summary
Introduced
01/20/2015
01/20/2015
In Committee
01/20/2015
01/20/2015
Crossed Over
Passed
Dead
07/31/2016
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)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://malegislature.gov/Bills/189/House/H2381 |
| State Bill Page | https://malegislature.gov/Bills/189/H2381 |
| Bill | https://malegislature.gov/Bills/189/H2381.pdf |
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