HOUSE DOCKET, NO. 3384        FILED ON: 1/20/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2630

The Commonwealth of Massachusetts

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PRESENTED BY:

Alice Hanlon Peisch

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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 benefits for teachers.

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PETITION OF:

HOUSE DOCKET, NO. 3384        FILED ON: 1/20/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2630

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Third General Court
(2023-2024)

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An Act relative to benefits for teachers.

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 (i) of subdivision (4) of section 5 of chapter 32 of the General Laws, as appearing in the 2020 Official Edition, as amended by chapter 134 of the acts of 2022 is hereby amended by adding the following subsection after subsection (c):

(d)  An active or inactive member of the teachers’ retirement system who: (1) is a teacher or school nurse; (ii) became eligible for membership in the teachers’ retirement system before July 1, 2001; (iii) began contributing to the teachers’ retirement system before July 1, 2001; and (iv) did not provide a written election to participate or held a good faith belief that they elected to participate in the alternative superannuation retirement benefit program to the teachers’ retirement system before July 1, 2001 nor at any other time prior to December 31, 2019, shall have a new 1-time opportunity to elect to participate in the alternative superannuation retirement benefit program.             

SECTION 2. Paragraph 65, Section 1 of chapter 32 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding after the word “service”, the following: ; provided further that any person who served in a position described above who is vested in the teacher’s retirement system or the State-Boston retirement system and is subsequently employed by the executive office of education or the department of elementary and secondary education, except a commissioner hired before January 1, 2023,  shall retain the status of “teacher” and be considered as remaining in service in that capacity.

SECTION 3. Section 3(8)(a) of chapter 32 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding after the word “system” in line 6, the following: , except a teacher who becomes employed at the executive office of education or the department of elementary and secondary education shall remain in the teacher’s retirement system or the Boston retirement system.

SECTION 4. Section 3(8) of chapter 32 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following subsection: e) An employee of the executive office of education or the department of elementary and secondary education who is a member of the state employees retirement system and who is reinstated in the teachers’ retirement system or the Boston retirement system pursuant to section (8)(a) shall not be deemed to have had an interruption of membership or service. Upon reinstatement, the member will pay into the annuity savings fund of the teachers’ retirement system or the State-Boston retirement system in one sum, or in installments as the board may prescribe, makeup payments equal to the difference between the contributions paid to the state employees retirement system and the required contributions of the teachers’ retirement system or the State-Boston retirement system on all regular compensation received during the period of membership in the state employees retirement system.

SECTION 5. Section 3 (8) of chapter 32 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following subsection: f) notwithstanding the provisions of this chapter or any other general or special law to the contrary, a member who is reinstated in the teacher’s retirement system or the Boston retirement system pursuant to (8)(a) shall be entered into the state employees retirement system as a Group 1 state employee upon retirement.