Outside Section 57

Other Post-Employment Benefits Liability

SECTION 57.   (a) Notwithstanding any general or special law to the contrary, the unexpended balances in items 0699-0014 , 0699-0015 , 0699-2005 and 0699-9100 shall be deposited into the State Retiree Benefits Trust Fund established in section 24 of chapter 32A of the General Laws prior to determining the fiscal year 2018 consolidated net surplus under section 5C of said chapter 29 . The amount deposited shall be an amount equal to 10 per cent of all payments received by the commonwealth in fiscal year 2018 under the master settlement agreement in Commonwealth of Massachusetts v. Philip Morris, Inc. et al., Middlesex Superior Court, No. 95-7378; provided, however, that if in fiscal year 2018 the unexpended balances of said items 0699-0014 , 0699-0015 , 0699-2005 and 0699-9100 are less than 10 per cent of all payments received by the commonwealth in fiscal year 2018 under the master settlement agreement payments, an amount equal to the difference shall be transferred to the State Retiree Benefits Trust Fund from payments received by the commonwealth under the master settlement agreement.

(b) Notwithstanding any general or special law to the contrary, the percentage increase set forth in section 152 of chapter 68 of the acts of 2011 shall not apply in fiscal year 2018.



Summary:
This section authorizes the use of debt service reversions to pay for OPEB funding. If debt service reversions are insufficient to cover the required funding, tobacco settlement proceeds would be used to make up that deficiency.