PERAC Memo #33 - 2003: Update on Repeal of G.L. c. 32, § 5(1)(e) – Spousal retirement provision

Update on Repeal of G.L. c. 32, § 5(1)(e) – Spousal retirement provision

Summary

This memo provides an update on the status of G.L. c. 32, §5(1)(e) (the spousal retirement provision) following its repeal, noting that a DALA decision allowing post-July 1, 2003 applicants to use this provision is not final because CRAB has taken the case up for review. Boards must continue to prohibit members from using §5(1)(e) unless they applied for retirement before July 1, 2003, consistent with Memorandum #27/2003, and should await further guidance from PERAC once a final decision is reached.

Full Text

Memorandum # 33/2003

M E M O R A N D U M

TO: All Retirement Boards FROM: Joseph E. Connarton, Executive Director RE: Update on Repeal of G.L. c. 32, § 5(1)(e) – Spousal retirement provision

DATE: October 7, 2003

The Division of Administrative Law Appeals (DALA) has ruled in a case involving G.L. c. 32, § 5(1)(e) that a member who applied to retire after July 1, 2003 may take advantage of the spousal retirement provision. The Contributory Retirement Appeal Board, however, has decided to review the DALA decision. As a result, the DALA decision is not a final decision and has no legal effect.

All retirement boards shall prohibit a member from utilizing §5(1)(e) unless they applied for retirement prior to July 1, 2003. See PERAC Memorandum #27/2003 for more information.
The Commission will advise retirement boards when a final decision has been issued.

We trust the foregoing is of assistance. If you have further questions or concerns, please contact this office.