appeals

Section 14A requires that any recovery of lost wages from a third party (not the employer) for the same injury underlying a disability pension under sections 6, 7, or 9 be offset against the pension. It obligates the retirement board to prosecute third-party claims on behalf of a member or beneficiary who fails to do so, and authorizes suspension of pension payments if the member or beneficiary refuses to cooperate.

Section 16 establishes the procedures for involuntary retirement initiated by a department head, including the member's right to a hearing before the retirement board. Members meeting minimum age and service thresholds (generally age 55 with 15 years, or 20 years of service regardless of age) may petition the district court to review adverse board decisions. All other aggrieved members may appeal to the Contributory Retirement Appeal Board, which assigns matters to the Division of Administrative Law Appeals for hearing, with final and binding decisions subject to limited further review.

Section 21 establishes the Public Employee Retirement Administration Commission (PERAC) as the primary supervisory authority over all Massachusetts public retirement systems, with powers to prescribe accounting methods, conduct field examinations every three years, review and remand disability and termination retirement decisions within 30 days, assess expenses against covered systems, and maintain a comprehensive public employee retirement and disability data system. The section also governs actuarial valuation requirements — conducted biennially under the entry age normal method — experience investigations every six years, and requires PERAC to develop rehabilitation programs for disabled employees in cooperation with other state agencies.

Section 24 provides PERAC with the primary enforcement mechanism for violations of Chapter 32. When PERAC determines that any governmental unit, officer, employee, or retirement board has violated or neglected Chapter 32 requirements, it must notify the appropriate executive authority and, if violations continue, refer the matter to the Attorney General. The Superior Court has equity jurisdiction to compel compliance and restrain violations. Willful refusal or neglect to comply with Chapter 32 or its regulations is punishable by a fine of up to $1,000 or up to one year imprisonment, or both.

Section 25 provides several fundamental protections for retirement system members. It guarantees minimum retirement allowances for members who had rights under pre-1946 law, ensures that members with rights under prior non-contributory pension laws receive at least those amounts, and preserves the rights of veterans who entered government service before July 1, 1939 to choose between Chapter 32 and veterans' pension benefits at retirement. The section declares that retirement system membership constitutes a contractual relationship that cannot be diminished by subsequent legislative amendments for members who have paid required contributions. It also expressly authorizes mandamus actions — by PERAC, the Attorney General, or district attorneys — to compel governmental units that fail to appropriate or pay required pension obligations.

PERAC has filed proposed amendments to 840 CMR 6.00 (Standard Rules for Disclosure of Information) to align the regulations with the Public Records Law and Fair Information Practices Act. Key changes include: deleting 840 CMR 6.05 (Notice to PERAC); amending 840 CMR 6.08 to require written member consent before a retirement file may be provided to that member's employer; and renaming 840 CMR 6.13 to direct boards seeking public records guidance to contact the Public Records Division directly rather than requesting a formal advisory opinion. A remote hearing is scheduled for May 21, 2026 at 10 a.m.; written comments accepted through May 22, 2026 at 5 p.m.