PERAC Memo #27 - 2006: Local Option Increase in Accidental Death Benefit for Surviving Children

Local Option Increase in Accidental Death Benefit for Surviving Children

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Summary

This memo announces a new local option (Chs. 55 and 64 of the Acts of 2006, effective July 5, 2006) allowing retirement boards that have already accepted G.L. c. 32, §7(2)(a)(iii) to increase the accidental death benefit for surviving children under §9(2)(d)(ii) to match that same benefit amount (currently $629.64/year, subject to future COLA-type increases). Boards wishing to adopt this increase must vote to accept the option and obtain ratification from both the Chief Executive Officer and Legislative Body (as defined by entity type), then file a certificate of acceptance with PERAC; the increased benefit is prospective only from the filing date, with no retroactive payments.

Full Text

Memorandum # 27/2006
M E M O R A N D U M TO: All Retirement Boards FROM: Joseph E. Connarton, Executive Director RE: Local Option Increase in Accidental Death Benefit for Surviving Children

DATE: May 30, 2006

Chapters 55 and Section 3 of Chapter 64 of the Acts of 2006 have created a local option that will allow for an increase in the accidental death benefit for surviving children to an amount equal to the benefit provided for in G.L. c. 32, § 7(2)(a)(iii). That yearly benefit is currently $629.64. The new amendments to G.L. c. 32, § 9 become effective on July 5, 2006.

After the effective date of the amendments, the Board of any Retirement System that has accepted the local option contained in G.L. c. 32, § 7(2)(a)(iii) can accept the increase to the death benefit for surviving children under G.L. c. 32, § 9(2)(d)(ii). The Retirement Board must first accept the local option by an affirmative vote and then the Board’s action must be ratified by the Chief Executive Officer and the Legislative Body.

The Legislative body in a Town is the Town Meeting, the City Council in a City, and the County Advisory Board in a County. The Chief Executive Officer shall mean the Board of Selectmen in a Town, the Mayor in a City except in a City with plan D or plan E form of government it shall mean the City Manager. In a municipality with a council form of government the Chief Executive Officer is the Town Manager. In a County the County Commissioners are the Chief Executive Officer. In a District or an Authority, the members of the District or the members of the Authority act as both the Chief Executive Officer and the Legislative Body. In a Regional Retirement Board, the Regional Retirement Board Advisory Council is both the Chief Executive Officer and the Legislative Body.

When the Retirement Board and both the Chief Executive Officer and the Legislative Body have accepted the local option and filed certificates of acceptance with the Commission, the allowances being paid to surviving children pursuant to under G.L. c. 32, § 9(2)(d)(ii) can be increased to an amount equal to the amount being paid to children pursuant to G.L. c. 32, § 7(2)(a)(iii). Benefit increases are payable from the date of acceptance and no retroactive payments can be made. The date of acceptance is the date that the certification of acceptances is filed with the Commission. The benefits payable under G.L. c. 32, § 9(2)(d)(ii) will be increased each year in an amount equal to the percentage increase approved by the general court pursuant to G.L. c. 32, § 102.

Copies of Chapters 55 and 64 of the Acts of 2006 are attached for your review.

Enclosure