reglab/housing_qa huggingface dataset:
MA Gen L ch 31a § 5 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title IV - Civil Service, Retirements and Pensions|Chapter 31a - Municipal Personnel Systems|Section 5 - Submission of Proposed Ordinance to Administrator; Rescission of Chapter Thirty-One Provisions; Form of Ballot

Section 5. At least one hundred and twenty days prior to the vote rescinding the provisions of chapter thirty-one, a city or town shall submit a copy of a proposed ordinance or by-law to the administrator who shall approve, disapprove or propose amendments to said ordinance or by-law on the basis of completeness, consistency and conformity in concept with accepted merit principles. The administrator's substantive review shall be limited to areas presently subject to civil service law, the general provisions of section five and conformity of the ordinance or by-law with basic merit principles outlined in this chapter. The administrator shall, within ninety days, either approve the proposed ordinance or by-law, propose amendments to the ordinance or by-law, or disapprove such ordinance or by-law if it is not consistent with the general provisions of this chapter.  In the event the administrator does not approve the proposed ordinance or by-law at least sixty days prior to proposed vote of the rescission, the provisions of chapter thirty-one shall remain in effect and such vote of the rescission shall be postponed until the next regular city or town election.  Following adoption, the ordinance or by-law shall be submitted for review to the administrator only in those instances where the said ordinance or by-law shall have been amended by the local legislative body. The criteria for review of any amendment shall be the same as those for initial approval of this ordinance or by-law; and, if the administrator shall fail to act within thirty days of the receipt of the adopted ordinance or by-law, it shall be considered approved.  The personnel administrator shall provide necessary technical assistance to cities and towns choosing to make the transition to a local system.  The question on the rescission of chapter thirty-one and attendant civil service rules and the acceptance of this chapter shall be printed on the official ballot to be used at a regular municipal election, in substantially the following form:  QUESTION:  Shall the city or town of ___ rescind the applicability of chapter 31 of the General Laws and accept the applicability of chapter 31A of the General Laws?  If a majority of such voters therein vote in the affirmative, the provisions of chapter thirty-one shall be rescinded and the provisions of this chapter shall be accepted; provided, however, that such rescission and acceptance shall take effect upon the adoption of the ordinance or by-law, approved by the personnel administrator, but not otherwise; and provided, further, that the provisions of section thirty-two of chapter forty shall not apply to any such by-law in a town.
MA Gen L ch 31a § 6 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title IV - Civil Service, Retirements and Pensions|Chapter 31a - Municipal Personnel Systems|Section 6 - Personnel Director; Time of Appointment; Authority

Section 6. Within one hundred and eighty days following the effective date of a local ordinance or by-law, the municipality shall appoint a personnel director qualified for the position by reason of previous education, training, or experience.  Said personnel director may be a professional city manager, town manager, executive secretary, or a local official with equivalent experience, or a person appointed by a group of municipalities to serve as a personnel director on a regional basis. The personnel director shall have full authority to administer such local personnel system and shall have direct access to the chief executive of the municipality. The duties of the personnel director shall be prescribed by ordinance or by-law.
MA Gen L ch 31a § 8 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title IV - Civil Service, Retirements and Pensions|Chapter 31a - Municipal Personnel Systems|Section 8 - Appeals; Options; Conditions; Collective Bargaining Agreements

Section 8. Appointing authorities and employees serving in positions subject to the provisions of chapter thirty-one on the effective date of this chapter and their successors, shall have the option to appeal to either the civil service commission or the local merit appeals board, but not both, in the following instances:  (a) a disciplinary action,  (b) a finding that the examination fairly tested the knowledge, skills and abilities required to perform the primary or dominant duties of the position for which the examination was held, or  (c) the results of a performance evaluation.  An employee covered by a collective bargaining agreement may continue to exercise any grievance arbitration procedure in said agreement and upon the election of such option by the employee, it shall be the exclusive remedy for resolving such matters. In any disciplinary action or discharge where the substance of such action was based on a performance evaluation the validity of which has been previously determined, the substantive matters involved in the evaluation shall not be open to redetermination by the commission or the board.
MA Gen L ch 31a § 9 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title IV - Civil Service, Retirements and Pensions|Chapter 31a - Municipal Personnel Systems|Section 9 - Personnel Administration Department; Performance and Special Audits; Reports; Appeal; Compliance

Section 9. The human resources division within the executive office for administration and finance shall conduct semi-annual performance audits of the merit systems of each municipality exercising the local option under this chapter during the first year, and annually thereafter.  Special audits may also be requested by a three-fifths vote of the local legislative body or by thirty per cent of the total number of employees subject to the local merit system. No such special audit shall be undertaken until the department has conducted a preliminary informal hearing with the parties concerned, and the administrator has determined, based upon the evidence there is substantial noncompliance with the municipal personnel ordinance or by-law.  The results of any audit, whether regular or special, shall be reported to the local appointing authority specifying any deficiencies that may have been found and the suggested corrective action. A copy of the report by the administrator shall be available for public inspection in the offices of the local appointing authority and the human resources division within the executive office for administration and finance.  Any municipality audited pursuant to this section shall have the right to appeal the results of such audit to the civil service commission, which may uphold, alter, or disqualify the results of said report, subject to judicial review.  If a municipality fails to correct any deficiencies specified in an audit report, the personnel administrator may take such action as may be necessary to insure compliance, including but not limited to, voiding past personnel actions, seeking a court order to insure compliance, or assuming temporary or permanent supervision of the local merit system with the municipality bearing the full cost of such supervision.
MA Gen L ch 31a § 10 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title IV - Civil Service, Retirements and Pensions|Chapter 31a - Municipal Personnel Systems|Section 10 - Certified Employee Organizations; Right to Bargain; Issues Not Subject to Collective Bargaining

Section 10. Nothing in this chapter shall interfere with the right of certified employee organizations to bargain with the municipality over subjects permitted by chapter one hundred and fifty E; provided, however, that the authority of any municipal agency or its agents to determine selection procedures at both the entry and promotional levels, to conduct and grade merit examinations, to rate candidates based on job-related criteria and establish eligible lists, to make initial appointments or promotions to positions covered by local personnel ordinances or by-laws or any other section of chapter thirty-one which is not subject to bargaining under paragraph (d) of section seven of chapter one hundred and fifty E, prior to the effective date of this chapter, shall not be subject to collective bargaining.
MA Gen L ch 31a § 11 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title IV - Civil Service, Retirements and Pensions|Chapter 31a - Municipal Personnel Systems|Section 11 - Revocation of Acceptance

Section 11. Revocation of the acceptance of this chapter by a city or town shall be in the same manner as its acceptance. Upon revocation, said city or town shall be subject to the provisions of chapter thirty-one of the General Laws to the same extent as it was immediately prior to its acceptance of this chapter.
MA Gen L ch 32 § 3a (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title IV - Civil Service, Retirements and Pensions|Chapter 32 - Retirement Systems and Pensions|Section 3a - Ineligible Employees; Deferred Compensation Program

Section 3A. Notwithstanding the provisions of any general or special law to the contrary, a person receiving compensation from the commonwealth for services performed for the commonwealth who is not eligible for membership in the state retirement system shall be subject to the provisions of section sixty-four of chapter twenty-nine.
MA Gen L ch 32 § 5a (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title IV - Civil Service, Retirements and Pensions|Chapter 32 - Retirement Systems and Pensions|Section 5a - Wellness Program

Section 5A. Any city, town, district or other governmental unit which accepts the provisions of this section shall establish a wellness program for employees referred to in section ninety-four, except those to whom section sixty-one A of chapter thirty-one applies, if any, employed in such city, town, district or other governmental unit. Such wellness program shall be in accordance with the minimum requirements established by the department. The commonwealth and any agencies or authorities thereof shall establish such programs for any such employees employed by said commonwealth, agencies, or authorities, and shall be deemed to have accepted this section for the purposes of paragraph (e) of subdivision (3) of section five.  Any city, town, district or other governmental unit but not including the commonwealth, its agencies or authorities, which accepts the provisions of this section and provides wellness programs pursuant thereto shall be reimbursed for the lesser of (i) one-half the costs thereof or (ii) one hundred dollars per employee, by the commonwealth, upon certification by the secretary of public safety. The secretary shall certify the amount of such reimbursement to be paid to such city, town, district or other governmental unit from information filed on or before September first of each year with said secretary by the appointing authority.
MA Gen L ch 32 § 12a (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title IV - Civil Service, Retirements and Pensions|Chapter 32 - Retirement Systems and Pensions|Section 12a - Payment of Allowances to Certain Beneficiaries Pending Determination of Accidental Death Benefits

Section 12A. Any person, or the legal guardian of any person, who may be entitled to accidental death benefits under the provisions of section nine may, during and within the period of one year next succeeding the death of the member in service, avail himself of the allowance provided under option (d) of section twelve or under section twelve B in so far as it may be applicable and said person is eligible therefor, effective from the date of the death of the member and pending the determination of the application of said person for such accidental death benefits.  The filing of an application for accidental death benefits shall not arrest or suspend the payment of an allowance under option (d) of section twelve or under section twelve B; provided, however, that upon the first payment of any benefits provided under section nine payments under said option (d) or section twelve B shall cease and the amount of the first payment under said section nine shall be reduced by a sum equal to the aggregate allowance paid to said person under said option (d) or section twelve B.
MA Gen L ch 32 § 12c (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title IV - Civil Service, Retirements and Pensions|Chapter 32 - Retirement Systems and Pensions|Section 12c - Widow and Children Survivor Benefits; Manner of Payment; Contributions

Section 12C. The benefits provided for a widow and children under section twelve B shall be paid in like manner to the widow and children of a deceased employee who had completed two years of creditable service and had been married to such widow for one year at the time of his death and who having had the right to become a member of the retirement system failed to become or elected not to become such a member; provided, that there is paid into the annuity savings fund of the appropriate retirement system an amount equal to the deductions that would have been made from his annual compensation had he become a member of the retirement system at the time of his entry into service together with accumulated interest to the date of such payment.
MA Gen L ch 32 § 12d (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title IV - Civil Service, Retirements and Pensions|Chapter 32 - Retirement Systems and Pensions|Section 12d - Payment of Benefits in Accordance With Requirements of Internal Revenue Code

Section 12D. A retirement system subject to this chapter shall pay all benefits in accordance with the requirements of section 401(a)(9) of the Internal Revenue Code and the regulations in effect under that section, as applicable to a governmental plan as defined in section 414(d) of the Internal Revenue Code.
MA Gen L ch 32 § 14a (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title IV - Civil Service, Retirements and Pensions|Chapter 32 - Retirement Systems and Pensions|Section 14a - Third Party Recovery

Section 14A. Third Party Recovery. If a member or beneficiary entitled to a pension under the provisions of section six, seven or nine, also has a right to recover lost wages from any party other than his employer by reason of the same injury or death of such member, the amount of any such recovery for lost wages shall be offset against and payable in lieu of any pension payable on his account under the provisions of said sections according to a schedule approved by the actuary which is consistent with that set forth in paragraph (c) of subdivision (1) of section fourteen. If any such member or beneficiary neglects or fails to prosecute fully such right, the board shall prosecute such right on the member's behalf. In the event the member or beneficiary fails to cooperate with the board in its prosecution thereof the board may, during the period of such failure, suspend such member's or beneficiary's right to further payment under the provisions of section six, seven or nine.
MA Gen L ch 32 § 17 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title IV - Civil Service, Retirements and Pensions|Chapter 32 - Retirement Systems and Pensions|Section 17 - Action on Behalf of Incompetent Members

Section 17. Any option, election or right existing in any member may be exercised or enforced, if such member is incompetent or for any other reason is unable to exercise or enforce the same himself, by the spouse of such member if they are living together at the time any such action is instituted, or if there is no such spouse then by his guardian or conservator, or if there is no such spouse, guardian or conservator then by any other person found by the board to be acting in behalf of and for the best interests of such member.
MA Gen L ch 32 § 19a (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title IV - Civil Service, Retirements and Pensions|Chapter 32 - Retirement Systems and Pensions|Section 19a - Assignment of Retirement Allowances for Payment of Certain Subscriber Premiums, Income Taxes or Support Orders; Deduction for Payment of Premiums for Coverage Under Chapter 32b

Section 19A. Any employee of the commonwealth, a city, town, district or other member unit of a retirement system who is retired under this chapter shall, upon the request of the retiring authority paying such pension or retirement allowance, or otherwise may, by assignment made in writing authorize the retiring authority paying such pension or retirement allowance to withhold each month such amount as he may designate for the payment of subscriber premiums applicable to any hospitalization, medical or surgical insurance in effect with a nonprofit hospital and medical service corporation or insurance company at the time of his retirement. In the event that the amount of a retiree's pension check is insufficient to accommodate the entire deduction and upon notice from the retirement board, the employer for whom the retiree last worked and from whom he is retired shall bill the retiree for the employee share of the premiums.  Any member retired under this chapter may by assignment made in writing authorize the retirement board paying such pension or retirement allowance to withhold each month such amount as he may designate for the payment of income taxes levied under the Internal Revenue Code of the United States and the amount designated shall be transmitted and paid quarterly by the treasurer-custodian of any system to the government of the United States.  Any member retired under this chapter may by assignment made in writing authorize the retirement board paying such pension or retirement allowance to withhold each month such amount as he may designate for the payment of a child support order, issued under chapter 208, 209, 209A, 209C or 273, or received, entered, or registered pursuant to chapter 209D, and the amount designated shall be transmitted and paid monthly by the treasurer or custodian of any system to the IV–D agency. Nothing in this section shall preclude the IV–D agency from executing an order to withhold income from a member's retirement allowance, pursuant to section 12 of chapter 119A.  A retirement board in the case of a retiree may deduct the per cent contribution of health insurance premiums for all retired members receiving group life insurance, group accidental death and dismemberment insurance, group general or blanket hospital, surgical, medical, dental or other health insurance coverage under chapter 32B from the respective retiree pension check. In the event that the amount of a retiree's pension check is insufficient to accommodate the entire deduction and upon notice from the retirement board, the employer for whom the retiree last worked and from whom he is retired shall bill the retiree for the employee share of the premiums.
MA Gen L ch 32 § 20a (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title IV - Civil Service, Retirements and Pensions|Chapter 32 - Retirement Systems and Pensions|Section 20a - Civil Action Against Board Member; Expenses and Damages; Indemnification

Section 20A. In any city, town or other entity which accepts the provisions of this section, in a city, by a vote of the city council with the approval of the mayor; in a town, by a vote of the town meeting; in a municipality having a town council form of government, by a vote of the town council; and in any other entity having a retirement board subject to the provisions of this chapter, by a vote of the governing board of such entity, any civil action brought against a member of a retirement board, the defense or settlement of which action is made by an attorney employed by the retirement board, such member shall be indemnified for all expenses incurred in the defense thereof and shall be indemnified for damages to the same extent as provided for public employees in chapter two hundred and fifty-eight; provided, however, that the claim arose out of acts performed by such member or members while acting within the scope of his official duties; and provided, further, that no member of a retirement board shall be indemnified for expenses incurred in the defense of an action, or damages awarded in such action, in which there is shown to be a breach of fiduciary duty, an act of willful dishonesty or an intentional violation of law by such member.
MA Gen L ch 32 § 20b (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title IV - Civil Service, Retirements and Pensions|Chapter 32 - Retirement Systems and Pensions|Section 20b - Indemnification

Section 20B. Indemnification.—In any civil action brought against a member, employee or the investment committee of the state retirement board, the teachers' retirement board, or any member or employee of the pension reserves investment management board the defense or settlement of which is made by the attorney general or by an attorney employed by said board, such member, committeeman or employee shall be indemnified for all expenses incurred in the defense thereof and shall be indemnified for damages to the same extent as provided for public employees in chapter two hundred and fifty-eight; provided, however, that the claim arose out of acts performed by such member, committeeman or employee while acting within the scope of his official duties; and provided, further, that no member, committeeman or employee shall be indemnified for expenses in an action or damages awarded in such action, in which there is shown to be a breach of fiduciary duty, an act of willful dishonesty or an intentional violation of law by such member, committeeman or employee.
MA Gen L ch 32 § 22b (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title IV - Civil Service, Retirements and Pensions|Chapter 32 - Retirement Systems and Pensions|Section 22b - Reduction of Unfunded Pension Liability

Section 22B. In each fiscal year, the governor shall recommend to the general court an appropriation to be set aside in the PRIT Fund to reduce the unfunded pension liability of retirement systems participating in said fund pursuant to section twenty-two. Such recommendation shall be equal to or greater than one point three per cent of the total amount appropriated for the salaries of permanent and temporary state employees in subsidiary accounts ''01'' and ''02'', so called, in such fiscal year.
MA Gen L ch 32 § 22e (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title IV - Civil Service, Retirements and Pensions|Chapter 32 - Retirement Systems and Pensions|Section 22e - Review, Evaluation and Financial Impact of Statutory Adjustments to the Commonwealth Pension Liability

Section 22E. (a) For the purposes of this section, ''statutory adjustment to the commonwealth pension liability'' shall mean an adjustment that changes the benefits or contributions of classes of members including, but not limited to, early retirement incentive programs, cost-of-living adjustments, the membership of those classes or any amendments to chapter 32 that may change the actuarial liability of the commonwealth pension system.  (b) Upon request of a joint standing committee of the general court having jurisdiction or upon request of the committee on ways and means of either branch, the actuary of the public employee retirement administration commission shall conduct and prepare a review, evaluation and financial impact of the statutory adjustment to the commonwealth pension liability, in consultation with other relevant state agencies, and shall report to the committee within 90 days of the request.