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  • Acts
  • 2000
  • Chapter 123 AN ACT RELATIVE TO THE CONTRIBUTORY RETIREMENT SYSTEM FOR PUBLIC EMPLOYEES.

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. Nothing in this act is intended, nor should it be construed, either (1) to afford rights to any public employee greater than those afforded by the federal Older Workers Benefit Protection Act, P.L. 101-433, 104 Stat. 978, as amended; or (2) to deprive any person of a benefit to which such person was entitled immediately before the effective date of this act.

SECTION 2. Section 1 of chapter 32 of the General Laws, as appearing in the 1998 Official Edition, is hereby amended by striking out the definition of "Maximum age" and inserting in place thereof the following definition:-

"Maximum age", the age on the last day of the month in which any member classified in Group 3 , as provided for in paragraph (g) of subdivision (2) of section 3, attains age 55, or if classified in any of the following occupations or position classifications, for which the personnel administrator has determined, pursuant to section 2 of chapter 415 of the acts of 1987, that age is a bona fide occupational qualification, the last day of the month that a member in any such occupation or position classifications attains age 65: a uniformed member of a paid fire department or uniformed member of a police department, or of the police force of the Massachusetts Bay Transportation Authority, or a member of the uniformed branch of the department of fisheries and wildlife as determined by the personnel administrator, or a correctional officer or a permanent crash crewman, crash boatman, fire control man, or assistant fire control man employed at the General Edward Lawrence Logan International Airport.

SECTION 3. Section 3 of said chapter 32 as so appearing, is hereby amended by striking out, in line 58, the words ", while under age sixty-five,".

SECTION 4. Said section 3 of said chapter 32, as so appearing, is hereby further amended by striking out, in line 75, the words ", if under age sixty-five on the date of his appointment,".

SECTION 5. Said section 3 of said chapter 32, as so appearing, is hereby further amended by striking out, in lines 83 and 84, the words ", if under age sixty-five on the date of his election,".

SECTION 6. Said section 3 of said chapter 32, as so appearing, is hereby further amended by striking out, in line 112, the words "before attaining age sixty".

SECTION 7. Paragraph (a) of subdivision (2) of said section 3 of said chapter 32, as so appearing, is hereby amended by striking out subparagraphs (xii) and (xiii).

SECTION 7A. Said section 3 of said chapter 32, as so appearing, is hereby further amended by striking out, in line 222, the words "if then under sixty years of age".

SECTION 8. Said subdivision (2) of said section 3 of said chapter 32, as so appearing, is hereby further amended by striking out paragraph (e).

SECTION 9. Said subdivision (2) of said section 3 of said chapter 32, as so appearing, is hereby further amended by striking out paragraph (f) and inserting in place thereof the following paragraph:-

(f) Any employee who was not eligible for membership because of originally entering the service of any governmental unit after attaining age 60 but before attaining age 65, may apply for and be admitted upon the terms and conditions set forth in subdivisions (3) and (3A).

SECTION 9A. Said section 3 of said chapter 32, as so appearing, is hereby further amended by striking out, in lines 291 to 293, inclusive, the words "; provided, that no member who attains age sixty-five while classified in Group 1 may thereafter be classified in Group 2 , irrespective of change of employment".

SECTION 10. Said section 3 of said chapter 32, as so appearing, is hereby further amended by striking out, in lines 601 to 603, inclusive, the words "; provided, that he is under the maximum age for his group on the date of such reinstatement or re-entry".

SECTION 11. Said section 3 of said chapter 32, as so appearing, is hereby further amended by striking out, in line 608, the words "if under the maximum age for his group".

SECTION 12. Said section 3 of said chapter 32, as so appearing, is hereby further amended by striking out, in line 613, the words "Notwithstanding the provisions of section twenty-eight F, no" and inserting in place thereof the following word:- No.

SECTION 13. Said section 3 of said chapter 32, as so appearing, is hereby further amended by striking out, in lines 623 to 625, the words ", but not less than two years prior to the date he will attain the maximum age for his group,".

SECTION 14. Said section 3 of said chapter 32, as so appearing, is hereby further amended by striking out, in lines 791 and 792, the words ", and that he is under the maximum age for his group on the date of such new employment".

SECTION 15. Said section 3 of said chapter 32, as so appearing, is hereby further amended by striking out, in lines 810 to 812, inclusive, the words ", and that the date of commencement of his new employment is not less than two years prior to the date he will attain the maximum age for his group".

SECTION 16. Paragraph (a) of subdivision (1) of section 5 of said chapter 32, as so appearing, is hereby amended by striking out the second and third sentences and inserting in place thereof the following sentence:- Any member in service who has attained maximum age as defined in section 1 shall be so retired for superannuation upon attaining such age or shall be retired within 90 days after the date the system becomes operative if such maximum age was attained prior thereto or is attained within 90 days thereafter.

SECTION 17. Said subdivision (1) of said section 5 of said chapter 32, as so appearing, is hereby further amended by striking out paragraphs (c) and (d).

SECTION 18. Said subdivision (1) of said section 5 of said chapter 32, as so appearing, is hereby further amended by striking out paragraph (f).

SECTION 19. Said subdivision (1) of said section 5 of said chapter 32, as so appearing, is hereby further amended by striking out paragraph (h).

SECTION 20. Said subdivision (1) of said section 5 of said chapter 32, as so appearing, is hereby further amended by striking out paragraph (k).

SECTION 21. Said section 5 of said chapter 32, as so appearing, is hereby further amended by striking out, in lines 182 and 183, the words "before attaining the mandatory age requirements of this chapter".

SECTION 22. Section 6 of said chapter 32, so appearing, is hereby amended by striking out, in line 3 and in lines 11 and 12, the words "before attaining age fifty-five and".

SECTION 23. Said section 6 of said chapter 32, as so appearing, is hereby further amended by inserting after the word "disability", in line 59, the following words:- ; provided, however, that if he has attained age fifty-five, the normal yearly amount of such allowance shall in no event be less than that to which he would be entitled if he were to be retired for superannuation under the provisions of section 5 as prescribed for a member in his group; and provided, further, that the normal yearly amount of such allowance shall not exceed four-fifths of: (i) the average annual rate of his regular compensation during any period of three consecutive years of creditable service for which such rate of compensation was the highest, and (ii) the average annual rate of regular compensation received by such member during the period or periods, whether or not consecutive, constituting his last three years of creditable service preceding retirement, whichever is greater.

SECTION 23A. Subdivision (1) of section 7 of said chapter 32, as so appearing, is hereby amended by striking out, in lines 32 to 36, inclusive, the words "No such retirement shall be allowed within any period of two years prior to attaining the maximum age on account of any accident or hazard undergone except for an accident or hazard undergone within three years of attaining such maximum age".

SECTION 24. Subdivision (2) of said section 7 of said chpater 32, as so appearing, is hereby amended by striking out paragraph (b>).

SECTION 24A. Section 10 of said chapter 32, as so appearing, is hereby amended by striking out, in lines 2 and 3, the words ", before attaining age fifty-five, and".

SECTION 24B. Said section 10 of said chapter 32, as so appearing, is hereby further amended by striking out, in lines 50 and 51, the words "before attaining age fifty-five,".

SECTION 24C. Said section 10 of said chapter 32, as so appearing, is hereby further amended by striking out, in lines 72 and 73 and in lines 92 and 93, the words ", before attaining age fifty-five,".

SECTION 24D. Said section 10 of said chapter 32, as so appearing, is hereby further amended by striking out, in lines 141 and 142, the words "who has not attained age fifty-five and".

SECTION 24E. Subdivision (4) of said section 10 of said chapter 32, as so appearing, is hereby amended by striking out the last sentence.

SECTION 25. Sections 90F, 90G and 90G> of said chapter 32 are hereby repealed.

SECTION 26. Section 90G of said chapter 32, as appearing in the 1998 Official Edition, is hereby amended by striking out, in lines 1 and 2, the words "section ninety F, ninety G, or ninety H or any other" and inserting in place thereof the following word:- any.

SECTION 27. Said section 90G of said chapter 32, as so appearing, is hereby further amended by striking out, in lines 25 and 26, the words "pursuant to said section ninety F, ninety G, or ninety H".

SECTION 28. Sections 90H and 90I of said chapter 32 are hereby repealed.

Approved June 30, 2000.