Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same as follows:
Section 140 of chapter 25 of the acts of 2009 is hereby amended by adding the following paragraph:-
Nothing in this section shall restrict the authority of the Massachusetts Bay Transportation Authority to bargain collectively with the authorized collective bargaining representatives of its employees over the establishment of a Health and Welfare Trust Plan or to pay the cost, in whole or in part, as determined by collective bargaining, of any supplementary benefits or coverages provided under such a trust plan. The Health and Welfare Trust Plan may provide Massachusetts Bay Transportation Authority employees and retirees with supplementary payments, payroll deduction arrangements, supplementary benefit coverages, workplace health and treatment benefits and life and disability income benefits, as the Massachusetts Bay Transportation Authority and the authorized collective bargaining representatives may determine, funded in a manner that they also determine. The Health and Welfare Trust Plan benefits, coverages and other contents shall be determined so as to avoid duplication of group insurance commission benefits and coverages. Disputes that arise during collective bargaining over the plan contents and covered benefits shall be resolved under the dispute resolution procedures in section 28 of chapter 161A of the General Laws. The Health and Welfare Trust Plan shall be designed to provide payroll and income tax reduction under the federal and state tax codes, in compliance with such laws and regulations that pertain to such arrangements. The Health and Welfare Trust Plan shall be administered by no fewer than 7 trustees, 3 of whom shall be appointed by the Massachusetts Bay Transportation Authority and 3 of whom shall be appointed by the participating collective bargaining representatives, with 1 neutral trustee selected by the other 6 from a list of 7 experienced neutrals provided by the American Arbitration Association. Each trustee may strike at least 1 name from the list until only 1 remains. The neutral trustee shall vote only on occasions of a tie vote by the trustees, subject to such rules and procedures as the trustees shall adopt and publish. The trustees shall have no authority to establish benefits or to otherwise alter the Health and Welfare Trust Plan.
Approved, November 21, 2011.