Section 44A: Retirement of janitors not in contributory retirement system; authorization; amount of pension

Summary

Section 44A allows cities and towns (by a two-thirds city council vote or annual town meeting vote) to retire school janitors not covered by the contributory retirement system at their own request. Eligibility requires the janitor's employment to have begun before July 1, 1937, and one of three conditions: 35 years of service; age 60 with 25 years of service and incapacitation; or 15 years of service with duty-related incapacitation. The pension equals 72% of the annual compensation at the time of retirement, paid from school appropriations.

Statutory Text

Section 44A. A city having a plan D or plan E charter by a two thirds vote of all the members of its city council, any other city by a vote of the city council subject to the provisions of its charter and a town by a majority vote at an annual town meeting may direct the appropriate city or town retirement board to retire at his own request any janitor whose employment began before July first, nineteen hundred and thirty-seven, and who has been in such employ for not less than thirty-five years, or who has reached the age of sixty and has been in such employ for not less than twenty-five years and has become physically or mentally incapacitated for labor, or who has completed a service of not less than fifteen years and is physically or mentally incapacitated for labor by reasons of injury received in the performance of his duties for such city or town; and if so retired his pension shall be equal to seventy-two per cent of the annual rate of compensation payable to such employee on the date of his retirement and shall be payable out of the appropriation for the support of public schools, maintenance of school buildings or payment of janitors.