Budget Amendment ID: FY2025-S4-805-R2

2nd Redraft OTH 805

Restoration of Service

Mr. Brownsberger moved that the proposed new text be amended by inserting after section 39 the following 3 sections:-

“SECTION 39A. Section 8 of chapter 32 of the General Laws, as so appearing, is amended hereby by inserting after the word “job”, in line 25, the following words:- or similar position.

SECTION 39B. Paragraph (a) of subdivision (1) of said section 8 of said chapter 32, as so appearing, is hereby amended by inserting after the first paragraph the following paragraph:-

During the regular periodic evaluation required pursuant to this section, a member may request that, in addition to being evaluated for a return to their former position, the member be evaluated for a specific identified position in a retirement system other than the position from which they retired, including a position with a different employer or a position that would entitle the member to membership in a different retirement system. The evaluation shall be conducted in the same manner as all other examinations provided for in this section. If the member is found able to perform the essential duties of the identified position, the member shall be permitted to return to active service in said position and the member’s pension provided for in section 6 or 7 shall cease upon the member’s return to service.

SECTION 39C. Paragraph (b) of subdivision (2) of said section 8 of said chapter 32, as so appearing, is hereby amended by inserting after the second sentence the following sentence:- If the member returns to service to a different retirement system than that from which the member retired, the member’s original retirement system shall provide creditable service for any period of disability prior to reinstatement to service in the new system; provided, however, that if the member is subsequently retired for a disability as a result of the injury for which the member was previously retired, the original retirement system shall be assessed a portion of the disability pension pursuant to subdivision (5) of section 7.”.