HOUSE DOCKET, NO. 1786        FILED ON: 1/19/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1401

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Kevin G. Honan

_________________

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 treating veterans equally under the pension laws.

_______________

PETITION OF:

HOUSE DOCKET, NO. 1786        FILED ON: 1/19/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1401

The Commonwealth of Massachusetts

_______________

In the One Hundred and Ninetieth General Court
(2017-2018)

_______________

An Act relative to treating veterans equally under the pension laws.

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 1 of chapter 32 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking out, in line 121, the words “sections one to twenty- eight inclusive”, and inserting in place thereof the following words : - this chapter.

SECTION 2.  Said section 1 is hereby further amended by striking out, in line 299, the words “sections one to twenty- eight, inclusive”, and inserting in place thereof the following words: - this chapter.

SECTION 3.Said section 1 is hereby further amended by striking out, in line 306, the words “sections one to twenty- eight inclusive”, and inserting in place thereof the following words: - this chapter.

SECTION 4.  Said section 1 is hereby further amended by striking out, in line 493 to 494, the words “sections one to twenty-eight, inclusive”, and inserting in place thereof the following words: - this chapter.

SECTION 5.  Said section 1 is hereby further amended by inserting after the phrase “state employees’ retirement system,” in the definition of “Member” the following: - judicial retirement system.

SECTION 6.  Paragraph (h) of subdivision (1) of section 4 of chapter 32 of the General Laws, as so appearing, is hereby amended by striking out the fourth paragraph, and inserting in place thereof the following paragraph: -

Notwithstanding the provisions of this chapter, including the provisions of sections 3 and 65D, or any other general or special law, rule or regulation to the contrary , a member in service of any retirement system governed by the provisions of this chapter who served honorably in the armed forces of the United States shall be entitled to credit for active service in the armed services of the United States; provided, however, that such active service shall not be credited until such member has paid into the annuity savings fund of such system, in one sum or in installments, upon such terms and conditions as the board may prescribe, makeup payments , for each year of credible service sought, of an amount equal to the ten percent of the regular annual compensation of the member when said member entered the retirement system; and, provided further that such creditable service shall not be allowed for any period of active service for which said member has received credit pursuant to paragraph (h) of subsection (1) of section 4 of chapter thirty-two of the General Laws or for which said member receives a federal military pension.  This act shall apply to National Guard and Active Reserve personnel, both former and present.  Creditable service time, both enlisted and commissioned may be applied toward retirement on a ratio of five years guard service or five years active reserve service substitutable for each year of active service.  Notwithstanding any provision of this chapter or any provision of this section, a Chief justice or any associate justice of the supreme judicial court or a chief justice or any associate justice of the appeals court or any justice of the trial court of the commonwealth shall apply the credit for military service only when being retired, for having reached the mandatory retirement age as provided in Article 1 of Chapter 111 of Part the Second of the Constitution , but not having served for ten years because of said mandatory retirement.