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H 4361

Kellan Fenegan

2025-2026 Regular Session Introduced by Terry Alexander and 122 co-sponsors

Preserves TRS/Boston teacher status for staff moving to EOE/DESE and offers a one-time election to an alternative retirement program for eligible long-serving teachers and nurses.

Introduced and adopted
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Bill Summary · H 4361

Summary — H.4361 (2025): “An Act relative to benefits for teachers”

Status and context
- Bill number: H.4361 (House, reported by House Ways & Means 7/30/2025; passed the House 158–0 on 7/30/2025; read and referred to Senate Ways & Means 8/4/2025).
- Primary subject: amendments to Massachusetts retirement law (chapter 32) affecting teacher retirement membership, transfers between retirement systems, and a one‑time election opportunity for certain long‑service teachers/school nurses.
- Note: the legislative file also contains an unrelated honorary resolution from another state recognizing “Kellan Fenegan.” That resolution is ceremonial and not substantively connected to the chapter 32 amendments.

Purpose and intent
- To preserve teacher retirement status and benefits for persons who move from classroom or school roles to employment at the Executive Office of Education (EOE) or the Department of Elementary and Secondary Education (DESE), to provide rules for reinstating teachers who previously transferred to the State Employees’ Retirement System (SERS), and to give a one‑time opportunity to certain long‑service teachers and school nurses to elect into an alternative superannuation retirement benefit program.

Key provisions
1. Definition / retention of teacher status
- Adds a sentence to the statutory definition of “Teacher” (G.L. c.32, §1): a person vested in the Teachers’ Retirement System (TRS) or Boston Retirement System who subsequently becomes employed by EOE or DESE shall retain teacher status and be considered as remaining in service as a teacher.

  1. Continued TRS/Boston membership for EOE/DESE hires

    • Amends G.L. c.32, §3(8)(a) to provide that a teacher who becomes employed at EOE or DESE shall remain in the Teachers’ Retirement System or the Boston system (rather than being forced into SERS).

  2. Reinstatement rules for members who joined SERS

    • Adds paragraphs (e) and (f) to G.L. c.32, §3(8):
      • (e) A member of SERS who is reinstated to TRS or Boston system under the new rule will not be treated as having an interruption of membership/service. That member must make “make‑up” payments into the TRS/Boston annuity savings fund equal to the difference between contributions made to SERS and those required by TRS/Boston on salary earned while in SERS; payment may be made in one sum or in board‑prescribed installments.
      • (f) Notwithstanding other law, a member reinstated to TRS/Boston under this provision shall, upon retirement, be entered into SERS as a Group 1 state employee. (This establishes a specific retirement classification upon retirement.)

  3. One‑time election to alternative superannuation program (for long‑service teachers/school nurses)

    • Targets active or inactive TRS/Boston members who:
      • (i) are teachers or school nurses;
      • (ii) became eligible for TRS before July 1, 2001;
      • (iii) began contributing before July 1, 2001; and
      • (iv) did not elect to participate in the alternative superannuation retirement benefit program before July 1, 2001 (or previously declined).
    • These members are given a new, one‑time opportunity to elect into the alternative program.
    • Election window: 180 days from the act’s effective date.
    • Contribution obligations: participating members will contribute at 11% (per G.L. c.32, §22) and may be required to make retroactive (make‑up) contributions at 11% from their original membership date under terms the retirement system prescribes.
    • Administrative duties: TRS and the Boston system must notify eligible members and provide information to school districts; they must provide sufficient information within 90 days of the act’s effective date.

Who is affected
- Primary: teachers and school nurses who are members (active or inactive) of the Massachusetts Teachers’ Retirement System or the Boston Retirement System — especially those who:
- moved into employment at EOE or DESE and previously became members of SERS; or
- became TRS members and began contributing before July 1, 2001 and did not previously elect the alternative superannuation option.
- Secondary: retirement system administrators (TRS and Boston), school districts (for dissemination of information), and the State Employees’ Retirement System (administrative interaction for contribution reconciliation and classification).

Procedural / timing details
- Election window for eligible members: 180 days from the bill’s effective date.
- Retirement systems must notify eligible members and districts and provide information within 90 days of the effective date.
- The bill passed the Massachusetts House on 7/30/2025 and was referred to the Senate Ways and Means Committee on 8/4/2025.

Potential impacts / considerations
- Preserves continuity of teacher retirement membership and service credit for personnel moving to EOE/DESE, which may improve recruitment/retention for those offices.
- Requires make‑up payments for members who had contributed to SERS, which could impose significant lump‑sum or installment obligations depending on length of SERS membership and salary history.
- The one‑time election could materially change retirement trajectories for eligible long‑service teachers/school nurses (higher contribution rate of 11% and potential retroactive payments), so timely and clear member notice is critical.
- The clause placing reinstated members into SERS Group 1 upon retirement raises technical questions about benefit calculations and coordination between systems; administrative guidance will be needed.

Note on extraneous material
- The file also includes a ceremonial resolution honoring “Kellan Fenegan” (an out‑of‑state university student). That text appears to be unrelated to the chapter 32 retirement amendments and is an honorary measure rather than substantive state law.

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

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