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HOUSE DOCKET, NO. 30 FILED ON: 1/2/2025
HOUSE . . . . . . . . . . . . . . . No. 30
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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An Act clarifying creditable service buyback for publicly funded non-public schools.
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. Subdivision (1) of section 4 of chapter 32 of the General Laws, as
2appearing in the 2022 Official Edition, is hereby amended by striking out paragraph (p) and
3inserting in place thereof the following paragraph:-
4 (p) For the purposes of this paragraph, the following words shall, unless the context
5clearly requires otherwise, have the following meanings:-
6 “Non-public school”, an institution operated by a private entity in the commonwealth that
7offers a special education program as approved by the Department of Elementary and Secondary
8Education; provided, that service in a non-public school shall not include activities in a residence
9or afterschool program.
10 “School age child”, as defined in section 1 of chapter 71B.
11 “Special education”, as defined in section 1 of chapter 71B. 2 of 3
12 Any member of a contributory retirement system who is engaged in a teacher position
13and holds a license issued by the department of elementary and secondary education or is
14exempted from the requirement of licensure and who was previously employed as a teacher as
15defined in section 1 in a special education program for school-aged children in a non-public
16school, if the tuition of all pupils in said non-public school was financed in part or in full by the
17commonwealth, may, before the date any retirement allowance becomes effective for the
18member, establish such service as creditable service by depositing into the annuity savings fund
19of the relevant system in 1 sum, or in installments, upon such terms and conditions as the board
20may prescribe, an amount equal to that which would have been withheld as regular deductions
21from regular compensation for such previous period, or most recent portion thereof, as the
22member may elect, had such service been rendered in a public school of the commonwealth, plus
23buyback interest to the date of such deposit for such previous period, or most recent portion
24thereof, as the member may elect. Payment shall not be made and no credit shall be allowed for
25such non-public school service in excess of the total service rendered in a public school of the
26commonwealth to which the member would be entitled to receive credit if the member remained
27in service to age 65, with the maximum credit for service in non-public schools not to exceed 10
28years; provided, that no credit shall be allowed and no payment shall be accepted for any service
29for which the member shall be entitled to receive a retirement allowance, annuity or pension
30from any other source. Upon completion of such payments, the member shall receive the same
31credit for such period of the member’s previous non-public school service or portion thereof
32elected, as would have been allowed had such service been rendered by the member in a public
33school of the commonwealth. The member shall furnish the board with such information as it
34shall require to determine the amount to be paid and the credit to be allowed under this 3 of 3
35paragraph. At the time a retirement allowance becomes due to a member or to a beneficiary
36under option (d) of subdivision (2) of section 12, if the service rendered in public schools of the
37commonwealth on the date either the retirement allowance becomes effective, or on the date the
38member attained age 65, whichever occurs first, is less than the service in said non-public
39schools for which the member has paid, credit shall be allowed only for the most recent service
40rendered in said non-public schools equal to such service rendered in the public schools of the
41commonwealth and the amount paid for such additional service shall be refunded with
42accumulated interest, refund to be made only when the retirement allowance becomes due to the
43member or to the beneficiary under option (d) of subdivision (2) of section 12, and if it is found
44that payment has been accepted for any service for which the member is entitled to a retirement
45allowance, annuity or pension from any other source, the amount paid for such service with
46accumulated interest shall also be refunded with no retirement credit allowed.