Session Laws

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Subdivision (2) of section 3 of chapter 32 of the General Laws, as appearing in the 1984 Official Edition, is hereby amended by striking out paragraph (e) and inserting in place thereof the following paragraph:-

(e) No member and no person who was ineligible for membership because of entering or re-entering the service after attaining age sixty, except as otherwise provided for in subdivision (1) of section five or in section ninety F or in section ninety G or in section ninety-one, or in section twenty-six of chapter six hundred and seventy of the acts of nineteen hundred and forty-one, or in chapter sixteen of the acts of nineteen hundred and forty-two, shall remain in service after attaining the maximum age for his group or for the group in which he would have been classified had he become a member or after the date any retirement allowance becomes effective for him, whichever event first occurs.

SECTION 2. Said chapter 32 is hereby further amended by striking out section 90F, as so appearing, and inserting in place thereof the following section:-

Section 90F. Any member in service classified in Group 1, or any other person who would be classified in Group 1 except for the fact that he is not a member, shall continue in service, at his option, notwithstanding the fact that he has attained age seventy; provided, however, that he is mentally and physically capable of performing the duties of his office or position. Such member or other person shall annually, at his own expense, be examined by an impartial physician designated by the retirement authority to determine such capability. No deductions shall be made from the regular compensation of such member or other person under the provisions of this chapter for service after he has attained age seventy and upon retirement such member or other person shall receive a superannuation retirement allowance equal to that which he would have been entitled had he retired at age seventy.

SECTION 3. Said chapter 32 is hereby further amended by striking out section 90G, as so appearing, and inserting in place thereof the following section:-

Section 90G. Any member in service classified in Group 1, or any other person who would be classified in Group 1 except for the fact that he is not a member, who is a veteran, shall continue in service, at his option, notwithstanding the fact that he has attained age seventy; provided, however, that he is mentally and physically capable of performing the duties of his office or position. Such member or other person shall annually, at his own expense, be examined by an impartial physician designated by the retirement authority to determine such capability. No deductions shall be made from the regular compensation of such member or other person under the provisions of this chapter for service after he has attained age seventy and upon retirement such member or other person shall, to the extent eligible, receive a veteran's pension allowance equal to that to which he would have been entitled had he retired at age seventy. Nothing in this section shall be construed to deny any veteran or his surviving spouse any benefit under any section of chapter thirty-two to which he would have been entitled had he retired at age seventy.

SECTION 4. The provisions of this act shall not be deemed to allow any person to become a member of the contributory retirement system who is not otherwise authorized to do so. The provisions of this act shall not be deemed to increase or decrease the retirement rights of any member of the contributory retirement system.