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HOUSE DOCKET, NO. 3351 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 2433
The Commonwealth of Massachusetts
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PRESENTED BY:
Bruce J. Ayers
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to group classification.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Bruce J. Ayers1st Norfolk1/20/2023Deborah B. GoldbergTreasurer, Office of the State
Treasurer and Receiver General
1/23/2023Lindsay N. Sabadosa1st Hampshire3/1/2023 1 of 3
HOUSE DOCKET, NO. 3351 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 2433
By Representative Ayers of Quincy, a petition (accompanied by bill, House, No. 2433) of Bruce
J. Ayers, Deborah B. Goldberg and Lindsay N. Sabadosa relative to public employee retirement
group classifications. Public Service.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act relative to group classification.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Section 3 of chapter 32 of the General Laws, as appearing in the 2020
2Official Edition, is hereby amended by striking out, in line 275, the words “and employees of the
3commonwealth or of any county whose regular and major duties require them to have the care,
4custody, instruction or other supervision of parolees or persons who are mentally ill or mentally
5defective or defective delinquents or wayward children and employees of Cushing hospital” and
6inserting in place thereof the following words:- and employees or former employees of the
7commonwealth or of any county who are active members of a retirement system, and members
8of the state employees retirement system whose regular and the recurring majority of their duties
9require them to have care, custody, instruction or other supervision, or require them to provide
10services to parolees, persons who are mentally ill, or persons with physical, functional,
11intellectual, or developmental disabilities, or delinquent youth, and employees of Cushing
12hospital 2 of 3
13 SECION 2. Section 5 of chapter 32 of the General Laws, as so appearing, is hereby
14amended by inserting, in line 126, after the words “rendered in each group;” the following:-
15provided, however, that classification of the eligible prior service rendered by the member in
16each group shall be made by the retirement board from which the member is retiring;
17 SECTION 3. Said section 5 of said chapter 32, as so appearing, is hereby further
18amended by inserting, in line 130, after the words “rendered in each group” the following:-
19provided, however, that classification of the eligible prior service rendered by the member in
20each group shall be made by the retirement board from which the member is retiring
21 SECTION 4. Subsection (2) of section 5 of chapter 32 of the General Laws, as so
22appearing, is hereby amended in subparagraph (a) by striking out the fourth sentence and
23inserting in place thereof the following sentence:-A member who entered service on or before
24April, 2, 2012 and seeks Group 2 or Group 4 classification and is no longer a public employee at
25the time of the member's retirement shall be classified based on the position from which the
26member was last employed; provided that said member who entered service on or before April 2,
272102 and who is no longer a public employee at the time of the member’s retirement and who
28has served in more than 1 group may elect to receive a retirement allowance consisting of pro-
29rated benefits based upon the percentage of total years of service that the member rendered in
30each group.
31 SECTION 5. Subsection (4) of section 26 of Chapter 32 of the General Laws, as so
32appearing, is hereby amended in subparagraph (c) by inserting after the last paragraph the
33following paragraphs:- 3 of 3
34 Any member in service who has attained the age of 55, who has accrued not less than
35twenty years of creditable service in the department of state police, and who has served in more
36than 1 group may elect to receive a retirement allowance consisting of pro-rated benefits as
37determined by the state retirement board based upon the percentage of total years of service that
38the member rendered in each group; provided, that such retirement allowance shall in no case
39exceed 75 per cent of such regular compensation.
40 Any member in service as of April 2, 2012 who has not attained the age of 55, who has
41accrued less than twenty years of creditable service in the department of state police, and who
42has served in more than 1 group may elect to receive a retirement allowance consisting of pro-
43rated benefits as determined by the state retirement board based upon the percentage of total
44years of service that the member rendered in each group; provided, that such retirement
45allowance shall be calculated in accordance with the provisions of section 5 or 10 of Chapter 32;
46provided further that any such service with the department of state police for purposes of this
47paragraph shall be considered as Group 4. The retirement allowance provided in this paragraph
48shall consist of pro-rated benefits based upon the percentage of total years of service that the
49member rendered in each group; provided further, that the retirement allowance set forth in this
50paragraph for members who became members on or after April 2, 2012, and who served in more
51than one group, shall consist of pro-rated benefits based upon the percentage of total years of
52service that member rendered in each group.