Massachusetts SD 988: An Act relative to restoration to service

Bill Text

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SENATE DOCKET, NO. 988        FILED ON: 2/9/2021 
SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1662 
 
The Commonwealth of Massachusetts 
_________________ 
PRESENTED BY: 
William N. Brownsberger 
_________________ 
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General 
 Court assembled: 
 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: 
An Act relative to restoration to service. 
_______________ 
PETITION OF: 
 
NAME: DISTRICT/ADDRESS: 
William N. Brownsberger Second Suffolk and Middlesex 

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SENATE DOCKET, NO. 988        FILED ON: 2/9/2021 
SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1662 
By Mr. Brownsberger, a petition (accompanied by bill, Senate, No. 1662) of William N. 
Brownsberger for legislation relative to restoration to service for certain retirees.  Public Service. 
 
[SIMILAR MATTER FILED IN PREVIOUS SESSION 
SEE SENATE, NO. 1475 OF 2019-2020.] 
 
The Commonwealth of Massachusetts 
 
_______________
 
In the One Hundred and Ninety-Second General Court 
(2021-2022) 
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An Act relative to restoration to service. 
 
 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority 
of the same, as follows: 
 
1 SECTION 1. Paragraph (a) of Subdivision (1) of Section 8 of Chapter 32 is hereby 
2amended by striking the phrase “the same department” in each instance where it appears and 
3inserting in place thereof: “a retirement system”. 
4 Said section is further amended by adding after the word “job” in line 25: “or similar 
5position”. 
6 Said section is further amended by striking in line 63 the phrase “the same department” 
7and inserting in place thereof: “a retirement system” 
8 Said section is further amended by inserting the following new paragraph after the first 
9paragraph: 

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10 During the regular periodic review process done pursuant to this section a member may 
11request that, in addition to being evaluated for a return to his former position, he be evaluated for 
12a specific identified position other than the position from which he retired. Said evaluation shall 
13be conducted in the same manner as all other examinations provided for in this section. If the 
14member is found able to perform the essential duties of the identified position he shall be 
15permitted to return to active service in said position and his pension provided for in section six or 
16seven shall cease upon his return to service.  
17 SECTION 2. Paragraph (b) of Subdivision (2) of Section 8 of Chapter 32 is hereby 
18amended by adding the following sentences:   
19 If the member returns to service, within a different retirement system than that from 
20which they retired, the original system shall provide creditable service for any period of 
21disability prior to reinstatement to service in the new system; provided that if the member is 
22subsequently retired for a disability as a result of the injury for which such member was 
23previously retired, the original retirement system shall be assessed a portion of the disability 
24pension pursuant to the provisions of subdivision (5) of section seven.