures under applicable laws and regulations.

Employees of the Franklin regional council of governments shall be eligible for membership in the state employees’ retirement system only if they meet the membership requirements of the state board of retirement. The Franklin regional council of governments shall conform to the payroll reporting requirements of the state board of retirement.

SECTION 2.  This act shall take effect as of July 1, 2014.