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HOUSE DOCKET, NO. 3476 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 2603
The Commonwealth of Massachusetts
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PRESENTED BY:
Paul McMurtry
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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 further regulating the retirement benefits of certain public safety employees.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Paul McMurtry11th Norfolk1/20/2023 1 of 6
HOUSE DOCKET, NO. 3476 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 2603
By Representative McMurtry of Dedham, a petition (accompanied by bill, House, No. 2603) of
Paul McMurtry for legislation to further regulate the retirement benefits of certain public safety
employees. Public Service.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 2730 OF 2021-2022.]
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 further regulating the retirement benefits of certain public safety employees.
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. Subdivision (3) of section 21 of Chapter 32, as amended by section 1 of
2chapter 17 of the acts of 1997, is hereby further amended by inserting after paragraph (f) the
3following paragraph:
4 (g) the review and analysis of information required under section twenty-six A as it
5relates to the employees contribution rate changes and benefit changes under said section 26A.
6Such analysis shall focus on the contributions made by members and the normal cost of benefit,
7plus any other liabilities determined by the actuary to be a result of such benefit changes under
8said section 26A. Beginning January first, two thousand and four and every five years thereafter,
9the actuary shall forward to the respective system such analysis. 2 of 6
10 SECTION 2. Subdivision (1) of section 22 of chapter 32 of the General Laws is hereby
11amended by striking out paragraph (b) as amended by section 176 of chapter 151 of the acts of
121996, and inserting in place thereof the following paragraph:-
13 (b) The treasurer or other disbursing officer in charge of payroll in any governmental unit
14to which a system pertains, and the treasurer or other disbursing officer in charge of payrolls in
15any free public library the employees of which are eligible for membership in a system, shall,
16upon written notice from the board, withhold on each pay day five per cent of the regular
17compensation of each employee who is a member in service of the system, which is received on
18such day by such member on account of service rendered to him on or after January 1, 1946, and
19not later than the date on his attaining the maximum age for his group, in the case of an
20employees who entered the service of the commonwealth or a political subdivision thereof prior
21to January 1, 1975; withhold on each pay day seven per cent of the regular compensation of each
22employee who is a member in service of the system, which is received on such day by such
23member on account of service rendered by him on or after January 1, 1975, and not later than the
24date of his attaining the maximum age for his group, in the case of an employee who entered the
25service of the commonwealth or a political subdivision thereof on or after January 1, 1975, but
26prior to January 1, 1984; and withhold on each pay day eight per cent of the regular
27compensation of each employee who is a member in service of the system, which is received on
28such day by such member on account of service rendered by him on or after January 1, 1984, and
29not later than the date of his attaining the maximum age for his group in the case of an employee
30who entered the service of the commonwealth or a political subdivision thereof on or after
31January 1, 1984, but before July 1, 1996; and withhold on each pay day nine per cent of the
32regular compensation of each employee who is a member in service of the system, which is 3 of 6
33received on such day by such member on account of service rendered by him on or after July 1,
341996, and not later than the date of his attaining the maximum age for his group in the case of an
35employee who entered the service of the commonwealth or a political subdivision thereof on or
36after July 1, 1996; and withhold on each pay day twelve per cent of the regular compensation of
37each employee who is a member of the state police appointed pursuant to section 10 of chapter
3822C, and is a member in service of the system, which is received on such day by such member
39on account of service rendered by him on or after July 1, 1996, and not later than the date of his
40attaining the maximum age for his group in the case of such employee who entered the service of
41said state police on or after July 1, 1996; and withhold on each pay day twelve per cent of the
42regular compensation of each employee who is eligible to receive benefits provided for pursuant
43to section 26A; provided, however, that in the case of any teacher such withholding shall be
44made upon written notice from the school committee, board of trustees or other employing
45authority, to the treasurer or other disbursing officer of the political subdivision by which such
46teacher is employed.
47 SECTION 3. Chapter 32 of the General Laws is hereby amended by inserting after
48section twenty-six the following section:-
49 Section 26A. (1) As used in this section, the following words shall, unless the context
50otherwise requires, have the following meanings:-
51 “Public Safety Officer” a probation officer; or trial court officer; or a police officer; or a
52corrections officer; or a firefighter; or an environmental police officer.
53 (2) Any public safety officer employed as of the effective date of this act shall be retired
54by the appropriate retirement board upon his attaining age sixty-five; provided that any such 4 of 6
55public safety officer who has performed service as a public safety officer for not less than twenty
56years but including creditable service granted by paragraph (h) of subdivision (1) of section four
57and who has not attained the age of sixty-five may elect to retire pursuant to the provisions of
58this subdivision.
59 Any public safety officer employed after the effective date of this act shall be retired by
60the appropriate retirement board upon his attaining age sixty-five; provided that any such public
61safety officer who has performed service as a public safety officer for not less than twenty years
62but including creditable service granted by paragraph (h) of subdivision (1) of section four and
63who has not attained the age of sixty-five shall be retired pursuant to the provisions of this
64subdivision.
65 (3) Upon retirement under the provisions of this subdivision, a member shall receive a
66retirement allowance to become effective on the date of his retirement. Payments under such
67retirement allowance shall be made as provided for in sections twelve and thirteen and the
68normal yearly amount thereof shall be equal to sixty percent of the average annual rate of his
69regular compensation received by such member during any period of three consecutive years of
70creditable service for which such rate of compensation was the highest, or on the average annual
71rate of regular compensation received by such member during the period or periods, whether
72consecutive or not, constituting his last three years of creditable service preceding his retirement,
73whichever is the greater, provided, that the total amount of the allowance shall be increased by
74one-twelfth of three percent for each full month of service in excess of twenty years of service;
75provided, however, that such retirement allowance shall in no case exceed seventy-five percent
76of such regular compensation. Any such member retired under the provision of this subdivision
77who is a veteran as defined in section one shall receive an additional retirement allowance of 5 of 6
78fifteen dollars for each year of creditable service or fraction thereof; provided, that the total
79amount of said additional retirement allowance shall not exceed three hundred dollars in any
80case.
81 (4) Any provision of sections one to twenty-eight, inclusive, which are inconsistent with
82any provision of this section, shall not apply to any member so classified under this section;
83provided however that any member with less than twenty years of creditable service as a public
84safety officer upon retirement shall be retired in accordance with the provisions of paragraph (a)
85and (b) of subdivision (2) of section five of chapter 32, and subject to the limitation set forth in
86paragraphs (c) and (d) of said subdivision (2), and shall be based on such member's age and
87number of years and full months of creditable service on the date the retirement allowance
88become effective.
89 (5) The actuary, acting under the provisions of paragraph (g) of subdivision (3) of section
90twenty one, shall require each board to obtain certain information from each member eligible for
91the retirement benefit under this section, including the name, date of birth, prior contribution
92rate, date of hire and any other information required by the actuary for the purposes of the report
93required under said paragraph (g).
94 SECTION 4. Any member of a retirement system who meets the definition of public
95safety officer as defined by section twenty-six A of chapter thirty-two on the effective date of
96this act may elect in writing to participate in the alternative public safety retirement benefit
97provided under said section twenty-six A within two hundred and seventy days of the date this
98act takes effect. Any such election shall become effective on the first day of pay period next
99following such election, and shall constitute a waiver of any retirement benefits provided under 6 of 6
100section five or section ten of chapter thirty-two. Any member making such an election shall be
101required to make a minimum of three years' of retirement contributions at the rate of twelve
102percent; provided, however that if said member chooses to retire before he has made said three
103years of contributions at twelve percent, said member shall pay into the annuity savings fund or
104have deducted from his retirement allowance an amount equal to the contributions that would
105have been made had such member remained in service for three years at the rate of regular
106compensation from which he retired. The election by an eligible member to participate in the
107alternative public safety retirement benefit provided for under said section twenty-six A shall be
108irrevocable.
109 SECTION 5. The additional contributions required under paragraph (b1/2) of subdivision
110(1) of section 22 shall not apply to any public safety officer as defined by section twenty-six A of
111said chapter thirty-two.
112 SECTION 6. This act shall take effect upon its passage and continue for a period of
113five years.