survivor benefits

Section 44B provides school janitors eligible for retirement under Sections 44 or 44A with two pension options at retirement. Option A pays the full pension for life. Option B pays a reduced pension for life with a provision that two-thirds of that lesser amount continues to a surviving spouse (who was the spouse at retirement), with the surviving spouse receiving at least two-thirds of what the janitor was receiving at death. If a janitor who has served 20 or more years dies before retirement, the widow is entitled to two-thirds of the Option B allowance the janitor would have received, conditioned on at least 10 years of marriage, cohabitation at death, and surviving unmarried. Actuarial equivalence computations are supervised by the PERAC actuary at city or town expense. Acceptance requires a two-thirds city council vote (Plan D/E cities), regular city council vote (other cities), or annual town meeting majority vote.

PERAC clarifies that COLAs under G.L. c. 32, § 103(c) must be applied to Section 100 benefits paid to survivors of public safety employees killed in the line of duty. Section 100 benefits are classified as a "pension" under the statute, making them subject to COLA grants by retirement boards. Any board that has not been applying COLAs to Section 100 benefits must correct this error immediately, recalculate any unpaid COLA amounts owed to beneficiaries, and remit payment with corrections-of-errors interest going forward.

This memo supplements Memo #28/2025 on Section 100 benefits and COLAs. It clarifies two key points: first, COLAs are not "benefits" themselves but enhancements to an existing pension, so the Section 100 "alternative benefit" language does not bar COLA eligibility. Second, when calculating back COLA payments owed to Section 100 beneficiaries, boards need only go back to July 1, 1998 — prior to that date, the pre-1997 version of Section 102(a) provided for the greater of a COLA or a Section 100 increase but not both, so COLAs would have been the smaller amount.