Whereas , The deferred operation of this act would tend to defeat its
purpose, which is to provide forthwith for the payment of certain retirement
benefits, therefore it is hereby declared to be an emergency law, necessary
for the immediate preservation of the public convenience.
Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
as follows:
Notwithstanding any general or special law to the
contrary, the teachers' retirement board shall pay to Carol
Mellett, the surviving spouse of Thomas Mellett, a former teacher at the Blue
Hills regional high school, a joint and last survivor's allowance in accordance
with subdivision (2) of section 12
of chapter 32 of the
General Laws. This survivor's allowance shall be
calculated based on Thomas Mellett having attained 30 years of creditable
service. Carol Mellett, shall, before any
survivor's retirement allowance is paid, pay to the board, in one sum, the
balance of the alternative superannuation retirement benefit accelerated
payment agreement entered into by Thomas Mellett. If the
remaining amount cannot be paid due to the limitations established under
section 415 of the Internal Revenue Code, Carol Mellett shall be entitled
to an actuarially reduced benefit in accordance with section 5 of said
chapter 32.
Approved August 3, 2002.