veterans

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.

Section 26 governs retirement of Group 3 state police officers, providing two distinct retirement paths. Under subdivision (2), officers incapacitated by a duty-related illness or injury receive a disability retirement allowance equal to 72% of their highest applicable regular compensation plus an annuity component and a dependent children supplement. Under subdivision (3), officers who have completed 20 or more years of state police service retire at a benefit starting at 60% of final-year compensation (50% for members joining on or after April 2, 2012), increasing incrementally for service beyond 20 years up to a 75% cap. The section also governs mandatory periodic medical evaluations of disabled retirees, rehabilitation programs, restoration to active service procedures, and reduction or suspension of disability allowances when a retiree's earnings exceed applicable thresholds.

Section 28M allows Group 4 Department of Correction employees whose major responsibilities include the care and custody of prisoners, and transportation officers within the department, to retire at their own request after 20 years of service. The base retirement allowance equals 50% of the average annual compensation during the final 12 months of creditable service, increased by one-twelfth of 1% for each full month of service beyond 20 years up to the mandatory retirement age. Veterans receive an additional allowance of $15 per year of creditable service, capped at $300.

Section 28N allows correction or jail officers employed by county sheriffs' offices who have performed at least 20 years of service to retire at their own request. The base retirement allowance equals 50% of the average annual compensation during the final 12 months of creditable service, increased by one-twelfth of 1% for each full month of service beyond 20 years up to the mandatory retirement age. Veterans receive an additional allowance of $15 per year of creditable service, capped at $300.

Section 52 provides that a veteran of the Indian wars who has served a city or town for at least ten years may be retired at half the average compensation from the two years before retirement if incapacitated for active duty.

Section 53 allows a veteran of the Indian wars employed jointly by two municipalities to be retired at half average compensation by joint action of both governing bodies, with each municipality paying half, provided the veteran has served the two municipalities for at least ten years.

Section 54 specifies that sections 52 and 53 (veterans of Indian wars retirement provisions) become effective in any city by city council vote or in any town by town meeting vote accepting them or corresponding prior law provisions.

Section 55 provides that city council actions regarding acceptance of sections 52 and 53, or the retirement of any veteran under them, are subject to the mayor's veto and override as provided in the city charter.

Section 56 provides that a qualifying veteran in public service who becomes incapacitated for active service may be retired at half the highest annual compensation for their grade, plus one percent per year of service beyond ten years (capped at 65%), provided they have at least ten years of service and their total income from other sources does not exceed $1,000.

Section 57 allows a veteran (including army nurses) with at least ten years of aggregate public service to be retired at the discretion of the retiring authority at half the highest applicable compensation rate, with one percent additional per year beyond ten years (up to 65%), provided total outside income does not exceed $1,000.

Section 57A applies certain provisions of the contributory retirement system (regarding reexamination, reemployment, and reinstatement) to veterans retiring under sections 56 or 57 on or after January 1, 1946, with the retiring authority acting in place of the retirement board.

Section 57B allows police and fire department members retiring under sections 56–60 to count service as reserve police officer or call firefighter as creditable service for retirement purposes, subject to local acceptance by the appropriate governing body.

Section 58 provides that a veteran with thirty years of aggregate public service may retire at his own request (with retiring authority approval) at 72% of the highest applicable annual compensation for the grade held at retirement.

Section 58A credits wartime military service toward retirement eligibility for veterans who were in public employment before entering service and were reinstated or reemployed within two years after discharge, subject to limits on voluntary service beyond four years.

Section 58B allows veterans eligible to retire under section 58 to elect a reduced pension that, upon their death, provides two-thirds of that lesser amount to a surviving spouse or eligible beneficiary (child, parent, sibling) for life, with actuarial equivalency calculations supervised by PERAC.

Section 58C provides enhanced retirement allowances for veteran police officers and permanent firefighters in cities, towns, or districts that accept this section: 70% of highest compensation if retired before age 60, 71% before age 61, and 72% at age 61 or older, in lieu of the standard section 58 rate.

Section 58D extends the enhanced retirement allowance tiers of section 58C (70%, 71%, or 72% of highest compensation based on age at retirement) to veteran city or town employees who are not police or fire members, in cities or towns that accept this section.

Section 59 defines "retiring authority" as used in sections 56–60 for veterans: the state board of retirement for the commonwealth, the appropriate retirement board for counties, cities, towns, districts, and regional school districts, and the selectmen, prudential committee, or relevant authority for towns and districts without a retirement board.

Section 59A requires that when a veteran's pension is based partly on service in a different governmental unit than the one paying the pension, the paying unit must be reimbursed annually by the other unit for the proportionate share of the pension, with enforcement through contract action if payment is not made.

Section 60 makes sections 56–59 effective in any county, city, town, or district that accepted them before January 1, 1946, and bars veterans whose employment first began after June 30, 1939 from coverage, while also requiring eligible veterans to have creditable service at least equal to twice their time not in public employ since their service began.