Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H2429 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 566 FILED ON: 1/13/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 2429
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Brian M. Ashe
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act establishing an elected and appointed board for the Hampden County Regional
13	13	Retirement System.
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :DATE ADDED:Brian M. Ashe2nd Hampden1/13/2023 1 of 6
17	17	HOUSE DOCKET, NO. 566 FILED ON: 1/13/2023
18	18	HOUSE . . . . . . . . . . . . . . . No. 2429
19	19	By Representative Ashe of Longmeadow, a petition (accompanied by bill, House, No. 2429) of
20	20	Brian M. Ashe relative to establishing an elected and appointed board for the Hampden County
21	21	Regional Retirement System. Public Service.
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Third General Court
25	25	(2023-2024)
26	26	_______________
27	27	An Act establishing an elected and appointed board for the Hampden County Regional
28	28	Retirement System.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Notwithstanding any general or special law to the contrary, the Hampden
32	32	2County regional retirement system, hereinafter referred to in this act as “the system”, shall be
33	33	3governed by administrators, hereinafter referred to in this act as “administrators”, and a board of
34	34	4directors, hereinafter referred to in this act as “the board”.
35	35	5 (A) The administrators of the Hampden County regional retirement system shall be
36	36	6comprised of one individual appointed by the chief elected official or governing body of each
37	37	7member agency of the Hampden County regional retirement board (Mayor, Select Board, School
38	38	8Committee, Board of Directors, Town Council). Administrators from communities must be
39	39	9elected or appointed town officials. Administrators from fire and water districts must be a full-
40	40	10time employee of that agency. Administrators from all other retirement member agencies
41	41	11(including regional school districts, veteran’s service districts, emergency dispatch services and 2 of 6
42	42	12regional retirement boards) shall be an elected or appointed official of that organization. None of
43	43	13these administrators need be participants in the Hampden County regional retirement system.
44	44	14 (1)The administrators of the Hampden County regional retirement system shall meet
45	45	15no less than two times per fiscal year. Their meeting shall be governed by the Open Meeting
46	46	16Law requirements of the commonwealth of Massachusetts.
47	47	17 (2)It shall be the responsibility of the administrators to:
48	48	18 (a) Elect three of the seven members of the board as described in section B(2)(b),
49	49	19B(2)(c) and B(2)(d)
50	50	20 (b) Approve by a 2/3 vote, changes to the bylaws of the Hampden County retirement
51	51	21board as described in section 2.
52	52	22 (3) Administrators shall serve at the pleasure of their appointing authority and their
53	53	23 appointment shall be renewed annually. There is no limit to the terms for which
54	54	24 an administrator may serve.
55	55	25 (B) The board of the Hampden County regional retirement system shall consist of seven
56	56	26members, six of whom are elected and one of whom is appointed.
57	57	27 (1) It shall be the responsibility of the board to:
58	58	28 (a) Hire and oversee the system administrator or director
59	59	29 (b) Approve the budget and operations of the system
60	60	30 (c) Oversee the operations and administration of the system 3 of 6
61	61	31 (2) Six members of the board shall be elected as follows:
62	62	32 (a) Three members of the board shall be elected at large by a majority of the
63	63	33members of the Hampden County regional retirement system. Both active and retired members
64	64	34shall be eligible to vote for these board members. Each of these 3 members' terms shall expire in
65	65	35a different year; The election of these board members will be supervised by the board and staff
66	66	36of the Hampden County regional retirement board with the vote totals posted on the system’s
67	67	37website.
68	68	38 (b) One member shall be elected from and by the administrators who represent
69	69	39member community agencies. This representative shall be one of the community administrators.
70	70	40This individual need not be a member of the Hampden County regional retirement system.
71	71	41 (c) One member shall be elected from and by the administrators who represent the
72	72	42housing authorities and fire and water districts agencies. The elected individual need not be a
73	73	43member of the Hampden County regional retirement system; and
74	74	44 (d) One member shall be elected from and by the administrators who represent all
75	75	45other Hampden County regional retirement member agencies including regional school districts,
76	76	46veteran's service districts, emergency dispatch services and regional retirement boards. The
77	77	47elected individual need not be a member of the Hampden County regional retirement system.
78	78	48 (e) The election of each of the three administrators in sections (B)(2)(a), (B)(2)(b)
79	79	49and (B)(2)(c) shall be conducted by roll-call vote, and the record of each election, including vote
80	80	50totals, shall be reported back to the agencies’ chief elected official or body. 4 of 6
81	81	51 (3) One member of the board shall be appointed by the treasurers of the system
82	82	52member agencies. This member shall serve for a 3-year term. The selection of this board
83	83	53member shall be supervised by the treasurers.
84	84	54 (4) A board member may serve no more than three consecutive terms.
85	85	55 (5) The terms of the 7 board members shall be staggered so that 2 members are elected
86	86	56in 2 consecutive years and 3 members are elected in the third year.
87	87	57 (6) Every 2 years, the board by majority vote shall elect 1 of its members to serve as
88	88	58chair of the board.
89	89	59 (7) Board members shall be 7 distinct individuals and no more than 2 members of the
90	90	60board shall be affiliated with the same member agency of the Hampden County regional
91	91	61retirement system.
92	92	62 SECTION 2. The board shall create, or direct to be created, by-laws of the organization.
93	93	63The by-laws shall include, but not be limited to the organizational structure, voting and election
94	94	64procedures, including a procedure for the filling of board vacancies, the role of the treasurers'
95	95	65advisory board, investment policies, frequency and responsibility for agency financial reporting
96	96	66and audits, committee and subcommittee structure as well as other policies and procedures of the
97	97	67organization.
98	98	68 The by-laws of the Hampden County regional retirement board shall take effect when
99	99	69ratified by a vote of 2/3 of the administrators. Subsequent revisions to the by-laws shall also
100	100	70require a 2/3 approval vote of the administrators. All such votes require a publicly recorded vote
101	101	71of the agency governing body. 5 of 6
102	102	72 SECTION 3. (a) Elections of board members as described in section 1B shall be
103	103	73completed within 120 days following the passage of this act.
104	104	74 (b) The term of office for all persons serving as members of the board of the Hampden
105	105	75county regional retirement system at the time of passage of this act shall end on the earlier date
106	106	76of 120 days following the passage of this act or upon the election of the board as proscribed in
107	107	77section 1.
108	108	78 (c) For the 6 members initially elected to the board as described in sections B(2)(a),
109	109	79B(2)(b), B(2)(c) and B(2)(d), initial terms shall be staggered as follows:
110	110	80 (i) For the three members elected by the members (Section B(2)(a)) one member shall
111	111	81serve for 1 year, one member for 2 years, and one member for 3 years.
112	112	82 (ii) The member elected through Section B(2)(b) shall serve an initial term of 1 year
113	113	83 (iii) The member elected through Section B(2)(c) shall serve an initial term of 2 years
114	114	84 (iv) The member elected through Section B(2)(d) shall serve an initial term of 3 years
115	115	85 (d) The board member appointed by the treasurers of the system shall serve a 3-year term.
116	116	86 (e) Subsequent terms for all elected board members shall be three years in duration.
117	117	87 (f) All board terms shall expire at the end of the state fiscal year so the first terms of all
118	118	88elected officials may be less than a full 1, 2 or 3 years.
119	119	89 (g) The initial draft of by-laws for the Hampden county regional retirement board shall be
120	120	90presented to the administrators for ratification within 180 days of the formation of the 7-member
121	121	91board of directors. Agency operations may be conducted under these by-laws on an interim basis 6 of 6
122	122	92following their presentation to the administrators. Ratified by-laws shall be in place within 270
123	123	93days of the formation of the 7-member board of directors.
124	124	94 SECTION 4. This act shall take effect upon its passage.