Section 32:26 - Retirement of officers in department of state police(1) As used in this section, the following words shall, unless the context otherwise requires, have the following meanings: "Officer", an officer of the department of state police appointed thereto under section ten of chapter twenty-two C.
"Rating board", a board having the powers and duties provided for in this section, and consisting of the state surgeon, the commissioner of public health, the colonel of state police, or a subordinate designated by any of them from time to time by a writing filed in the office of the state board of retirement.
(2)(a) Any member in service classified in Group 3 who is an officer of the department of state police shall be retired by the state board of retirement in case the rating board, after an examination of such officer by a registered physician appointed by it, shall report in writing to the state board of retirement that such officer is physically or mentally incapacitated for the performance of duty by reason of (i) illness incurred through no fault of his own in the actual performance of duty or (ii) an injury resulting from an accident occurring during the performance and within the scope of his duty and without contributory negligence on his part, and that such incapacity is likely to be permanent.(b) Upon retirement under the provisions of this subdivision, a member shall receive a retirement allowance to become effective on the date of his retirement. Payments under such allowance shall be made as provided for in sections twelve and thirteen and the normal yearly amount thereof shall be equal to the sum of: (i) A yearly amount of annuity equal to the yearly amount of the regular life annuity specified in clause (i) of Option (a) of subdivision (2) of section twelve; and(ii) A yearly amount of pension equal to seventy-two percent of the annual rate of his regular compensation on the date such illness or injury was incurred, or equal to seventy-two percent of the average annual rate of his regular compensation on the date such illness or injury was incurred, or equal to seventy-two percent of the average annual rate of his regular compensation for the twelve month period for which he last received regular compensation immediately preceding the date his retirement allowance becomes effective, whichever is greater; provided, however, that for any employee who was not a member in service on or before January first, nineteen hundred and eighty-eight or has not been continuously a member in service since such date, the total yearly amount of the sum of such pension and the annuity as determined in accordance with the provision of subparagraph (i) shall not exceed seventy-five percent of the annual rate of regular compensation as determined in the subparagraph; and provided, further, that no individual who is a member in service on January first, nineteen hundred and eighty-eight whose allowance is limited by the seventy-five percent limitation as established in this subparagraph, shall receive an amount of pension that is less than seventy-two percent of such individual's regular compensation on said January first, nineteen hundred and eighty-eight; and(iii) A yearly amount of additional pension determined at the rate fixed by the actuary as hereinafter provided, for each surviving unmarried child of such member who is under the age of 18, or, if over that age and under age 22, who is a full-time student at an accredited educational institution, or who was over said age and physically or mentally incapacitated from earning on the date of such member's retirement. Such additional pension on account of any child shall be paid only so long as such child survives, remains unmarried and is under the age of eighteen or, if over such age remains physically or mentally incapacitated from earning or, if over said age and under the age of 22, is a full-time student at an accredited educational institution offering full-time courses of study equivalent to or higher than secondary school study. The words "accredited educational institution'' shall mean any school, college, or university that is licensed, approved, or accredited, as the case may be, in the state in which it is located. Beginning July first, nineteen hundred and eighty-eight such additional pension shall be fixed at a rate of four hundred and fifty dollars for each eligible child. Beginning July first, nineteen hundred and eighty-nine, such rate shall be increased by an amount equal to the percentage increase in the cost of living determined by the general court for such year pursuant to section one hundred and two.(iv) Any member retired under this subdivision who is a veteran, as defined in section 1, shall receive an additional yearly retirement allowance of $15 for each year of creditable service or fraction of a year, but the total amount of this additional yearly retirement allowance shall not exceed $300.(3)(a) Any member in service classified in Group 3 shall be retired by the state board of retirement upon his attaining age 65; provided that any such member in Group 3 who has performed service in the department of state police for not less than twenty years and who has not attained the age of fifty-five may elect to retire pursuant to the provisions of this subdivision.(b) Any member in service classified in Group 3 who has performed service in the department of state police for not less than twenty years and who has not attained age 65 shall be retired by the state board of retirement if the rating board, after an examination of such member by a registered physician appointed by it, shall report in writing to the state board of retirement that he is physically or mentally incapacitated for the performance of duty and that such incapacity is likely to be permanent.(c) Upon retirement under this subdivision, a member shall receive a retirement allowance to become effective on the date of the member's retirement. Payments under such retirement allowance shall be made as provided for in sections 12 and 13 and the normal yearly amount of the retirement allowance shall be equal to 60 per cent of the average annual rate of the member's regular compensation during the 12-month period of the member's creditable service immediately preceding the date the member's retirement allowance becomes effective; provided, that for members who became members in service before April 2, 2012, the total amount of the allowance shall be increased by one-twelfth of 3 per cent for each full month of service in excess of 20 years of service and prior to the last day of the month in which such member will reach the age of 55; provided, further, that for a member who became a member in service on or after April 2, 2012, the normal yearly amount of the retirement allowance shall be equal to 50 per cent of the average annual rate of the member's regular compensation during the 12-month period of the member's creditable service immediately preceding the date the member's retirement allowance becomes effective, and the total amount of the allowance shall be increased by one-twelfth of 2.5 per cent for each full month of service in excess of 20 years of service and prior to the last day of the month in which such member will reach the age of 55; provided, further, that such retirement allowance shall in no case exceed 75 per cent of such regular compensation; provided, further, that for a member who became such a member before April 2, 2012, if such member shall reach the member's fifty-fifth birthday and shall not have completed such 20 years of service, the amount of the member's retirement allowance shall be calculated by subtracting from such normal yearly amount one-twelfth of 3 per cent for each full month of service that the member's service is less than 20 years; and provided, further, that for a member who became such a member on or after April 2, 2012, if such member shall reach the member's fifty-fifth birthday and shall not have completed such 20 years of service, the amount of the member's retirement allowance shall be calculated by subtracting from such normal yearly amount one-twelfth of 2.5 per cent for each full month of service that the member's service is less than 20 years. Any member retired under this subdivision who is a veteran as defined in section 1 shall receive an additional yearly retirement allowance of $15 for each year of creditable service or fraction of such a year; provided, that the total amount of said additional retirement allowance shall not exceed $300 in any case.(4) Sections five, six, and subdivisions (1) to (3), inclusive, of section ten shall not apply to any member so classified in Group 3. Section seven shall not apply to any member so classified to whom the provisions of subdivision (2) of this section are applicable. Notwithstanding any provisions to the contrary, sections five B, eight, and fifteen shall apply to any member so classified.Mass. Gen. Laws ch. 32, § 26
Amended by Acts 2011, c. 176,§§ 43, 44 eff. 4/2/2012.Amended by Acts 2006, c. 161,§ 3, eff. 10/17/2006.Amended by Acts 2004, c. 149,§§ 83, 84 eff. 7/1/2004. See Acts 2011, c. 176, § 61.