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Bill > H2381


MA H2381

MA H2381
Relative to protecting innocent beneficiaries


summary

Introduced
01/20/2015
In Committee
01/20/2015
Crossed Over
Passed
Dead
07/31/2016

Introduced Session

189th General Court

Bill Summary

Relative to protecting innocent beneficiaries under the public employee retirement law. Public Service.

AI Summary

This bill amends existing public employee retirement law to protect innocent beneficiaries from forfeiting their benefits due to the misconduct of the member, which is the person whose employment and contributions are the basis for the retirement benefits. Specifically, it introduces provisions that allow a beneficiary to be relieved of forfeiture if they can prove they did not know and had no reason to know of the member's conduct, or if it would be unfair to hold them responsible, or if they were a victim of the member's actions. The bill further defines what constitutes "knowledge or reason to know" by considering whether the beneficiary actually knew or if a reasonable person would have known, taking into account factors like the nature of the conduct, the beneficiary's involvement, education, and any willful failure to inquire. It also clarifies "inequity" by looking at whether the beneficiary significantly benefited, directly or indirectly, from the conduct beyond normal support, and defines "victim" broadly to include anyone suffering harm, including financial, emotional, or physical harm, as a result of the member's criminal acts or violations of abuse or harassment prevention orders.

Committee Categories

Labor and Employment

Sponsors (1)

Last Action

Accompanied a study order, see H4367 (on 06/09/2016)

bill text


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