Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H2912 Compare Versions

Only one version of the bill is available at this time.

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 3484 FILED ON: 1/17/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 2912
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Paul McMurtry
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 further regulating the retirement benefits of certain public safety employees.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Paul McMurtry11th Norfolk1/17/2025Rodney M. Elliott16th Middlesex3/3/2025Steven George Xiarhos5th Barnstable3/3/2025 1 of 6
16	16	HOUSE DOCKET, NO. 3484 FILED ON: 1/17/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 2912
18	18	By Representative McMurtry of Dedham, a petition (accompanied by bill, House, No. 2912) of
19	19	Paul McMurtry, Rodney M. Elliott and Steven George Xiarhos for legislation to further regulate
20	20	the retirement benefits of certain public safety employees. Public Service.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE HOUSE, NO. 2603 OF 2023-2024.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Fourth General Court
26	26	(2025-2026)
27	27	_______________
28	28	An Act further regulating 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, as amended by section 1 of
32	32	2chapter 17 of the acts of 1997, is hereby further amended by inserting after paragraph (f) the
33	33	3following paragraph:
34	34	4 (g) the review and analysis of information required under section twenty-six A as it
35	35	5relates to the employees contribution rate changes and benefit changes under said section 26A.
36	36	6Such analysis shall focus on the contributions made by members and the normal cost of benefit,
37	37	7plus any other liabilities determined by the actuary to be a result of such benefit changes under
38	38	8said section 26A. Beginning January first, two thousand and four and every five years thereafter,
39	39	9the actuary shall forward to the respective system such analysis. 2 of 6
40	40	10 SECTION 2. Subdivision (1) of section 22 of chapter 32 of the General Laws is hereby
41	41	11amended by striking out paragraph (b) as amended by section 176 of chapter 151 of the acts of
42	42	121996, and inserting in place thereof the following paragraph:-
43	43	13 (b) The treasurer or other disbursing officer in charge of payroll in any governmental unit
44	44	14to which a system pertains, and the treasurer or other disbursing officer in charge of payrolls in
45	45	15any free public library the employees of which are eligible for membership in a system, shall,
46	46	16upon written notice from the board, withhold on each pay day five per cent of the regular
47	47	17compensation of each employee who is a member in service of the system, which is received on
48	48	18such day by such member on account of service rendered to him on or after January 1, 1946, and
49	49	19not later than the date on his attaining the maximum age for his group, in the case of an
50	50	20employees who entered the service of the commonwealth or a political subdivision thereof prior
51	51	21to January 1, 1975; withhold on each pay day seven per cent of the regular compensation of each
52	52	22employee who is a member in service of the system, which is received on such day by such
53	53	23member on account of service rendered by him on or after January 1, 1975, and not later than the
54	54	24date of his attaining the maximum age for his group, in the case of an employee who entered the
55	55	25service of the commonwealth or a political subdivision thereof on or after January 1, 1975, but
56	56	26prior to January 1, 1984; and withhold on each pay day eight per cent of the regular
57	57	27compensation of each employee who is a member in service of the system, which is received on
58	58	28such day by such member on account of service rendered by him on or after January 1, 1984, and
59	59	29not later than the date of his attaining the maximum age for his group in the case of an employee
60	60	30who entered the service of the commonwealth or a political subdivision thereof on or after
61	61	31January 1, 1984, but before July 1, 1996; and withhold on each pay day nine per cent of the
62	62	32regular compensation of each employee who is a member in service of the system, which is 3 of 6
63	63	33received on such day by such member on account of service rendered by him on or after July 1,
64	64	341996, and not later than the date of his attaining the maximum age for his group in the case of an
65	65	35employee who entered the service of the commonwealth or a political subdivision thereof on or
66	66	36after July 1, 1996; and withhold on each pay day twelve per cent of the regular compensation of
67	67	37each employee who is a member of the state police appointed pursuant to section 10 of chapter
68	68	3822C, and is a member in service of the system, which is received on such day by such member
69	69	39on account of service rendered by him on or after July 1, 1996, and not later than the date of his
70	70	40attaining the maximum age for his group in the case of such employee who entered the service of
71	71	41said state police on or after July 1, 1996; and withhold on each pay day twelve per cent of the
72	72	42regular compensation of each employee who is eligible to receive benefits provided for pursuant
73	73	43to section 26A; provided, however, that in the case of any teacher such withholding shall be
74	74	44made upon written notice from the school committee, board of trustees or other employing
75	75	45authority, to the treasurer or other disbursing officer of the political subdivision by which such
76	76	46teacher is employed.
77	77	47 SECTION 3. Chapter 32 of the General Laws is hereby amended by inserting after
78	78	48section twenty-six the following section:-
79	79	49 Section 26A. (1) As used in this section, the following words shall, unless the context
80	80	50otherwise requires, have the following meanings:-
81	81	51 “Public Safety Officer” a probation officer; or trial court officer; or a police officer; or a
82	82	52corrections officer; or a firefighter; or an environmental police officer.
83	83	53 (2) Any public safety officer employed as of the effective date of this act shall be retired
84	84	54by the appropriate retirement board upon his attaining age sixty-five; provided that any such 4 of 6
85	85	55public safety officer who has performed service as a public safety officer for not less than twenty
86	86	56years but including creditable service granted by paragraph (h) of subdivision (1) of section four
87	87	57and who has not attained the age of sixty-five may elect to retire pursuant to the provisions of
88	88	58this subdivision.
89	89	59 Any public safety officer employed after the effective date of this act shall be retired by
90	90	60the appropriate retirement board upon his attaining age sixty-five; provided that any such public
91	91	61safety officer who has performed service as a public safety officer for not less than twenty years
92	92	62but including creditable service granted by paragraph (h) of subdivision (1) of section four and
93	93	63who has not attained the age of sixty-five shall be retired pursuant to the provisions of this
94	94	64subdivision.
95	95	65 (3) Upon retirement under the provisions of this subdivision, a member shall receive a
96	96	66retirement allowance to become effective on the date of his retirement. Payments under such
97	97	67retirement allowance shall be made as provided for in sections twelve and thirteen and the
98	98	68normal yearly amount thereof shall be equal to sixty percent of the average annual rate of his
99	99	69regular compensation received by such member during any period of three consecutive years of
100	100	70creditable service for which such rate of compensation was the highest, or on the average annual
101	101	71rate of regular compensation received by such member during the period or periods, whether
102	102	72consecutive or not, constituting his last three years of creditable service preceding his retirement,
103	103	73whichever is the greater, provided, that the total amount of the allowance shall be increased by
104	104	74one-twelfth of three percent for each full month of service in excess of twenty years of service;
105	105	75provided, however, that such retirement allowance shall in no case exceed seventy-five percent
106	106	76of such regular compensation. Any such member retired under the provision of this subdivision
107	107	77who is a veteran as defined in section one shall receive an additional retirement allowance of 5 of 6
108	108	78fifteen dollars for each year of creditable service or fraction thereof; provided, that the total
109	109	79amount of said additional retirement allowance shall not exceed three hundred dollars in any
110	110	80case.
111	111	81 (4) Any provision of sections one to twenty-eight, inclusive, which are inconsistent with
112	112	82any provision of this section, shall not apply to any member so classified under this section;
113	113	83provided however that any member with less than twenty years of creditable service as a public
114	114	84safety officer upon retirement shall be retired in accordance with the provisions of paragraph (a)
115	115	85and (b) of subdivision (2) of section five of chapter 32, and subject to the limitation set forth in
116	116	86paragraphs (c) and (d) of said subdivision (2), and shall be based on such member's age and
117	117	87number of years and full months of creditable service on the date the retirement allowance
118	118	88become effective.
119	119	89 (5) The actuary, acting under the provisions of paragraph (g) of subdivision (3) of section
120	120	90twenty one, shall require each board to obtain certain information from each member eligible for
121	121	91the retirement benefit under this section, including the name, date of birth, prior contribution
122	122	92rate, date of hire and any other information required by the actuary for the purposes of the report
123	123	93required under said paragraph (g).
124	124	94 SECTION 4. Any member of a retirement system who meets the definition of public
125	125	95safety officer as defined by section twenty-six A of chapter thirty-two on the effective date of
126	126	96this act may elect in writing to participate in the alternative public safety retirement benefit
127	127	97provided under said section twenty-six A within two hundred and seventy days of the date this
128	128	98act takes effect. Any such election shall become effective on the first day of pay period next
129	129	99following such election, and shall constitute a waiver of any retirement benefits provided under 6 of 6
130	130	100section five or section ten of chapter thirty-two. Any member making such an election shall be
131	131	101required to make a minimum of three years' of retirement contributions at the rate of twelve
132	132	102percent; provided, however that if said member chooses to retire before he has made said three
133	133	103years of contributions at twelve percent, said member shall pay into the annuity savings fund or
134	134	104have deducted from his retirement allowance an amount equal to the contributions that would
135	135	105have been made had such member remained in service for three years at the rate of regular
136	136	106compensation from which he retired. The election by an eligible member to participate in the
137	137	107alternative public safety retirement benefit provided for under said section twenty-six A shall be
138	138	108irrevocable.
139	139	109 SECTION 5. The additional contributions required under paragraph (b1/2) of subdivision
140	140	110(1) of section 22 shall not apply to any public safety officer as defined by section twenty-six A of
141	141	111said chapter thirty-two.
142	142	112 SECTION 6. This act shall take effect upon its passage and continue for a period of
143	143	113five years.