PERAC Memo #37 - 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 clarifies the timeline for repeal of G.L. c. 32, §5(1)(e), the spousal retirement provision, which takes effect November 1, 2003 following the Legislature's override of the Governor's veto. PERAC has determined that members who file applications under this provision before November 1, 2003 remain eligible to retire under it, even if their retirement date falls on or after that date, provided the retirement date is no more than four months after filing. Boards should process any qualifying applications filed before the November 1 deadline accordingly and ensure staff are aware of this transition rule when advising members considering spousal retirement.

Full Text

Memorandum # 37/2003

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 27, 2003

As clarification the Commission noted in PERAC Memorandum #36/2003, the Legislature has overridden the Governor’s veto of an extension of the time to file for retirement under G.L. c. 32, § 5(1)(e), the so-called spousal retirement provision. Under this Act, the repeal of the provision, which allows any member who is married to a retiree to retire as if he or she was age 55, takes effect November 1, 2003

The Commission has determined that any member who applies for retirement using this provision before November 1, 2003 with a retirement date up to or after November 1, 2003 will be eligible to retire using this provision despite its pending repeal. The retirement date must be subsequent to but not more than four months after filing of such application.

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