SECTION 1. Notwithstanding any general or special law to the contrary, a retirement allowance paid to a member inactive of the Fitchburg Retirement System that included in its calculation the annual amounts paid in lieu of personal leave upon which contributions or deductions were made, shall not be reduced; modified or changed because of the inclusion of such contributions or deductions.
SECTION 2. Notwithstanding any general or special law to the contrary, any amount paid annually to a member of the Fitchburg Retirement System who was, as of May 1, 2018, in service in lieu of personal leave pursuant to any applicable collective bargaining agreement, individual contract for employment or municipal plan or ordinance in effect on May 1, 2018 shall be considered regular compensation. Such payments in lieu of personal leave subsequent to May 1, 2018 shall continue to qualify as regular compensation only for members who were in service as of May 1, 2018, as long as said payments in lieu of personal leave are permitted under an applicable collective bargaining agreement, individual contract or municipal plan or ordinance. To qualify as regular compensation, such annual payments in lieu of personal leave shall be to a member who consistently participates in a program that is available to all similarly situated employees and shall not have been made primarily in the final 3 years of employment, or final 5 years of employment if membership was established on or after April 2, 2012, or as a result of providing retirement notice.
SECTION 3. Notwithstanding any general or special law to the contrary, the Fitchburg Retirement System, subject to the requirements of section 1 and section 2, shall regard as regular compensation any payment in lieu of personal leave made subsequent to May 1, 2018 to a member who was in service as of May 1, 2018 and shall take appropriate measures to effectuate this section.
SECTION 4. Sections 2 and 3 shall apply only to members who: (i) were in service as of May 1, 2018; and (ii) began receiving payment in lieu of personal leave prior to May 1, 2018.
SECTION 5. This act shall become effective upon its passage.
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