General Laws of Massachusetts - Chapter 151D Health, Welfare and Retirement Funds - Section 9 Waiver of requirement for statutory vested benefits; procedures

Section 9. In addition to the waiver provisions authorized by section eight, the board, upon the advice and recommendation of the advisory committee, created by section seventeen, may grant a waiver of the requirements of section thirteen under terms and conditions set by the board upon a showing that a pension plan or profit-sharing retirement plan would suffer undue economic hardship that would be detrimental to the interests of its participants. No waiver herein provided shall extend longer than thirty-six months after it has been granted. Upon expiration of said waiver, a proposal for the gradual incorporation of the requirements of section thirteen shall be submitted for the approval of the board. In no instance shall such a proposal for gradual incorporation require more than ten years.

Any request for waiver shall be in writing in a form prescribed by the board. The advisory committee shall receive copies of all waiver requests. Any waiver issued by the board shall be in writing with a notice of its date of issuance. Rules and regulations issued by the board, pursuant to this section, shall be promulgated in accordance with the provisions of chapter thirty A.

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Last modified: September 11, 2015