Massachusetts SD 4055: An Act establishing reliance on written representations by retirement boards concerning the purchase or establishment of creditable service

Bill Text

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SENATE DOCKET, NO. 4055        FILED ON: 7/14/2026 
SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No.          
 
The Commonwealth of Massachusetts 
_________________ 
PRESENTED BY: 
William N. Brownsberger, (BY REQUEST) 
_________________ 
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 establishing reliance on written representations by retirement boards concerning the 
purchase or establishment of creditable service. 
_______________ 
PETITION OF: 
 
NAME: DISTRICT/ADDRESS: 
Noelle Costa  

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SENATE DOCKET, NO. 4055        FILED ON: 7/14/2026 
SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No.          
By Mr. Brownsberger (by request), a petition (accompanied by bill) (subject to Joint Rule 12) of 
Noelle Costa for legislation to establish reliance on written representations by retirement boards 
concerning the purchase or establishment of creditable service.  Public Service. 
 
The Commonwealth of Massachusetts 
 
_______________
 
In the One Hundred and Ninety-Fourth General Court 
(2025-2026) 
_______________
 
 
An Act establishing reliance on written representations by retirement boards concerning the 
purchase or establishment of creditable 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. Chapter 32 of the General Laws, as appearing in the 2024 Official Edition, 
2is hereby amended by inserting after section 20C the following section: 
3 Section 20D. Reliance on Written Representations of Boards Concerning the Purchase or 
4Establishment of Creditable Service.   
5 (a) As used in this section, "written representation" means a written statement, letter, 
6notice, estimate or other document issued by a board, or by an employee or authorized agent of a 
7board acting within the scope of their job duties, that is addressed to a specific member or 
8beneficiary and that sets forth the board's position, interpretation or application of this chapter, 
9any rule or regulation under it, or the board’s practice, relating to the member’s prospective or 
10pending purchase or establishment of creditable service. This includes, but is not limited to, a 
11written statement concerning: (i) the member’s eligibility to purchase or establish creditable 

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12service; (ii) the amount of creditable service that may be purchased or established; (iii) the cost 
13of such purchase or establishment, including the applicable interest rate; (iv) the time or manner 
14of payment; or (v) the effect of the purchase or establishment on the member's group 
15classification or on the amount, calculation or effective date of any retirement allowance or other 
16benefit. A notice of benefits furnished pursuant to paragraph (k) of subdivision (5) of section 20 
17is a written representation for the purposes of this section to the extent that it addresses of these 
18matters. A general publication, guide, summary or website posting that is not addressed to a 
19specific member or beneficiary is not a written representation.  
20 (b) A member, whether active or inactive, or a beneficiary who receives a written 
21representation is entitled to rely on it as provided in subsection (c).  
22 (c) Notwithstanding any general or special law to the contrary, including paragraph (c) of 
23subdivision (5) of section 20, if a member or beneficiary reasonably relies on a written 
24representation and acts or decides not to act, because of that representation, the board shall apply 
25the law, rule, regulation or practice as stated in the written representation in determining the 
26member’s or beneficiary’ rights, obligations and benefits under this chapter regarding the matters 
27addressed, including any interest rate or calculation method stated, even if the representation was 
28incorrect when made or later turns out to conflict with the law or the board’s correct 
29interpretation;  provided, however, that this subsection does not apply if: (i) the member or 
30beneficiary obtained the representation by fraud; or (ii) the representation was based on incorrect 
31information provided by the member or beneficiary.  
32 (d) A board may correct a written representation by sending a corrected written 
33representation to the member or beneficiary to whom the original representation was addressed; 

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34provided, however, that the correction may not affect the rights of the member or beneficiary 
35under subsection (c) who, before receiving the corrected representation, reasonably relied on the 
36original representation and: (i) made a payment to the system or entered into an agreement to 
37purchase or establish creditable service; (ii) retired or filed an application for retirement; (iii) 
38made an irrevocable