Retirement+ Legislation
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Updated: December 2024
Today, Thursday, December 12, the members of state House of Representatives took a major step forward in passing a redrafted version of H.2630, which is a huge step forward!
The new bill, H.5136, is nearly identical to the original and will likely be reported to the Senate’s Committee on Ways and Means. The MTA is calling on all members to contact their state senator today and ask them to support the immediate passage of H.5136 so it can be signed by the Governor before the end of the session on December 31. You can take action here. You'll also find a link to your legislators’ phone number and email which you can use to share your story directly with them.
Background
The state Legislature ended its formal legislative session on the morning of August 1 without acting on the RetirementPlus Bill. The MTA continues to push for the bill’s passage, but during informal sessions, which will last until the first week of January 2025, unanimous consent is needed for it to pass, and one member of the Legislature can block it, so the bill may need to be refiled.
H.2630 was reported favorably by the Joint Committee on Public Service and referred to the House Committee on Ways and Means on May 13. H.2630 would allow teachers hired before July 1, 2001, who did not provide a written election to participate in RetirementPlus, to have a second opportunity to do so. MTA President Max Page testified in support of this bill at a June 2023 legislative hearing and the MTA continues to push the Legislature to fix the enrollment issues surrounding RetirementPlus.
In 2001, when RetirementPlus was first introduced, many teachers encountered a confusing enrollment process. Some never received an enrollment form while others were led to believe they were automatically enrolled in Retirement Plus, only later learning that they were not. The MTA has worked to rectify these issues administratively, however, an August 2023 ruling by the Division of Administrative Law Appeals has made it clear that legislation is needed to fix this problem.
In the ruling, DALA stated “that a 2001 teacher cannot join the § 5(4) benefits program [RetirementPlus] after missing the mid-2001 deadline, even in sympathy-provoking cases, and even if the teacher received no notice about the § 5(4) program” from their retirement system. This unfortunate but clear statement from DALA makes passing legislation the only way to rectify this unfair process.
The House Committee on Ways and Means is tasked with reviewing all legislation affecting the finances of the Commonwealth. The committee has no deadlines for taking action, nor is it required to bring a bill to the House for a vote, so your advocacy is even more important. Please reach out to your state representative and ask them to contact the chair and other members of House leadership and express their strong support for H.2630.
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About RetirementPlus legislation
Learn about several bills under consideration by the Joint Committee on Public Service that would allow teachers hired before July 1, 2001, and who did not “elect” to join RetirementPlus, to have a second opportunity to do so. This webinar was presented on Nov. 14, 2023. The bills were filed in the 2023-24 legislative session.