Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H2624 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. 2802 FILED ON: 1/19/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 2624
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Steven Owens
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 to modernize and streamline contributory retirement appeals.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Steven Owens29th Middlesex1/17/2023 1 of 3
16	16	HOUSE DOCKET, NO. 2802 FILED ON: 1/19/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 2624
18	18	By Representative Owens of Watertown, a petition (accompanied by bill, House, No. 2624) of
19	19	Steven Owens relative to appeals to the Contributory Retirement Appeal Board. Public Service.
20	20	The Commonwealth of Massachusetts
21	21	_______________
22	22	In the One Hundred and Ninety-Third General Court
23	23	(2023-2024)
24	24	_______________
25	25	An Act to modernize and streamline contributory retirement appeals.
26	26	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
27	27	of the same, as follows:
28	28	1 Section 1. The Contributory Retirement Appeal Board codified in Ch. 32 sec. 16(4) is
29	29	2hereby dissolved.
30	30	3 Section 2. Ch. 32 section 16(4)is hereby struck and is replaced by a new Ch. 32 sec.
31	31	416(4):
32	32	5 "Right of Appeal to Division of Administrative Law Appeals. On matters other than
33	33	6those subject to review by the district court as provided for in subdivision (3), or other than those
34	34	7which would have been subject to review had the requirement for the minimum period of
35	35	8creditable service been fulfilled, any person when aggrieved by any action taken or decision of
36	36	9the retirement board or the public employee retirement administration commission rendered, or
37	37	10by the failure of a retirement board or the public employee retirement administration commission
38	38	11to act, may appeal to the Division of Administrative Law Appeals as provided for in Ch. 7 sec.
39	39	124H, by filing therewith a claim in writing within180 days of notification of such action or 2 of 3
40	40	13decision of the retirement board or the commission, or may so appeal within fifteen days after
41	41	14the expiration of the time specified in sections one to twenty eight, inclusive, within which a
42	42	15board or the commission must act upon a written request thereto, or within180 days after the
43	43	16expiration of one month following the date of filing a written request with the board or the
44	44	17commission if no time for action thereon is specified, in case the board or the commission failed
45	45	18to act thereon within the time specified or within one month, as the case may be."
46	46	19 The division of administrative law appeals shall hold a hearing within 180 days of receipt
47	47	20of an appeal. After the conclusion of such hearing, the Division of Administrative Law Appeals
48	48	21shall submit to the parties a written decision within 180 days which shall be final and binding
49	49	22upon the board involved and upon all other parties, and shall be complied with by such board and
50	50	23by such parties.
51	51	24 Any person, upon making an appeal involving a disability retirement allowance, shall be
52	52	25permitted to retire for superannuation retirement, if otherwise eligible, pending the decision of
53	53	26the division of administrative law appeals, but in no event shall. such action prejudice the person
54	54	27from receiving any further benefits which the division of administrative law appeals may grant in
55	55	28its decision nor shall the person upon a finding in favor of the employer be required to reimburse
56	56	29the employer for payments made prior to the decision of the division of administrative law
57	57	30appeals.
58	58	31 On appeals involving disability or where medical reports are part of the proceedings, the
59	59	32division of administrative law appeals may request further information from the members of the
60	60	33appropriate regional medical panel or may employ a registered physician to advise them in
61	61	34determination of an appeal. 3 of 3
62	62	35 The division of administrative law appeals shall have the power to subpoena witnesses,
63	63	36administer oaths and examine such parts of the books and records of the parties to a proceeding
64	64	37as relate to questions in dispute. Fees for such witnesses shall be the same as for witnesses before
65	65	38the courts in civil actions and shall be paid from the Appropriation Fund of the division of
66	66	39administrative law appeals.
67	67	40 The division of administrative law appeals shall arrange for the publication of its
68	68	41decisions and the cost of such publication shall be paid from the Appropriation Fund of the
69	69	42division of administrative law appeals.
70	70	43 The division of administrative law appeals shall submit to the commissioner of
71	71	44administration on an annual basis a report on the status of all cases that have been assigned to the
72	72	45division of administrative law appeals for a hearing.
73	73	46 Transition rule for cases pending at CRAB on effective date of this Act.
74	74	47 For all cases pending before the Contributory Retirement Appeal Board on the effective
75	75	48date of this act, the decision of the Division of Administrative Law Appeals shall be deemed
76	76	49final and binding. Any party to the appeal shall be entitled to appeal the decision of Division of
77	77	50Administrative Law Appeals to the Superior Court pursuant to Ch. 30A sec. 14.