HOUSE DOCKET, NO. 5210 FILED ON: 7/28/2020
HOUSE . . . . . . . . . . . . . . . No.
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
David Allen Robertson
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act Allowing Deina Abdelkade to Become A Member of the State Employee Retirement
System.
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PETITION OF:
NAME: DISTRICT/ADDRESS:
David Allen Robertson 19th Middlesex
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 HOUSE DOCKET, NO. 5210 FILED ON: 7/28/2020
HOUSE . . . . . . . . . . . . . . . No.
[Pin Slip]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-First General Court
(2019-2020)
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An Act Allowing Deina Abdelkade to Become A Member of the State Employee Retirement
System.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 Whereas, The deferred operation of this act would tend to defeat its purpose, which is to
2 authorize forthwith a certain employee of the University of Massachusetts to become a member
3 of the state employees' retirement system, therefore it is hereby declared to be an emergency law,
4 necessary for the immediate preservation of the public convenience.
5 SECTION 1. (a) Notwithstanding section 60 of chapter 176 of the Acts of 2011 or any
6 other general or special law to the contrary, Deina Abdelkader, an employee of the University of
7 Massachusetts, may, within 30 days of the effective date of this act elect to become a member of
8 the state employees' retirement system. Deina Abdelkader shall provide written notice of such
9 election to the state retirement board and the department of higher education.
10 (b) Upon such election to become a member of the state employees’ retirement system
11 Deina Abdelkader shall discontinue participation in the optional retirement program established
12 under subsection 3 of section 40 of chapter 15A of the General Laws. Such election shall be
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13 irrevocable and shall result in the forfeiture of all benefits, rights and privileges associated with
14 the optional retirement program.
15 SECTION 2. (a) Notwithstanding section 4 of chapter 32 of the General Laws or any
16 other general or special law to the contrary, upon electing to become a member of the state
17 employees' retirement system, Deina Abdelkader shall purchase creditable service for: (i) the
18 service she rendered for the University of Massachusetts from September XX, 2009 until the
19 date her membership in the state employees' retirement system is effective; and (ii) any
20 membership in the state employees’ retirement system immediately preceding September XX,
21 2009.
22 (b) The purchases for creditable service in subsection (a) shall be in 1 lump sum or in
23 installments upon such terms as the state retirement board may provide; provided however, that
24 said purchases shall be in the amount equal to the contributions Deina Abdelkader and the
25 commonwealth as her employer would have otherwise paid into the state employees’ retirement
26 systemhad she been a member, plus investment gains and actuarial-assumed interest for the years
27 spent as an actively contributing member in the optional retirement program, compounded
28 annually, through December 31, 2013. The retirement board shall calculate and report the cost to
29 purchase said creditable service to Deina Abdelkader and the department of education within 90
30 days of receiving notice of her election to enroll in the state employee retirement system.
31 (c) Within 30 days of receiving the cost to purchase her creditable service, Deina
32 Abdelkader shall: (i) instruct the department of higher education to effect a trustee to trustee
33 transfer of all of her employee assets from the optional retirement program to the state employee
34 retirement system; (ii) instruct the department of higher education to effect a trustee to trustee
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35 transfer of all of her employer assets from the optional retirement program to the state employee
36 retirement system; (iii) establish a transfer payout annuity with TIAA in order to begin the
37 liquidation of all optional retirement program assets held in TIAA’s traditional account; and (iv)
38 instruct the department of higher education to provide confirmation of said transfer payout
39 annuity to the state retirement board.
40 (d) Upon Deina Abdelkader’s election to purchase the creditable service in subsection (a)
41 and prior to the date that any retirement allowance becomes effective, she shall pay into the
42 annuity savings fund of the state employees' retirement system, in 1 sum or installments, upon
43 such terms and conditions as the state employees' retirement system may prescribe, an amount
44 equal to the accumulated regular deductions that would have been deducted from her regular
45 compensation if she was admitted to membership in the state employees' retirement system on
46 September XX, 2009.
47 (e) Upon entry in the state employees' retirement system, Deina Abdelkader shall
48 complete and submit a state employees' retirement system enrollment form to the office of
49 human resources and equal opportunity and outreach of the University of Massachusetts at
50 Lowell and provide written instruction to said office to discontinue her employee contributions
51 to the optional retirement program and initiate her employee contributions to the state
52 employees’ retirement program.
53 (f) For the purposes of this act, the state employees’ retirement system shall recognize
54 Deina Abdelkader’s participation in the optional retirement program as creditable service under
55 the state employees’ retirement system.
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