Massachusetts Statutes

Section 28. (1) Acceptance by Towns. — At the state election in nineteen hundred and forty-six and at each state election thereafter, sections one to twenty-eight inclusive shall be submitted for acceptance to the registered voters of each town which has not accepted for all of i…

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 s…

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 …

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 abse…

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 …

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 reti…

Section 3. (1) Kind of Membership. — (a) Membership in a system shall consist of two kinds as follows:— (i) Member in Service.— Any member who is regularly employed in the performance of his duties, except a member retired for disability who upon partial recovery is restored to a…

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 par…

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 pr…

Section 4. (1) Qualifications for Credit for Service. — (a) Any member in service shall, subject to the provisions and limitations of sections one to twenty-eight inclusive, be credited with all service rendered by him as an employee in any governmental unit after becoming a memb…

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 i…

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 no…

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…

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 ov…

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 sectio…

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 appropri…

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.—Th…

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 di…

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.

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 r…

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…

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…

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 t…

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…

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 al…

Section 5. (1) Conditions for Allowance. — (a) Any member in service or any member inactive on authorized leave of absence classified in either Group 1 or Group 2 or Group 4 who has attained age 55 or any member in service or any member inactive on authorized leave of absence cla…

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 th…

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…

Section 54. The two preceding sections shall be in effect in any city which by vote of the city council or in any town which at a town meeting accepts them or has accepted corresponding provisions of earlier laws.

Section 55. The action of any city council in regard either to the acceptance of sections fifty-two and fifty-three or to the retiring of any veteran under authority thereof shall be subject to veto by the mayor and to passage over his veto in the manner provided by the charter o…

Section 56. A veteran, as defined in section one, in sections fifty-six to sixty, inclusive, called a veteran, who is in the service of the commonwealth, or of any county, city, town or district or any housing authority or any redevelopment authority thereof, shall be retired, wi…

Section 57. A veteran, including an army nurse, who has been in the service of the commonwealth, or of any county, city, town or district or any housing authority or any redevelopment authority thereof, for a total period of ten years in the aggregate, may, upon petition to the r…

Section 57A. The provisions of subdivision (3) of section six, the provisions of section eight and the provisions of subdivision (4) of section sixteen, shall apply to any veteran whose retirement is to become effective on or after January first, nineteen hundred and forty-six, u…

Section 57B. A member of a police or fire department of a city, town or a fire or water district who retires under sections 56 to 60, inclusive and who was appointed a reserve police officer or call fire fighter shall, for the purpose of retirement, be entitled to count as credit…

Section 58. A veteran who has been in the service of the commonwealth, or of any county, city, town or district or any housing authority or any redevelopment authority, for a total period of thirty years in the aggregate, shall, at his own request, with the approval of the retiri…

Section 58A. A veteran eligible to retirement under section fifty-six, fifty-seven or fifty-eight, who was employed in the service of the commonwealth, or any county, city, town or district or any housing authority or any redevelopment authority thereof, prior to his entry into w…

Section 58B. A veteran who is entitled to be retired under the provisions of section fifty-eight may, on or before the date of his written application for retirement, elect to receive a lesser yearly amount of pension payable to such veteran during his lifetime, with the provisio…

Section 58C. In any city, town or district which accepts this section, if any veteran who retires under section fifty-eight is a member of the police department or a permanent member of the fire department of such city, town or district, respectively, he shall, in lieu of the ret…

Section 58D. In any city or town which accepts this section, if any city or town employee, other than a member of the police department or a permanent member of the fire department, who is a veteran, retires under section fifty-eight, he shall, in lieu of the retirement allowance…

Section 59. The words ''retiring authority'', as used in sections fifty-six to sixty, inclusive, shall mean as to the commonwealth, the state board of retirement; as to a county, city, town, district or regional school district, the appropriate retirement board established under …

Section 59A. If a retired veteran or the widow of a veteran receives a pension from the commonwealth or from a political subdivision thereof under the provisions of section fifty-six, fifty-seven, fifty-eight or fifty-eight B, and if a portion of such pension or widow's allowance…

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, employ…

Section 5B. (a) Every employer in the commonwealth who employs persons who are members of a retirement system established pursuant to the provisions of this chapter shall establish, in consultation with appropriate officials of the governmental unit and representatives of the uni…

Section 6. (1) Conditions for Allowance. — Any member in service who is unable to perform the essential duties of his job and that such inability is likely to be permanent after completing fifteen or more years of creditable service, or any such member who is a veteran as defined…

Section 60. Sections fifty-six to fifty-nine, inclusive, shall, notwithstanding the provisions of any general or special law relating to retirement allowances, be in effect in any county, city, town or district which accepted them or accepted corresponding provisions of law prior…

Section 65A. A chief justice or any associate justice of the appeals court, or any justice of the trial court of the commonwealth, who was appointed to any such judicial office prior to January second, nineteen hundred and seventy-five, and a chief justice or any associate justic…