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  • PART I ADMINISTRATION OF THE GOVERNMENT
  • TITLE III LAWS RELATING TO STATE OFFICERS
  • CHAPTER 29 STATE FINANCE
  • Section 64D Deferred compensation program, annuity or other defined contribution plan; required participation

Section 64D. Any governmental body, as defined in section 64B, may require any person, who is receiving compensation from the governmental body for services performed and who is not a member of a retirement system as provided under chapter 32 or any other retirement system which meets the requirements of Section 3121(b)(7)(F) of the Internal Revenue Code and the regulations promulgated thereunder, to participate in the deferred compensation program established with regard to the governmental body, or tax sheltered annuity or any other defined contribution plan. The treasurer, or if there is no treasurer, the chief financial officer by whatever name that person is called, on behalf of a governmental body which has accepted this section shall contract with any person, who is receiving compensation from the governmental body for services performed for the governmental body and who is not eligible for membership in the retirement system in said chapter 32 that pertains to the governmental body, to withhold from that person’s compensation at least such amounts as are necessary to provide the minimum level of benefits required to qualify said deferred compensation program, tax sheltered annuity or other defined contribution plan as a retirement system for said person as defined under said Section 3121(b)(7)(F) of said Code and the regulations promulgated thereunder but no greater than permitted under other provisions of the Internal Revenue Code.

All contracts formed with part-time, seasonal or temporary employees under the first paragraph shall entitle the employee to a single-sum distribution of the employee’s deferral plus reasonable interest.

A governmental body may accept this section by a majority vote of the selectmen for a town, the city council for a city, the county council for a county, the district members in a district, the members of the authority in an authority, and the governing body, by whatever name and in whatever form composed, in any other political subdivision, body politic and corporate, or public instrumentality created by the commonwealth.

Any governmental body already requiring, on the effective date of this section, participation in a public retirement system for persons who are receiving compensation from the governmental body for services performed and who are not members of a retirement system as provided under said chapter 32 shall be deemed to have accepted this section without the requirement of a majority vote of the selectmen for a town, the city council for a city, the county council for a county, the district members in a district, the members of the authority in an authority, and the governing body, by whatever name and in whatever form composed, in any other political subdivision, body politic and corporate, or public instrumentality created by the commonwealth.