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HOUSE DOCKET, NO. 3139 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 3647
The Commonwealth of Massachusetts
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PRESENTED BY:
Tricia Farley-Bouvier and Paul W. Mark
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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 retirement benefits for June Tooley.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Tricia Farley-Bouvier2nd Berkshire1/11/2023Paul W. MarkBerkshire, Hampden, Franklin and
Hampshire
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HOUSE DOCKET, NO. 3139 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 3647
By Representative Farley-Bouvier of Pittsfield and Senator Mark, a joint petition (accompanied
by bill, House, No. 3647) of Tricia Farley-Bouvier and Paul W. Mark relative to authorizing
June Tooley, an employee of Berkshire Community College, to become a member of the State
Employees Retirement System. 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 retirement benefits for June Tooley.
Whereas, The deferred operation of this act would tend to defeat its purpose, which is to
authorize forthwith a certain employee of Berkshire Community College to become a member of
the state employees' retirement system, therefore it is hereby declared to be an emergency law,
necessary for the immediate preservation of the public convenience.
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. (a) Notwithstanding section 60 of chapter 176 of the acts of 2011 or any
2other general or special law to the contrary, June Tooley, an employee of Berkshire Community
3College, may, within 30 days of the effective date of this act elect to become a member of the
4state employees' retirement system. June Tooley shall provide written notice of such election to
5the state retirement board and the department of higher education.
6 (b) Upon such election to become a member of the state employees’ retirement system,
7June Tooley shall discontinue participation in the optional retirement program established in
8subsection 3 of section 40 of chapter 15A of the General Laws. Such election shall be 2 of 2
9irrevocable and shall result in the forfeiture of all benefits, rights and privileges associated with
10the optional retirement program.
11 SECTION 2. (a) Notwithstanding section 4 of chapter 32 of the General Laws or any
12other general or special law to the contrary, upon electing to become a member of the state
13employees' retirement system, June Tooley shall purchase creditable service for the service she
14rendered for Berkshire Community College from September 1, 1999 until the effective date of
15her membership in the state employees' retirement system.
16 (b) The purchases for creditable service in subsection (a) shall be in 1 lump sum or in
17installments upon such terms as the state retirement board may provide; provided however, that
18said purchases shall be in the amount equal to the contributions June Tooley and the
19commonwealth as her employer would have otherwise paid into the state employees’ retirement
20system had she been a member. The retirement board shall calculate and report the cost to
21purchase said creditable service to June Tooley within 90 days of receiving notice of her election
22to enroll in the state employee retirement system.
23 (c) Upon entry in the state employees' retirement system, June Tooley shall complete and
24submit a state employees' retirement system enrollment form to the office of human resources of
25Berkshire Community College and provide written instruction to said office to discontinue her
26employee contributions to the optional retirement program and initiate her employee
27contributions to the state employees’ retirement program.
28 (d) For the purposes of this act, the state employees’ retirement system shall recognize
29June Tooley’s participation in the optional retirement program as creditable service under the
30state employees’ retirement system.