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Establish State Retiree Benefits Trust Fund
SECTION 8.
Chapter 32A of the General Laws is hereby amended by adding the following section:-
Section 24. (a) There shall be and set up on the books of the commonwealth a fund to be known as the State Retiree Benefits Trust Fund, hereinafter in this section referred to as the fund. The pension reserves investment management board established pursuant to section 23 of chapter 32, in this section called the board, shall be the trustee of and shall administer the fund. For the purposes of this section the secretary of the executive office of administration and finance, or his designee, and the executive director of the group insurance commission established pursuant to section 3 of chapter 32A or his designee, shall be members of the board. The provisions of section 23 of chapter 32 shall apply to the management of the fund. The fund shall be an expendable trust not subject to appropriation.
(b) The purpose of said fund shall be for depositing, investing and disbursing amounts set aside solely to meet liabilities of the state employees' retirement system for health care and other non-pension benefits for retired members of the system. There shall be credited to the fund any revenue from appropriations or other monies authorized by the general court and specifically designated to be credited to the fund, and any gifts, grants, private contributions, investment income earned on the fund's assets and all other sources. Money remaining in the fund at the end of a fiscal year shall not revert to the General Fund.
(c) Upon request of the group insurance commission established, the board may expend amounts in the fund, without further appropriation, to pay the costs of health care and other non-pension benefits for retired members of the state retirement system; provided, however, that said group insurance commission shall remain responsible for administering the payment of, and determining the terms, conditions, schedule of benefits, carriers and eligibility for, health care and other non-pension benefits for retired members of the state retirement system.
(d) Upon authorization by the board, any other retirement system of the commonwealth may participate in the fund using the same procedures required for participation in the PRIT Fund pursuant to section 22 of chapter 32.
(e) The fund shall be revocable only when all such health care and other non-pension benefits, current and future, payable pursuant to this chapter have been paid or defeased.
Transfer General Fund to the State Retiree Benefits Trust
SECTION 52. Notwithstanding any general or special law to the contrary, during fiscal year 2008, the comptroller shall, according to a schedule developed in consultation with the state treasurer and the secretary of administration and finance, transfer $343,242,800 from the General Fund to the State Retiree Benefits Trust Fund, established in section 24 of chapter 32A of the General Laws.
Transfer Health Care Security Trust to General Fund
SECTION 53.
** Item is being returned for amendment. Text of recommendations can be found in Attachment E.
Notwithstanding any general or special law to the contrary, the comptroller shall not less than 10 days after the effective date of this act, transfer $150,000,000 to the General Fund from the Health Care Security Trust Fund, established in section 1 of chapter 29D of the General Laws.
Transfer Health Care Security Trust to State Retiree Benefits Trust
SECTION 54. Notwithstanding any special or general law to the contrary, and on or before June 30, 2008 the comptroller shall transfer the balance in the Health Care Security Trust to the State Retiree Benefits Trust Fund.
Transfer Health Care Quality Improvement Trust Fund Balance
SECTION 59. Notwithstanding any special or general law to the contrary and on or before October 1, 2007, the comptroller shall transfer to the General Fund the balance in the Health Care Quality Improvement Trust Fund, established in section 2EEE of chapter 29 of the General Laws.
GIC Coverage for Legally Separated Spouse
SECTION 73.
Notwithstanding any general or special law to the contrary, and effective June 28, 1984, Patricia M. Walsh of 19 Jonathan street in the city of New Bedford shall be eligible for the insurance benefits made available to the divorced or separated spouses of an employee or retiree who has such health insurance or coverage as provided in section 11A of chapter 32A of the General Laws.
Required Reports to Administration and Finance
SECTION 81. Notwithstanding any general or special law to the contrary, any agency, board, bureau, department, division, section, or commission of the commonwealth required to submit a report to the house and senate committees on ways and means pursuant to this act shall submit a copy of said report to the executive office of administration and finance.
Study Commission on Retiree Benefit Liability
SECTION 82. Notwithstanding any general or special law to the contrary, there shall be a special commission to investigate and study the commonwealth's liability for paying retiree health care and other nonpension benefits. The commission shall specifically examine further legislation necessary to comply with statement number 43 and statement number 45 of the Government Accounting Standards Board, a possible amortization schedule to fund the commonwealth's liability and, alternatively, state borrowing against future tobacco litigation proceeds to fund the commonwealth's liability for said retiree healthcare and other non-pension benefits. The commission shall consist of the chairs of the joint committee on public service, who shall chair the commission, the chairs of the house and senate committees on ways and means, the secretary of administration and finance, or his designee, the state treasurer, or his designee, the state comptroller, or his designee, the executive director of the pension reserves investment management board or his designee, the house minority leader or his designee, the senate minority leader or his designee, and the executive director of the group insurance commission or his designee. The commission shall report its findings and recommendations, including any proposed legislation, to the clerks of the senate and house of representatives and to the chairs of the house and senate committees on ways and means on or before December 31, 2007.