Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H2668 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. 1395 FILED ON: 1/18/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 2668
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Alyson M. Sullivan-Almeida
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 relative to the retirement benefits of certain public safety employees.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Alyson M. Sullivan-Almeida7th Plymouth1/18/2023David F. DeCoste5th Plymouth2/9/2023 1 of 6
16	16	HOUSE DOCKET, NO. 1395 FILED ON: 1/18/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 2668
18	18	By Representative Sullivan-Almeida of Abington, a petition (accompanied by bill, House, No.
19	19	2668) of Alyson M. Sullivan-Almeida and David F. DeCoste relative to the retirement benefits
20	20	of certain public safety employees. Public Service.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE HOUSE, NO. 3800 OF 2021-2022.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Third General Court
26	26	(2023-2024)
27	27	_______________
28	28	An Act relative to the retirement benefits of certain public safety employees.
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. Subdivision (3) of section 21 of chapter 32 of the General Laws, as
32	32	2appearing in the 2020 Official Edition, is hereby amended by inserting after paragraph (g) the
33	33	3following paragraph:—
34	34	4 (h) the review and analysis of information required pursuant to section 26A as it relates to
35	35	5the employees contribution rate changes and benefit changes. Such analysis shall focus on the
36	36	6contributions made by members and the normal cost of benefit, plus any other liabilities
37	37	7determined by the actuary to be a result of benefit changes pursuant to said section 26A.
38	38	8Beginning January 1, 2024, and every 5 years thereafter, the actuary shall forward their analysis
39	39	9to the respective system. 2 of 6
40	40	10 SECTION 2. Subdivision (1) of section 22 of said chapter 32, as so appearing, is hereby
41	41	11amended by striking out paragraph (b) and inserting in place thereof the following paragraph: —
42	42	12 (b) The treasurer or other disbursing officer in charge of payroll in any governmental unit
43	43	13to which a system pertains, and the treasurer or other disbursing officer in charge of payrolls in
44	44	14any free public library the employees of which are eligible for membership in a system, shall,
45	45	15upon written notice from the board:
46	46	16 (i) withhold on each pay day 5 per cent of the regular compensation of each employee
47	47	17who is a member in service of the system, which is received on the day by the member on
48	48	18account of service rendered to the member on or after January 1, 1946, and not later than the date
49	49	19of their attaining the maximum age for their group, in the case of an employee who entered the
50	50	20service of the commonwealth or a political subdivision thereof prior to January 1, 1975;
51	51	21 (ii) withhold on each pay day 7 per cent of the regular compensation of each employee
52	52	22who is a member in service of the system, which is received on the day by the member on
53	53	23account of service rendered by the member on or after January 1, 1975, and not later than the
54	54	24date of their attaining the maximum age for their group, in the case of an employee who entered
55	55	25the service of the commonwealth or a political subdivision thereof on or after January 1, 1975,
56	56	26but prior to January 1, 1984;
57	57	27 (iii) withhold on each pay day 8 per cent of the regular compensation of each employee
58	58	28who is a member in service of the system, which is received on the day by the member on
59	59	29account of service rendered by the member on or after January 1, 1984, and not later than the
60	60	30date of their attaining the maximum age for their group, in the case of an employee who entered 3 of 6
61	61	31the service of the commonwealth or a political subdivision thereof on or after January 1, 1984,
62	62	32but before July 1, 1996;
63	63	33 (iv) withhold on each pay day 9 per cent of the regular compensation of each employee
64	64	34who is a member in service of the system, which is received on the day by the member on
65	65	35account of service rendered by the member on or after July 1, 1996, and not later than the date of
66	66	36their attaining the maximum age for their group, in the case of an employee who entered the
67	67	37service of the commonwealth or a political subdivision thereof on or after July 1, 1996;
68	68	38 (v) withhold on each pay day 12 per cent of the regular compensation of each employee
69	69	39who is a member of the department of state police appointed pursuant to section 10 of chapter
70	70	4022C, and is a member in service of the system, which is received on the day by the member on
71	71	41account of service rendered by the member on or after July 1, 1996, and not later than the date of
72	72	42their attaining the maximum age for their group, in the case of an employee who is eligible to
73	73	43receive benefits provided for pursuant to section 26A.
74	74	44 In the case of any teacher the withholding shall be made upon written notice from the
75	75	45school committee, board of trustees or other employing authority, to the treasurer or other
76	76	46disbursing officer of the political subdivision by which the teacher is employed.
77	77	47 SECTION 3. Said chapter 32 of the General Laws is hereby amended by inserting after
78	78	48section 26 the following section:—
79	79	49 Section 26A. (1) As used in this section, the term “public safety officer” shall, unless the
80	80	50context clearly requires otherwise, mean any member of a municipal police department as
81	81	51classified to be in Group 4 pursuant to paragraph (g) of subdivision (2) of section 3 or sheriff or 4 of 6
82	82	52employee of a sheriff’s department so classified; provided, the employee of a sheriff’s
83	83	53department is not a member of the state employees’ retirement system.
84	84	54 (2) Any public safety officer employed as of the effective date of this section shall be
85	85	55retired by the appropriate retirement board upon their attaining age 65; provided, that any such
86	86	56public safety officer who has performed service as a public safety officer for not less than 20
87	87	57years, including creditable service granted by paragraph (h) of subdivision (1) of section 4 and
88	88	58who has not attained the age of 65 may elect to retire pursuant to this section. Any public safety
89	89	59officer employed after the effective date of this section shall be retired by the appropriate
90	90	60retirement board upon their attaining age 65; provided, that any such public safety officer who
91	91	61has performed service as a public safety officer for not less than 20 years, including creditable
92	92	62service granted by paragraph (h) of subdivision (1) of section 4 and who has not attained the age
93	93	63of 65 shall be retired pursuant to this section.
94	94	64 (3) Upon retirement pursuant to this section, a member shall receive a retirement
95	95	65allowance to become effective on the date of the member’s retirement. Payments under such
96	96	66retirement allowance shall be made as provided for in sections 12 and 13 and the normal yearly
97	97	67amount shall be equal to 60 per cent of the average annual rate of the member’s regular
98	98	68compensation received by such member during any period of 3 consecutive years of creditable
99	99	69service for which such rate of compensation was the highest, or on the average annual rate of
100	100	70regular compensation received by such member during the period or periods, whether
101	101	71consecutive or not, is constituting the member’s last 3 years of creditable service preceding the
102	102	72member’s retirement, whichever is the greater; provided, that the total amount of the allowance
103	103	73shall be increased by 1/12 of 3 per cent for each full month of service in excess of 20 years of
104	104	74service; provided, however, that such retirement allowance shall in no case exceed 75 per cent of 5 of 6
105	105	75such regular compensation. Any such member retired pursuant to this section who is a veteran as
106	106	76defined in section 1 shall receive an additional retirement allowance of $15 for each year of
107	107	77creditable service or fraction thereof; provided, that the total amount of the additional retirement
108	108	78allowance shall not exceed $300.
109	109	79 (4) Any provision of sections 1 to 28, inclusive, which are inconsistent with this section,
110	110	80shall not apply to any member so classified under this section; provided, however, that any
111	111	81member with less than 20 years of creditable service as a public safety officer upon retirement
112	112	82shall be retired in accordance with the provisions of paragraphs (a) and (b) of subdivision (2) of
113	113	83section 5 and subject to the limitations set forth in paragraphs (c) and (d) of said subdivision (2)
114	114	84and shall be based on the member’s age and number of years and full months of creditable
115	115	85service on the date the retirement allowance becomes effective.
116	116	86 (5) The actuary, acting pursuant to paragraph (h) of subdivision (3) of section 21, shall
117	117	87require each board to obtain certain information from each member eligible for the retirement
118	118	88benefit authorized pursuant to this section, including the name, date of birth, prior contribution
119	119	89rate, date of hire and any other information required by the actuary for the purposes of the report
120	120	90required under said paragraph (h).
121	121	91 SECTION 4. Any member of a retirement system who meets the definition of public
122	122	92safety officer as defined in section 26A of chapter 32 of the General Laws on the effective date
123	123	93of this act may elect in writing to participate in the alternative public safety retirement benefit
124	124	94provided for pursuant to said section 26A within 180 days of the effective date this act. Any such
125	125	95election shall become effective on the first day of the next pay period following such election,
126	126	96and shall constitute a waiver of any retirement benefits provided pursuant to section 5 or section 6 of 6
127	127	9710 of said chapter 32. Any member making such an election shall be required to make a
128	128	98minimum of 3 years of retirement contributions at the rate of 12 per cent; provided, however,
129	129	99that if the member chooses to retire before the member has made 3 years of contributions at 12
130	130	100per cent, the member shall pay into the annuity savings fund or have deducted from their
131	131	101retirement allowance an amount equal to the contributions that would have been made had such
132	132	102member remained in service for 3 years at the rate of regular compensation from which the
133	133	103member retired. The election by an eligible member to participate in the alternative public safety
134	134	104retirement benefit provided for under said section 26A shall be irrevocable.
135	135	105 SECTION 5. The additional contributions required under paragraph (b ½) of subdivision
136	136	106(1) of section 22 of chapter 32 of the General Laws shall not apply to any public safety officer as
137	137	107defined in section 26A of said chapter 32.