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H 5359

An Act to provide equitable access to military creditable service for judges

194th Legislature (2025-2026) Introduced by Mark Cusack

The bill allows judges and retirement-system members to purchase up to 4 years of active military service credits, paid before vesting or within 1 year after vesting.

Bill reported favorably by committee and referred to the committee on House Ways and Means
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Bill Summary · H 5359

Bill Summary: H.5359 (194th Massachusetts General Court)

Title

An Act to provide equitable access to military creditable service for judges

Purpose and Intent

The bill seeks to ensure that judges and retirement-system members in Massachusetts receive credit for active military service under certain conditions. It establishes a mechanism for members who are veterans to purchase credit for active U.S. military service, with specific criteria and limitations. The overall goal is to create a more equitable treatment of military service in calculating retirement benefits.

Key Provisions

  • Applicability and Eligibility

    • Applies to members in service of a retirement system as defined by section 1, and to judges or justices eligible for retirement benefits under M.G.L. c. 32, §§ 65A-65J.
    • The provision is designed to apply regardless of other laws, rules, or regulations to the contrary, with one main exception: military creditable service must be purchased.

  • Notice of Eligibility

    • Upon entry into service, the retirement board must provide written notice that eligible veterans may be entitled to credit for active service in the U.S. armed forces.

  • Purchase of Military Creditable Service

    • Active military service can be credited, but only if the member pays into the annuity savings fund prior to vesting or within 1 year of vesting.
    • Payments can be made in a single sum or in installments, under terms and conditions prescribed by the retirement board.
    • Credit can be claimed for each year of creditable service by paying an amount equal to 10% of the member’s regular annual compensation at the time the member entered the retirement system.
    • The total creditable service that can be purchased is limited to a maximum of 4 years.
    • Creditable service cannot be double-counted for any period for which credit has already been granted.

  • Coverage Scope

    • The rule applies to both National Guard and active reserve personnel, including former and current members.

  • Credit Substitution Rules

    • Creditable service time (enlisted or commissioned) may be applied toward retirement on a ratio: 5 years of National Guard service or 5 years of active reserve service can substitute for each year of active service.
    • National Guard and active reserve personnel may still pursue purchase if they qualify as a veteran after vesting or if they reach the 4-year maximum, provided they enter into a purchase agreement within 5 years of the last event.

Affected Parties

  • Judges and other retirement-system members in Massachusetts.
  • National Guard and active reserve personnel seeking to augment retirement with purchased military credit.
  • Retirement boards responsible for issuing notices and managing the purchase process.

Procedural and Timeline Considerations

  • Written notice to eligible members must be provided upon entry into service.
  • Purchase must be made prior to vesting or within 1 year of vesting.
  • Purchase payments may be in a lump sum or installments.
  • A 5-year window exists for National Guard/active reserve members to enter into purchase agreements if they qualify after vesting or reach the 4-year maximum.
  • Maximum eligible purchase: 4 years of creditable service.

Status and Process

  • Referred to House Rules, then to Public Service; Senate concurrence occurred on 4/8/2026.
  • Hearing dates have been scheduled/rescheduled in April 2026.

Note

The bill text specifies precise monetary terms (10% of the member’s regular annual compensation for each year of creditable service) and the 4-year cap, making it a targeted adjustment to retirement credit mechanics for military service.

Compiled from official sources — confirm details with the bill’s official record.

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