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2 | 2 | | HOUSE DOCKET, NO. 3082 FILED ON: 1/16/2025 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 2805 |
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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 | | David F. DeCoste |
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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 authorizing the South Shore Charter School to join the State Employees Retirement |
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13 | 13 | | System. |
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14 | 14 | | _______________ |
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15 | 15 | | PETITION OF: |
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16 | 16 | | NAME:DISTRICT/ADDRESS :DATE ADDED:David F. DeCoste5th Plymouth1/16/2025 1 of 3 |
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17 | 17 | | HOUSE DOCKET, NO. 3082 FILED ON: 1/16/2025 |
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18 | 18 | | HOUSE . . . . . . . . . . . . . . . No. 2805 |
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19 | 19 | | By Representative DeCoste of Norwell, a petition (accompanied by bill, House, No. 2805) of |
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20 | 20 | | David F. DeCoste for legislation to authorize employees of the South Shore Charter School to |
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21 | 21 | | join the state employees retirement system. Public Service. |
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22 | 22 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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23 | 23 | | SEE HOUSE, NO. 2499 OF 2023-2024.] |
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24 | 24 | | The Commonwealth of Massachusetts |
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25 | 25 | | _______________ |
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26 | 26 | | In the One Hundred and Ninety-Fourth General Court |
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27 | 27 | | (2025-2026) |
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28 | 28 | | _______________ |
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29 | 29 | | An Act authorizing the South Shore Charter School to join the State Employees Retirement |
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30 | 30 | | System. |
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31 | 31 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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32 | 32 | | of the same, as follows: |
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33 | 33 | | 1 SECTION 1. Notwithstanding any general or special law to the contrary, the South Shore |
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34 | 34 | | 2Charter School, a charter school established pursuant to section 89 of chapter 71 of the general |
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35 | 35 | | 3laws, upon a vote of its board of directors, may accept the applicable provisions of chapter 32 of |
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36 | 36 | | 4the General Laws and thereby cause all eligible employees of the school, who are not eligible to |
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37 | 37 | | 5join the teachers retirement system pursuant to chapter . 32 of the general laws, to become Group |
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38 | 38 | | 61 members of the state employees retirement system, effective January 1, 2017. |
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39 | 39 | | 7 SECTION 2. (a) Notwithstanding any general or special law to the contrary, the state |
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40 | 40 | | 8employees retirement system shall grant creditable service to employees of the South Shore |
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41 | 41 | | 9Charter School who become members as provided for in section 1 of this act. Eligible members 2 of 3 |
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42 | 42 | | 10shall have 1 opportunity to purchase creditable service for any service time to the South Shore |
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43 | 43 | | 11Charter School immediately prior to the implementation of this Act. |
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44 | 44 | | 12 (b) Eligibility for creditable service for any such time shall be conditioned upon the |
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45 | 45 | | 13payment, in 1 lump sum or in installments upon such terms as the state employees retirement |
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46 | 46 | | 14system may provide, an amount equal to the contributions such employee would have otherwise |
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47 | 47 | | 15paid into the state employees retirement system had they been a member, at the contribution rate |
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48 | 48 | | 16when such members joined the system, plus actuarial-assumed interest. |
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49 | 49 | | 17 SECTION 3. Within 60 days after the effective date of this act, the state employees |
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50 | 50 | | 18retirement system shall submit a request to the Internal Revenue Service seeking a letter of |
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51 | 51 | | 19determination or a ruling on whether this act may be implemented without impairing the |
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52 | 52 | | 20compliance of the state employees retirement system or the public employee retirement |
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53 | 53 | | 21administration commission with the Internal Revenue Code of 1986 as qualified pension |
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54 | 54 | | 22systems. The state employees retirement system shall submit all relevant and necessary |
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55 | 55 | | 23documentation to the Internal Revenue Service to assist in responding to the request. |
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56 | 56 | | 24 SECTION 4. (a) Section 2 shall not take effect unless the Internal Revenue Service issues |
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57 | 57 | | 25a favorable letter of determination or a ruling, as the case may be, which states that the purchase |
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58 | 58 | | 26of service time described in this section shall not result in noncompliance of the state employees |
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59 | 59 | | 27retirement system or the public employee retirement administration commission with the Internal |
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60 | 60 | | 28Revenue Code of 1986. |
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61 | 61 | | 29 (b) Within 60 days after receiving a favorable letter of determination or ruling from the |
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62 | 62 | | 30Internal Revenue Service, the state employees retirement system shall notify the members of |
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63 | 63 | | 31their eligibility for and the costs associated with this purchase of service. Within 120 days after 3 of 3 |
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64 | 64 | | 32receiving notification of eligibility, members shall purchase the service in 1 lump sum or enter |
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65 | 65 | | 33into an installment agreement to pay for the service. |
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