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SENATE DOCKET, NO. 632 FILED ON: 1/17/2023
SENATE . . . . . . . . . . . . . . No. 1628
The Commonwealth of Massachusetts
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PRESENTED BY:
Brendan P. Crighton
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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 public safety officers and creditable service.
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PETITION OF:
NAME:DISTRICT/ADDRESS :Brendan P. CrightonThird Essex 1 of 3
SENATE DOCKET, NO. 632 FILED ON: 1/17/2023
SENATE . . . . . . . . . . . . . . No. 1628
By Mr. Crighton, a petition (accompanied by bill, Senate, No. 1628) of Brendan P. Crighton for
legislation relative to creditable service for certain public safety officers. Public Service.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 1675 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 relative to public safety officers and creditable service.
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. Section 3 of chapter 32 of the General Laws is hereby amended by inserting
2after subdivision (5) the following subdivision:-
3 (5) Any public safety officer of a city or town who is a member in service or an inactive
4member, who had rendered service in any other state or for the Massachusetts Bay
5Transportation Authority for any previous period as a public safety officer may, before the date
6any retirement allowance becomes effective for him, pay into the annuity savings fund of the
7system in one sum, or in installments, upon such terms and conditions as the board may
8prescribe, an amount equal to that which would have been withheld as regular deductions from
9his regular compensation for such previous period, or most recent portion thereof, as he may
10elect, had such service been rendered in the commonwealth (other than the Massachusetts Bay 2 of 3
11Transportation Authority) and had he been a member of a county, city or town retirement system
12during the period the service was rendered. Payment shall not be made and no credit shall be
13allowed for service in other states or the Massachusetts Bay Transit Authority in excess of five
14years; provided, that no credit shall be allowed and no payment shall be accepted for any service
15for which the member shall be entitled to receive a retirement allowance from any other state or
16the Massachusetts Bay Transportation Authority. In addition to the payment of such sum or
17installments thereof, such member shall also pay into the annuity savings fund an amount of
18interest such that at the completion of such payments the value of his accumulated payments,
19together with regular interest thereon, actually made on account of such previous out-of-state
20service or service with the Massachusetts Bay Transportation Authority, shall equal the value of
21his accumulated regular deductions which would have resulted if regular deductions had been
22made when regular compensation for such service was actually received. Upon the completion of
23such payments, such member shall receive the same credit for such period of his previous out-of-
24state service or service with the Massachusetts Bay Transportation Authority, or portion thereof
25elected, as would have been allowed if such service had been rendered by him in the
26commonwealth (other than the Massachusetts Bay Transportation Authority). Such member shall
27furnish board with such information as it shall require to determine the amount to be paid and the
28credit to be allowed under this subdivision. At the time a retirement allowance becomes due to a
29member or to a beneficiary under option (d) of subdivision (2) of section 12, if the Massachusetts
30service (other than service with the Massachusetts Bay Transportation Authority) on the date
31either retirement allowance becomes effective, or on the date the member attained age 65,
32whichever first occurs, is less than the service in other states or the Massachusetts Bay
33Transportation Authority for which the member has paid, credit shall be allowed only for the 3 of 3
34most recent service rendered in other states or the Massachusetts Bay Transportation Authority
35equal to such Massachusetts service (other than the Massachusetts Bay Transportation
36Authority), and the amount paid for additional service shall be refunded with accumulated
37interest, refund to be made only when the retirement allowance becomes due to the member or to
38the beneficiary under option (d) of subdivision (2) of section 12, and if it is found that payment
39has been accepted for any service for which the member is entitled to a retirement allowance
40from any other state or the Massachusetts Bay Transportation Authority, the amount paid for
41such service with accumulated interest shall also be refunded with no retirement credit allowed.
42 This subdivision shall take effect with regard to a city, town, county, or other retirement
43system upon its acceptance by such system.
44 SECTION 2. Subdivision (1) of section 4 of said chapter 32, as so appearing, is hereby
45amended by adding the following paragraph:-
46 Creditable service for periods out-of-state service or service with the Massachusetts Bay
47Transportation Authority in the case of any member who has acquired the right to credit for such
48service as a member of a county, city or town retirement system, as the case may be, shall be
49allowed as provided for in subdivision (5A) of section 3.