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2 | 2 | | HOUSE DOCKET, NO. 3714 FILED ON: 1/17/2025 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 2742 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | James Arciero |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act relative to cost of living adjustments for retired public employees of the Commonwealth. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:James Arciero2nd Middlesex1/17/2025Dennis C. Gallagher8th Plymouth1/17/2025Colleen M. Garry36th Middlesex1/25/2025Christopher Hendricks11th Bristol1/23/2025 1 of 5 |
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16 | 16 | | HOUSE DOCKET, NO. 3714 FILED ON: 1/17/2025 |
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17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 2742 |
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18 | 18 | | By Representative Arciero of Westford, a petition (accompanied by bill, House, No. 2742) of |
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19 | 19 | | James Arciero and others relative to cost of living adjustments for retired public employees of |
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20 | 20 | | the Commonwealth. Public Service. |
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21 | 21 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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22 | 22 | | SEE HOUSE, NO. 2427 OF 2023-2024.] |
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23 | 23 | | The Commonwealth of Massachusetts |
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24 | 24 | | _______________ |
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25 | 25 | | In the One Hundred and Ninety-Fourth General Court |
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26 | 26 | | (2025-2026) |
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27 | 27 | | _______________ |
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28 | 28 | | An Act relative to cost of living adjustments for retired public employees of the Commonwealth. |
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29 | 29 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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30 | 30 | | of the same, as follows: |
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31 | 31 | | 1 SECTION 1. Section 22D of said Chapter 32, as appearing in the 2010 Official Edition, |
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32 | 32 | | 2is amended by inserting in line 32 after the word “approve” the following words: —provided |
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33 | 33 | | 3further, however, that in the event that a system has accepted the provisions of paragraph (j) of |
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34 | 34 | | 4Section 103, the funding schedule, and any updates thereto, shall be designed to reduce the |
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35 | 35 | | 5unfunded actuarial liability of said system to zero as of such year, that may be subsequent to June |
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36 | 36 | | 630, 2028, as the commission shall approve. |
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37 | 37 | | 7 SECTION 2. Paragraph (c) of Section 102 of said Chapter 32, is amended by striking out |
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38 | 38 | | 8in each instance the dollar amount “$13,000” and inserting in place thereof the following dollar |
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39 | 39 | | 9amount:—$16,000. 2 of 5 |
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40 | 40 | | 10 SECTION 3. Section 103 of said Chapter 32 is amended by inserting the following new |
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41 | 41 | | 11paragraph:— |
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42 | 42 | | 12 (j) Notwithstanding the provisions of paragraph (a) to the contrary, the board of any |
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43 | 43 | | 13system may, by accepting the provisions of this paragraph as hereinafter provided, elect to pay a |
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44 | 44 | | 14cost-of-living adjustment on a base amount greater than $16,000. Acceptance of this paragraph |
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45 | 45 | | 15shall be by a majority vote of the board of such system, subject to the approval of the legislative |
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46 | 46 | | 16body. For the purpose of this paragraph, “legislative body” shall mean, the city council in |
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47 | 47 | | 17accordance with its charter, in the case of a town, the town meeting, in the case of a county or |
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48 | 48 | | 18region, the county or regional retirement board advisory council, in the case of a district, the |
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49 | 49 | | 19district members, and, in the case of an authority, the governing body. Acceptance of this |
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50 | 50 | | 20paragraph shall be deemed to have occurred upon the filing of the certification of such vote with |
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51 | 51 | | 21the commission. A decision to accept the provisions of this paragraph may not be revoked. |
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52 | 52 | | 22 SECTION 4: Subdivision (3) of section 21 of Chapter 32 is hereby amended by striking |
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53 | 53 | | 23out paragraph (f) and inserting in place thereof the following paragraph: |
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54 | 54 | | 24 (f) the preparation and filing with the general court, of a report, annually, in the month of |
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55 | 55 | | 25January, on the computation of any increase in the United States Consumer Price Index and the |
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56 | 56 | | 26percentage thereof in the previous year by the Commissioner of Social Security, including a |
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57 | 57 | | 27statement that such increase in said Consumer Price Index during the last previous year requires |
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58 | 58 | | 28a cost of living increase in the retirement allowances, pensions or annuities of eligible members, |
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59 | 59 | | 29as defined in sections 102 and 103, equal to the percentage increase in the Consumer Price Index |
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60 | 60 | | 30or 3 per cent, whichever is greater. 3 of 5 |
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61 | 61 | | 31 SECTION 5: Section 102 of Chapter 32 is hereby amended by striking out paragraph (a) |
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62 | 62 | | 32and inserting in place thereof the following paragraph: |
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63 | 63 | | 33 (a)The actuary in the commission shall annually in the month of January file with the |
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64 | 64 | | 34clerk of the house of representatives the report prepared in accordance with paragraph (f) of |
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65 | 65 | | 35subdivision (3) of section 21. The retirement allowance, pension or annuity of every member of |
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66 | 66 | | 36the state employees’ system and the teachers’ retirement system who has received a retirement |
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67 | 67 | | 37allowance, pension or annuity on June 30 of the preceding fiscal year, or of a spouse or other |
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68 | 68 | | 38beneficiary of such member who has received a retirement allowance, pension or annuity on |
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69 | 69 | | 39June 30 of the prior fiscal year, shall be increased by the percentage as determined by the |
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70 | 70 | | 40actuary’s report; provided that notwithstanding the actuary’s report the cost of living increase |
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71 | 71 | | 41shall be at least three percent. The cost of living adjustment shall be applied each July 1. Said |
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72 | 72 | | 42cost of living increase shall be funded from the investment income account of the state |
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73 | 73 | | 43employees’ and state teachers’ systems. The sum of the dollar amount of each cost of living |
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74 | 74 | | 44increase, together with the amount of retirement allowance, pension or annuity to which the cost |
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75 | 75 | | 45of living per cent factor is applied, shall become the fixed retirement allowance, pension or |
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76 | 76 | | 46annuity for all future purposes, including the application of subsequent cost of living adjustments |
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77 | 77 | | 47in future years. |
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78 | 78 | | 48 SECTION 8. Section 102 of Chapter 32 is hereby amended by adding after paragraph (c) |
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79 | 79 | | 49the following clauses: |
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80 | 80 | | 50 (i) In any case as of June 30, 2021 but prior to June 30, 2024 where such former |
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81 | 81 | | 51employee, spouse, or other beneficiary is receiving an annual retirement allowance, pension or |
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82 | 82 | | 52annuity which is eighty-five percent of the maximum social security benefit or more exclusive of 4 of 5 |
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83 | 83 | | 53additional annuity obtained by special purchase under paragraph (g) of subdivision (1) of section |
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84 | 84 | | 5422 or any similar law, the cost of living adjustment shall be in an amount determined by applying |
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85 | 85 | | 55the per centum of change determined pursuant to paragraph (a) to the sum of eighty-five percent |
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86 | 86 | | 56of the maximum social security benefit. Whenever a cost of living adjustment is granted pursuant |
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87 | 87 | | 57to said paragraph (a), the dollar amount of such increase as determined in said paragraph (a) shall |
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88 | 88 | | 58be added to each retirement allowance, pension or annuity which is in excess of said maximum |
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89 | 89 | | 59base amount. The sum of the dollar amount of such cost of living adjustments, together with the |
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90 | 90 | | 60amount of retirement allowance, pension or annuity to which the cost of living per centum factor |
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91 | 91 | | 61is applied and any amounts in excess of said eighty-five percent of the maximum social security |
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92 | 92 | | 62benefit shall become the fixed retirement allowance, pension or annuity for all future purposes |
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93 | 93 | | 63including the application of subsequent cost of living adjustments in future years; provided, |
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94 | 94 | | 64however, that the limitations of this paragraph shall continue to apply. |
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95 | 95 | | 65 (ii) In any case as of June 30, 2024 but prior to June 30, 2028 where such former |
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96 | 96 | | 66employee, spouse, or other beneficiary is receiving an annual retirement allowance, pension or |
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97 | 97 | | 67annuity which is ninety-five percent of the maximum social security benefit or more exclusive of |
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98 | 98 | | 68additional annuity obtained by special purchase under paragraph (g) of subdivision (1) of section |
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99 | 99 | | 6922 or any similar law, the cost of living adjustment shall be in an amount determined by applying |
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100 | 100 | | 70the per centum of change determined pursuant to paragraph (a) to the sum of ninety-five percent |
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101 | 101 | | 71of the maximum social security benefit. Whenever a cost of living adjustment is granted pursuant |
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102 | 102 | | 72to said paragraph (a), the dollar amount of such increase as determined in said paragraph (a) shall |
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103 | 103 | | 73be added to each retirement allowance, pension or annuity which is in excess of said maximum |
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104 | 104 | | 74base amount. The sum of the dollar amount of such cost of living adjustments, together with the |
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105 | 105 | | 75amount of retirement allowance, pension or annuity to which the cost of living per centum factor 5 of 5 |
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106 | 106 | | 76is applied and any amounts in excess of said ninety-five percent of the maximum social security |
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107 | 107 | | 77benefit shall become the fixed retirement allowance, pension or annuity for all future purposes |
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108 | 108 | | 78including the application of subsequent cost of living adjustments in future years; provided, |
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109 | 109 | | 79however, that the limitations of this paragraph shall continue to apply. |
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110 | 110 | | 80 (iii) In any case as of June 30, 2028 where such former employee, spouse, or other |
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111 | 111 | | 81beneficiary is receiving an annual retirement allowance, pension or annuity which is one hundred |
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112 | 112 | | 82percent of the maximum social security benefit or more exclusive of additional annuity obtained |
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113 | 113 | | 83by special purchase under paragraph (g) of subdivision (1) of section 22 or any similar law, the |
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114 | 114 | | 84cost of living adjustment shall be in an amount determined by applying the per centum of change |
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115 | 115 | | 85determined pursuant to paragraph (a) to the sum of one hundred percent of the maximum social |
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116 | 116 | | 86security benefit. Whenever a cost of living adjustment is granted pursuant to said paragraph (a), |
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117 | 117 | | 87the dollar amount of such increase as determined in said paragraph (a) shall be added to each |
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118 | 118 | | 88retirement allowance, pension or annuity which is in excess of said maximum base amount. The |
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119 | 119 | | 89sum of the dollar amount of such cost of living adjustments, together with the amount of |
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120 | 120 | | 90retirement allowance, pension or annuity to which the cost of living per centum factor is applied |
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121 | 121 | | 91and any amounts in excess of said one hundred percent of the maximum social security benefit |
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122 | 122 | | 92shall become the fixed retirement allowance, pension or annuity for all future purposes including |
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123 | 123 | | 93the application of subsequent cost of living adjustments in future years; provided, however, that |
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124 | 124 | | 94the limitations of this paragraph shall continue to apply. |
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