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