Bill S.2798

FILED ON: 6/18/2020

SENATE . . . . . . . . . . . . . . No. 2798

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-First General Court
(2019-2020)

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An Act relative to the cost of living adjustment for state and teacher 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. Section 102 of Chapter 32 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by adding at the end thereof the following:- (h) Every member of the state employee retirement system and the teacher’s retirement system who qualifies and has attained fifteen full years of retirement as of June 30 of the prior fiscal year who receive a cost of living increase shall receive an additional one hundred dollar benefit to said increase. Said one hundred dollar benefit shall be granted only to members of the state retirement system and the teacher’s retirement system whose total annual retirement benefit is less than the average annual retirement benefit as determined by the retirement system’s most recent actuarial valuation and retired with twenty or more years of creditable service, provided however, those members who retired with a disability benefit under sections 6, 7 or 26 shall be eligible with less than twenty years of creditable service. Any surviving beneficiary of a deceased member who would otherwise be eligible for aforesaid additional benefit under this paragraph, including those beneficiaries receiving a benefit under sections 9, 12 or 101, shall receive said additional benefit if it is determined they are eligible by the retirement board in which they are a participant.

Every member of the state employee retirement system and the teacher’s retirement system who has attained twenty full years of retirement as of June 30 of the prior fiscal year who receive a cost of living increase shall receive an additional two hundred dollar benefit to said increase. Said two hundred dollar benefit shall be granted only to members of the state retirement system and the teacher’s retirement system whose total annual retirement benefit is less than the average annual retirement benefit as determined by the retirement system’s most recent actuarial valuation and retired with twenty or more years of creditable service. Any surviving beneficiary of a deceased member who would otherwise be eligible for aforesaid additional benefit under this paragraph, including those beneficiaries receiving a benefit under section 9, 12 or 101, shall receive said additional benefit if it is determined they are eligible by the retirement board in which they are a participant.

SECTION 2. Section 103 of Chapter 32 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by adding at the end thereof the following:- (k) Upon acceptance of the provisions of this paragraph as provided in paragraph (n), every member of a retirement system other than the state employees retirement system and the teachers’ retirement system, who has attained fifteen full years of retirement as of June 30 of the prior fiscal year and receives a cost of living increase pursuant to this section, shall receive an additional one hundred dollar benefit to said increase. Said one hundred dollar benefit shall be granted only to members of a retirement system, other than the state employees retirement system and the teachers’ retirement system, whose total annual retirement benefit is less than the average annual retirement benefit as determined by their retirement system’s most recent actuarial valuation and retired with twenty or more years of creditable service, provided however, those members who retired with a disability benefit under sections 6, 7 or 26 shall be eligible with less than twenty years of creditable service. Any surviving beneficiary of a deceased member who would otherwise be eligible for aforesaid additional benefit under this paragraph, including those beneficiaries receiving a benefit under sections 9, 12 or 101, shall receive said additional benefit if it is determined they are eligible by the retirement board in which they are a participant.

(l) Upon acceptance of the provisions of this paragraph as provided in paragraph (n), every member of a retirement system other than the state employees retirement system and the teachers’ retirement system, who has attained twenty full years of retirement as of June 30 of the prior fiscal year and receives a cost of living increase pursuant to this section, shall receive an additional two hundred dollar benefit to said increase. Said two hundred dollar benefit shall be granted only to members of a retirement system other than the state employees retirement system and the teachers’ retirement system whose total annual retirement benefit is less than the average annual retirement benefit as determined by their retirement system’s most recent actuarial valuation and retired with twenty or more years of creditable service, provided however, those members who retired with a disability benefit under sections 6, 7 or 26 shall be eligible with less than twenty years of creditable service. Any surviving beneficiary of a deceased member who would otherwise be eligible for aforesaid additional benefit under this paragraph, including those beneficiaries receiving a benefit under sections 9, 12 or 101, shall receive said additional benefit if it is determined they are eligible by the retirement board in which they participate.

(m) Upon acceptance of the provisions of this paragraph as provided in paragraph (n), every member of a retirement system other than the state employees retirement system and the teachers’ retirement system, who has attained fifteen but not more than twenty full years of retirement as of June 30 of the prior fiscal year and receives a cost of living increase pursuant to this section, shall receive an additional one hundred dollar benefit and for those who has attained more than twenty years of retirement as of June 30 of the prior fiscal year, shall receive an additional two hundred dollar benefit to said increase. Such additional benefits shall be granted only to members of a retirement system, other than the state employees retirement system and the teachers’ retirement system, whose total annual retirement benefit is less than the average annual retirement benefit as determined by their retirement system’s most recent actuarial valuation and retired with twenty or more years of creditable service, provided however, those members who retired with a disability benefit under sections 6, 7 or 26 shall be eligible with less than twenty years of creditable service. Any surviving beneficiary of a deceased member who would otherwise be eligible for aforesaid additional benefit under this paragraph, including those beneficiaries receiving a benefit under sections 9, 12 or 101, shall receive said additional benefit if it is determined they are eligible by the retirement board in which they are a participant.

(n) Acceptance of the provisions of this paragraphs (k). (l) or (m) shall be by a majority vote of the board of such system, subject to the approval of the legislative body. For the purpose of this section, ''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 district, the district members, and, in the case of an authority, the governing body. In the case of a county or region, acceptance shall be by the county or regional retirement board advisory council at a meeting called for that purpose by the county or regional retirement board, Acceptance of this paragraph shall be deemed to have occurred upon the filing of the certification of such vote with the commission. A decision to accept the provisions of this paragraph may not be revoked.