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The 190th General Court of the Commonwealth of Massachusetts

AN ACT FURTHER REGULATING SURVIVORS’ PENSION BENEFITS AND QUALIFIED DOMESTIC RELATIONS ORDERS.

      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.  Section 9 of chapter 32 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out, in line 46, the word “thirteen”, and inserting in place thereof the following words:- 13; provided, however, that if a beneficiary is eligible for benefits under this section and under option (c) of section 12, the beneficiary shall elect to receive either a benefit  under option (c) or a benefit pursuant to this section but shall not be eligible for both benefits; and provided further, that a full benefit provided under this section and a full benefit provided under option (c) shall not be paid concurrently to 2 different beneficiaries on account of 1 member.
      SECTION 2.  Said section 9 of said chapter 32, as so appearing, is hereby further amended by inserting after the word “member”, in line 53, the following words:- ; and provided further, that if an ex-spouse is named as an option (c) beneficiary pursuant to a qualified domestic relations order on file with the retirement board, the option (c) benefit shall be paid and any amount so paid shall be deducted from the benefit calculated pursuant to this subdivision.
      SECTION 3.  Section 12 of said chapter 32, as so appearing, is hereby amended by inserting after the word “benefits”, in line 14, the following words:- ; and provided further, that a full benefit provided under section 9 and a full benefit provided under option (c) shall not be paid to 2 different beneficiaries on account of 1 member.
      SECTION 4.  This act shall only apply to benefits first granted on or after July 1, 2016, including benefits pursuant to option (c) of subdivision (2) of section 12 of chapter 32 of the General Laws.

Approved, April 13, 2016.