Section 82 Continuing Service
(a) Notwithstanding section 141 of chapter 47 of the acts of 2017, a member who made an election under section 90G� of chapter 32 of the General Laws prior to the effective date of section 28 of said chapter 47, may, within 60 days after the effective date of this act, repeal such election and be credited with any years of service subsequent to such election; provided, however, that such member: (i) has maintained continuous service since making such election; and (ii) is a member continuing in service as of the effective date of this act; provided further, that such service shall not be credited until such member has paid into the annuity savings fund of such system, in 1 sum or in installments, upon such terms and conditions as the board may prescribe, makeup payments, for all years of additional creditable service after the member attained the age of 70, of an amount equal to the per cent of the regular annual compensation of the member, plus buyback interest.
(b) Not later than 90 days after the effective date of this act, the state retirement board shall: (i) assess whether it is necessary to request a letter of determination or ruling from the Internal Revenue Service on whether subsection (a) may be implemented without impairing the compliance of the optional retirement plan or the state employees' retirement system with the federal Internal Revenue Code of 2022; and (ii) request, if necessary, a letter of determination or ruling from the Internal Revenue Service; provided, however, that if the state retirement board determines that a letter of determination or ruling is necessary, subsection (a) shall not take effect until the Internal Revenue Service issues a favorable ruling or determination that the transfers described in this section will not result in non-compliance of the optional retirement program or the state employees' retirement system with the federal Internal Revenue Code.