reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IV - Civil Service, Retirements and Pensions › Chapter 32 - Retirement Systems and Pensions › Section 22f - Revised Retirement System Funding Schedule

Section 22F. (a) A system, other than the state employees' retirement system and the teachers' retirement system, which conducts an actuarial valuation of the retirement system as of January 1, 2009, or later, may establish a revised retirement system funding schedule, subject to the approval of the actuary, which reduces the unfunded actuarial liability of the system to zero not later than June 30, 2040, as long as: (1) the payment in a year under the revised schedule or a subsequent schedule is not less than the payment in a prior fiscal year under the then current schedule until the system is fully funded; and (2) the increase in the amortization component of the appropriations required by the schedule from year to year does not exceed 4 per cent and is so designed that the funding schedule and any updates to it reduce the unfunded actuarial liability of the system to zero on or before June 30, 2040.
(b) If an updated actuarial valuation allows for the development of a revised schedule with reduced payments, the revised schedule shall be adjusted to reduce the unfunded liability of the system to zero by an earlier date to the extent required to ensure that the appropriation required for a particular year under the new schedule shall not be less than the amount identified for that year under the prior schedule established under this section.
(c) If a schedule established under this section would result in an appropriation in the first fiscal year of the schedule that is greater than 8 per cent more than the appropriation in the previous fiscal year, the requirement of clause (2) of subsection (a) may be adjusted with the approval of the public employee retirement administration commission.
(d) Systems may establish a schedule under this section that provides for an increase in the maximum base amount on which the cost-of-living adjustment is calculated pursuant to section 103, in multiples of $1,000. Acceptance of this subsection shall be in accordance with paragraph (j) of section 103.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IV - Civil Service, Retirements and Pensions › Chapter 32 - Retirement Systems and Pensions › Section 24 - Violations of Contributory Retirement Laws

Section 24. (1)
Enforcement of Provisions.
— If the public employee retirement administration commission determines that any governmental unit, any officer or employee thereof, or the state board of retirement, the teachers' retirement board, or any other board subject to the provisions of sections one to twenty-eight, inclusive, or any member or employee of any such board, has violated or neglected to comply with any provisions of such sections, or the rules and regulations established thereunder, he shall give notice thereof to the governor, county commissioners, the mayor, the board of selectmen, the Massachusetts Department of Transportation, the Massachusetts Bay Transportation Authority, the Massachusetts Housing Finance Agency, the Massachusetts Port Authority, the Blue Hills Regional Vocational School System, the Greater Lawrence Sanitary District, or the Minuteman Regional Vocational Technical School District, as the case may be, and to the board and, thereafter, if such violation or neglect continues, shall forthwith present the facts to the attorney general who shall take appropriate action. The superior court shall have jurisdiction in equity upon petition of the public employee retirement administration commission or any interested party to compel the observance and to restrain the violation of any provision of sections one to twenty-eight, inclusive, and of the rules and regulations established thereunder.
(2)
Penalties for Violations.
— Any person who wilfully refuses or neglects to comply with any provision of sections one to twenty-eight inclusive, or any rule or regulation established thereunder, shall be punished by a fine of not more than one thousand dollars or imprisonment for not more than one year, or both.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IV - Civil Service, Retirements and Pensions › Chapter 32 - Retirement Systems and Pensions › Section 28a - Retirement of Certain Officers in Department of State Police

Section 28A. Any provision in sections one to twenty-eight, inclusive, to the contrary, notwithstanding, any officer of the department of state police appointed under section ten of chapter twenty-two C who has performed service in said department for not less than twenty years shall, at his own request, be retired by the state retirement board.
The retirement allowance under this section shall be the same as that provided for in paragraph (c) of subdivision (3) of section twenty-six.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IV - Civil Service, Retirements and Pensions › Chapter 32 - Retirement Systems and Pensions › Section 28i - State Employees Serving on Interstate Commission; Continuance as Members of Retirement System

Section 28I. Notwithstanding any other provision of law, an employee of the commonwealth and a member of its retirement system selected to serve with an interstate commission on which the commonwealth is represented and to which the commonwealth contributes, shall, while serving with such interstate commission, continue in membership of the appropriate retirement system, and shall contribute each month to the retirement fund in an amount which he would have contributed had he remained in the service of the commonwealth, and shall be entitled to all the benefits and privileges of the retirement system, as though he continued to be paid from a state pay roll.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IV - Civil Service, Retirements and Pensions › Chapter 32 - Retirement Systems and Pensions › Section 28k - Commonwealth Employees; Leave of Absence as Representative of Employee Organization; Creditable Service

Section 28K. Any employee of the commonwealth or its political subdivisions who is a representative of an employee organization, which has included in its membership employees of the commonwealth or its political subdivisions shall, while on a full-time or part-time leave of absence for the purpose of acting as a representative of said employee organization, be considered on leave of absence, without pay, for the period of the employee's assignment as a representative of such employee organization. Such employee shall, however, be credited with the creditable service the employee would have received had the employee been in active service for the full or part-time leave and shall contribute each month to the retirement fund in an amount which the employee would have contributed had the employee remained in the service of the commonwealth or its political subdivisions. Such employee of the commonwealth or its political subdivisions shall be entitled to all benefits and privileges, except the payment of salary as provided under this chapter and chapters 30 and 31 during the leave of absence.
An employee who fulfills the requirements of the preceding paragraph shall be credited with creditable service for any period after January 1, 1975 and shall contribute to the retirement fund an amount which he would have contributed had such employee remained in the service of the commonwealth or a political subdivisions thereof, together with regular interest thereon, under the terms and conditions defined by the retirement system of which he is a member. This paragraph shall take effect for the members of a retirement system by majority vote of the board of such system, subject to the approval of the legislative body. For the purposes of this section, ''legislative body'' shall mean the town meeting for the purposes of a town system, the city council subject to the provisions of its charter in a city system, the district meeting in a district system, the county commissioners in a county system and the governing body of an authority in an authority system. Acceptance shall be deemed to have occurred upon the filing of a certificate of acceptance with the commission.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IV - Civil Service, Retirements and Pensions › Chapter 32 - Retirement Systems and Pensions › Section 28m - Department of Correction Employees; Retirement

Section 28M. Notwithstanding the provisions of sections one to twenty-eight, inclusive, to the contrary, any employee of the department of correction, classified under Group 4, whose major responsibilities include the care and custody of prisoners, and any transportation officer working within the department of correction, who has performed services in the department of correction for not less than twenty years shall, at his own request, be retired by said retirement board. Upon retirement under the provisions of this section a member shall receive a retirement allowance to become effective on the date of his retirement. Payments under such allowance shall be made as provided for in section twelve and thirteen and the normal yearly amount thereof shall be equal to one-half of the annual average rate of his regular compensations during the twelve-month period of his creditable service immediately preceding the date his retirement allowance becomes effective; provided, however, that the total amount of the allowance shall be increased by one-twelfth of one percent for each full month of service in excess of twenty years' service and prior to the last day of the month in which such member will attain the age of retirement. Any member retired under the provisions of this section who is a veteran as defined in section one shall receive an additional yearly retirement allowance of fifteen dollars for each year of creditable service or fraction thereof; provided, however, that the total amount of said additional retirement allowance shall not exceed three hundred dollars in any case.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IV - Civil Service, Retirements and Pensions › Chapter 32 - Retirement Systems and Pensions › Section 28n - Correction or Jail Officers Employed by County Sheriffs' Offices; Retirement

Section 28N. Notwithstanding the provisions of sections one to twenty-eight, inclusive, to the contrary, any correction or jail officer employed by county sheriffs' offices who has performed services in said office for not less than twenty years shall, at his own request, be retired by said retirement board. Upon retirement under the provisions of this section a member shall receive a retirement allowance to become effective on the date of his retirement. Payments under such allowance shall be made as provided for in sections twelve and thirteen and the normal yearly amount thereof shall be equal to one-half of the annual average rate of his regular compensation during the twelve-month period of his creditable service immediately preceding the date his retirement allowance becomes effective; provided, however, that the total amount of the allowance shall be increased by one-twelfth of one percent for each full month of service in excess of twenty years service and prior to the last day of the month in which such member will attain the age of retirement. Any member retired under the provisions of this section who is a veteran as defined in section one shall receive an additional yearly retirement allowance of fifteen dollars for each year of creditable service or fraction thereof; provided, however, that the total amount of said additional retirement allowance shall not exceed three hundred dollars in any case.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IV - Civil Service, Retirements and Pensions › Chapter 32 - Retirement Systems and Pensions › Section 39 - Association for Providing Pensions

Section 39. Employees, officers and agents of any person and the person by whom they are employed may form an association for the purpose of providing annuities, pensions or endowments for employees retiring from their employment on account of age, under a system by which the participating employees contribute to the funds of the association a percentage or portion of their salaries or wages as fixed by the by-laws of the association, to be deducted by the employer and paid to the association, and the employer contributes to the funds of the association in the manner and to the extent fixed in said by-laws. The funds so provided shall be held by trustees independently of other funds of the employer, for the purchase or payment of annuities, pensions or endowments to participating employees upon their retirement from service on account of age, for the payments to the representatives or appointees of any participator dying before reaching the age of retirement, for the payment to any participator retiring from service before becoming entitled to a pension or annuity and for the payment of the expenses of the administration. An association formed under the authority of this section shall not be subject to chapter one hundred and seventy-five or to such other provisions of law as relate to insurance companies or associations, except as provided by this and the following section. Such an association may include employees, officers and agents of a group of two or more corporations engaged in the same or directly related fields of enterprise and under the same or substantially the same management.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IV - Civil Service, Retirements and Pensions › Chapter 32 - Retirement Systems and Pensions › Section 40 - By-Laws and Statements

Section 40. The by-laws of every such association shall be approved by the public employee retirement administration commission, and shall prescribe the manner in which and the officers and agents by whom the association may be conducted and the manner in which its funds may be invested and paid out. Such association shall be deemed to be formed when its by-laws have been approved and agreed to by the employer and by the employees by vote of two-thirds of all employees present and voting at a meeting called by the employer for the purpose, and have been approved by said public employee retirement administration commission. Such association shall annually, on or before March first, report to the commission such statements of its membership and financial transactions for the year ending on the preceding thirty-first day of December as the commission may consider necessary to show its business and standing. Said commission may verify such statement by an examination of the books and papers of the association; and whoever, having charge or custody of said books and papers, neglects to comply with this section shall be punished by a fine of not more than five hundred dollars.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IV - Civil Service, Retirements and Pensions › Chapter 32 - Retirement Systems and Pensions › Section 41 - Exemption From Taxation; Exception

Section 41. The property of every such association, the right of an employee to an annuity, pension or endowment, and all his rights in the funds of the association, shall be exempt from taxation and from the operation of any law relating to bankruptcy or insolvency, and shall not be attached or taken on execution or other process to satisfy any debt or liability of the employer or of any member of the association.
No assignment of any right in or to said funds or of any pension, annuity or endowment payable under section thirty-nine or forty shall be valid.
Nothing in this section shall prevent an employee's annuity, pension, or endowment from being attached, taken on execution, assigned, or subject to other process to satisfy a support order under chapter two hundred and eight, two hundred and nine, or two hundred and seventy-three.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IV - Civil Service, Retirements and Pensions › Chapter 32 - Retirement Systems and Pensions › Section 42 - Pension Fund for the Retirement of Teachers

Section 42. In any city or town, except Boston, which accepted chapter four hundred and ninety-eight of the acts of nineteen hundred and eight, the pension fund established for the retirement of teachers in the public schools shall be derived from such revenues as may be assigned thereto by the city council of a city or by direct appropriation by a town. The treasurer of the city or town shall be the custodian of the fund and shall make monthly payments therefrom to such persons and of such amounts as shall be certified to him by the school committee.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IV - Civil Service, Retirements and Pensions › Chapter 32 - Retirement Systems and Pensions › Section 43 - Retirement of Teacher if Incapacitated

Section 43. The appropriate city or town retirement board, established under section twenty, upon the recommendation of the school committee of any such city or town may retire from active service and place upon the pension roll any teacher of such city or town who is sixty or over or who, in the judgment of said committee, is incapacitated for useful service, and who has faithfully served such city or town for twenty-five years. The amount of the annual pension allowed to any person under this and the preceding section shall not exceed one half of the annual compensation received by such person at the time of such retirement, and in no case shall it exceed twelve hundred dollars.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IV - Civil Service, Retirements and Pensions › Chapter 32 - Retirement Systems and Pensions › Section 44 - Retirement of School Janitors if Incapacitated

Section 44. The appropriate city or town retirement board, established under section twenty, upon the recommendation of the school committee, official, board or other body having control of janitors employed in the public schools of any city or town which has accepted this section or corresponding provisions of earlier laws, may retire, with an annual pension, any janitor so employed who has reached the age of sixty, after completing a service of not less than twenty-five years, and is physically incapacitated, and any janitor so employed, who has completed a service of not less than fifteen years, and is physically incapacitated by reason of injury received in the performance of his duties for such city or town. The pension shall be one half the compensation to which the pensioner would have been entitled for full employment during the last year of his service, but not more than seven hundred and fifty dollars a year, and shall be payable out of the appropriation for the support of public schools, maintenance of school buildings or payment of janitors.
No school janitor whose employment begins after June thirtieth, nineteen hundred and thirty-seven, shall be subject to the provisions of this section.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IV - Civil Service, Retirements and Pensions › Chapter 32 - Retirement Systems and Pensions › Section 44a - Retirement of Janitors Not in Contributory Retirement System; Authorization; Amount of Pension

Section 44A. A city having a plan D or plan E charter by a two thirds vote of all the members of its city council, any other city by a vote of the city council subject to the provisions of its charter and a town by a majority vote at an annual town meeting may direct the appropriate city or town retirement board to retire at his own request any janitor whose employment began before July first, nineteen hundred and thirty-seven, and who has been in such employ for not less than thirty-five years, or who has reached the age of sixty and has been in such employ for not less than twenty-five years and has become physically or mentally incapacitated for labor, or who has completed a service of not less than fifteen years and is physically or mentally incapacitated for labor by reasons of injury received in the performance of his duties for such city or town; and if so retired his pension shall be equal to seventy-two per cent of the annual rate of compensation payable to such employee on the date of his retirement and shall be payable out of the appropriation for the support of public schools, maintenance of school buildings or payment of janitors.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IV - Civil Service, Retirements and Pensions › Chapter 32 - Retirement Systems and Pensions › Section 44b - School Janitors; Options; Widows; Approval

Section 44B. Any school janitor who is eligible for superannuation retirement under the provisions of section forty-four or section forty-four A shall have the right at the time of his retirement to elect one of the following options for the payments of his pension:—
Option A
.—The full yearly amount of pension payable under the provisions of said section forty-four or forty-four A to such school janitor on the date of his retirement.
Option B
.—A lesser amount of yearly pension which shall be payable to such school janitor during his lifetime, with a provision that two thirds of the yearly amount of such lesser pension shall be continued during the lifetime of and paid to his widow who was his spouse at the time of his retirement; provided, however, that the surviving spouse shall receive not less than two thirds of the pension such school janitor is receiving at the time of his death. The yearly amount of such lesser pension shall be determined so that the value, on the date the retirement and pension becomes effective, of the prospective payments to such school janitor and to such widow shall be the actuarial equivalent of the value on such date of the full pension specified in option A of this section.
If a school janitor who has served continuously for not less than twenty years in any city or town, where he would be eligible for retirement under the provisions of section forty-four or forty-four A, dies before being retired, his widow shall receive two thirds of the yearly amount of said option B allowance to which such school janitor would have been entitled had he attained age sixty and had his retirement taken place on the date of his death. Said yearly amount shall be paid to such a widow so long as she remains unmarried; provided, that she has been married to such school janitor not less than ten years prior to his death, and that they were living together at the time of his death, or living apart for justifiable cause other than desertion or moral turpitude on the part of the wife. The computation of the actuarial equivalent of the pension payable to any school janitor and the widow under the provisions of said option shall be subject to the supervision and verification by the actuary appointed by the commission in accordance with the provisions of section twenty-one, and the expenses for such service shall be paid by the city or town in which such school janitor was employed.
The provisions of this section shall become effective in a city having a Plan D or Plan E charter by the affirmative vote of two thirds of all the members of the city council, and in the case of any other city by vote of the city council subject to the provisions of its charter, and in a town by a majority vote at an annual town meeting.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IV - Civil Service, Retirements and Pensions › Chapter 32 - Retirement Systems and Pensions › Section 44c - Dental Assistants, Retirement by Cities or Towns

Section 44C. A city having a plan D or plan E charter by the affirmative vote of two thirds of all the members of the city council, any other city by vote of the city council subject to the provisions of its charter, and a town by a majority vote at an annual town meeting, may direct the appropriate city or town retirement board to retire at his own request any dental assistant whose employment began before July first, nineteen hundred and thirty-seven, and who has been in such employ for not less than thirty-five years, or who has reached the age of sixty and has been in such employ for not less than twenty-five years and has become physically or mentally incapacitated for service or labor, or who has completed a service of not less than fifteen years and is physically or mentally incapacitated for service or labor by reasons of injury received in the performance of his duties for such city or town; and if so retired his pension shall be equal to seventy-two per cent of the annual rate of compensation payable to such employee on the date of his retirement and shall be payable out of the appropriation for the support of public schools, or the payment of dental assistants.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IV - Civil Service, Retirements and Pensions › Chapter 32 - Retirement Systems and Pensions › Section 45 - Applicability of Sec. 44 to City of Boston; Acceptance by Other Cities and Towns

Section 45. Section forty-four shall not apply to Boston, but shall apply to any other city upon its acceptance prior to January first, nineteen hundred and forty-six by the mayor and city council, and to any town upon its acceptance prior to said date by the town at a meeting.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IV - Civil Service, Retirements and Pensions › Chapter 32 - Retirement Systems and Pensions › Section 45a - Amount of Pension Payable to Person Retired Under Sec. 44

Section 45A. In any city or town to which section forty-four applies and which accepts this section in the manner set forth in section forty-five, the pension payable to a person retired under said section forty-four shall be one half of the highest salary or other compensation received by him while he was holding the grade held by him at his retirement.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IV - Civil Service, Retirements and Pensions › Chapter 32 - Retirement Systems and Pensions › Section 45b - School Janitors and School Custodians in Certain Cities and Towns

Section 45B. In any city or town which has accepted sections forty-four and forty-five A in the manner set forth in section forty-five and which accepts this section, a school janitor or school custodian who was in the employ of the school department of such city or town prior to July first, nineteen hundred and thirty-seven, and on or after said date has been, or hereafter shall be, promoted to a supervisory position in the janitorial or custodial service of such school department, shall not by reason of the acceptance of such promotion forfeit his right, if any, to a non-contributory pension under the provisions of said sections forty-four and forty-five A.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IV - Civil Service, Retirements and Pensions › Chapter 32 - Retirement Systems and Pensions › Section 45c - Amount of Pension Payable to Person With More Than 20 Years of Service Retired Under Sec. 44

Section 45C. In any city or town which has accepted sections forty-four and forty-five A in the manner set forth in section forty-five and which accepts this section in the manner hereinafter provided, the pension payable to a person retired under said section forty-four shall be one half of the highest annual compensation received by him while holding the grade held by him at the time of his retirement if he has completed twenty years of service, and an additional amount equal to one per cent of said annual compensation for each year of service after the first twenty; provided, that the total amount of such pension shall in no case exceed sixty-five per cent of said annual compensation.
This section shall take effect in a city having a plan D or plan E charter by the affirmative vote of two thirds of all the members of the city council, and in the case of any other city by vote of the city council, subject to the provisions of its charter, and in a town by a majority vote at an annual town meeting.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IV - Civil Service, Retirements and Pensions › Chapter 32 - Retirement Systems and Pensions › Section 46 - Officers and Employees of Correctional Institutions; Prerequisites to Retirement

Section 46. The state board of retirement upon the recommendation of the commissioner of correction may retire from active service and place upon a pension roll any officer of the Massachusetts correctional institutions or any jail or house of correction, or any person employed to instruct the prisoners in any Massachusetts correctional institution, as provided in section fifty-two of chapter one hundred and twenty-seven, or any other employee of the Massachusetts state correctional institutions, who has attained the age of sixty-five and has been employed in prison service in the commonwealth, with a good record for not less than twenty years; or who, without fault of his own, has become permanently disabled by injuries sustained in the performance of his duty; or who has performed faithful prison service for not less than thirty years; provided, that no officer of any jail or house of correction shall so be retired except upon the recommendation of the sheriff and county commissioners of the county, except in the county of Suffolk, where the recommendations as to the officers of the jail shall be made by the sheriff and the mayor of Boston, and, as to the officers of the house of correction, by the penal institutions commissioner and the mayor of Boston; and provided, further, that no such officer, instructor or employee shall be retired unless he began employment as such in one of the above-named institutions or the prison camp and hospital, or as an officer or instructor in one of the institutions named in section forty-seven, on or before June seventh, nineteen hundred and eleven. The word ''officer'', as used in this section and sections forty-seven and forty-eight, shall extend to include prison officer, correction officer and matron.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IV - Civil Service, Retirements and Pensions › Chapter 32 - Retirement Systems and Pensions › Section 47 - Computation of Time of Service

Section 47. An officer, instructor or employee in any institution named in section forty-six shall, for the purpose of retirement thereunder, be credited with all the time which he has served as such in any of said institutions or in the prison camp and hospital, or as an officer or instructor at the industrial or Lyman school for boys, the industrial school for girls, the Suffolk school for boys or any county training school, if he has not been discharged for misconduct from any of said institutions, or, if so discharged, it was afterward found that he was not at fault; and the restoration to duty or reappointment in the institution from which he was discharged shall be sufficient evidence for his exoneration.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IV - Civil Service, Retirements and Pensions › Chapter 32 - Retirement Systems and Pensions › Section 48 - Amount of Pension

Section 48. An officer, instructor or employee who is retired under section forty-six shall be allowed a pension equal to one half of the salary which he was receiving at his retirement. In computing the salary of such an officer, instructor or employee who receives a non-cash allowance in the form of full or partial boarding or housing, the commissioner of correction shall add to the cash payment for regular services an amount which, in case of full boarding and housing, shall not exceed seven dollars a week and, in case of partial housing and boarding, shall not exceed a fair proportion of such amount. The pension, in the case of an officer, instructor or employee of a correctional institution of the commonwealth shall be paid in monthly instalments by the commonwealth; and in the case of an officer or instructor of a jail or house of correction, the pension shall be paid in monthly instalments by the county.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IV - Civil Service, Retirements and Pensions › Chapter 32 - Retirement Systems and Pensions › Section 52 - Veterans of Indian Wars in Municipal Service

Section 52. A veteran of the Indian wars who has been in the service of any city or town for ten years, if incapacitated for active duty, may be retired from active service by the city council or the selectmen at one half the rate of the average compensation paid to him during the two years immediately preceding his retirement.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IV - Civil Service, Retirements and Pensions › Chapter 32 - Retirement Systems and Pensions › Section 53 - Veterans of Indian Wars Employed Jointly by Two Municipalities

Section 53. A veteran of the Indian wars who is employed jointly by two municipalities, if incapacitated for active duty, may be retired from active service by the joint action of the governing bodies thereof, whether the city council or selectmen, as the case may be, at one half the rate of the average compensation paid to him during the two years immediately preceding his retirement, one half of the said retiring compensation to be paid by each of the municipalities employing him; provided, that no veteran shall be retired under this section unless he has been in the service of the two municipalities, as aforesaid, for a period of not less than ten years preceding the time of his retirement. But a period of employment by either one of said municipalities immediately preceding his employment by both jointly shall be reckoned as a part of the said ten years.