Section 30. The participating members of the Savings Banks Employees Retirement Association, established by section 27, shall constitute the Savings Banks Employees Benefit Association, in this section and in sections 31 and 32 hereinafter referred to as the benefit association, for the purpose of providing retirement benefits through retirement plans which are not qualified plans under section 401 of the Internal Revenue Code of the United States and for establishing employee welfare benefit plans, in this section hereinafter referred to as plans, for eligible employees of participating organizations. The benefit association, in its name and by or through its authorized officers, may: (a) establish plans and related trusts for eligible members participating therein; (b) make agreements, establish trusts and make or cause to be made investments subject to such limitations as may from time to time be prescribed by law or by the by-laws of the benefit association; (c) sue and be sued, plead and be impleaded; (d) enforce liens and other obligations and foreclose mortgages held by the benefit association on or with respect to real or personal property situated in the commonwealth or in any state or territory of the United States; (e) adopt an official seal and alter the same at pleasure; and (f) do such other acts that may be necessary to carry out the powers conferred upon it by law and its by-laws.
For the purposes of this section and sections 31 and 32, ''bank'' and ''banks'' shall, unless the context clearly requires otherwise, mean and include any or all member organizations and ''trustees'' of a bank shall, unless the context clearly requires otherwise, mean and include the governing body of each of such organizations.
Eligible employees may contribute a portion of their salaries or wages to or under plans established by the benefit association, to be deducted by the employing banks and paid to the benefit association. A participating bank may contribute to or under plans of the benefit association to the extent determined by its trustees. Contributions and benefits under the plans of the benefit association shall not exceed the limits, if any, imposed on such plans by the Internal Revenue Code of 1954, as amended, and the Employee Retirement Income Security Act of 1974, as amended, in this section hereinafter referred to as the code and ERISA, respectively.
All plans maintained by the benefit association shall conform to the code and funds held under the plans of the benefit association shall be invested in such manner as the benefit association shall determine, consistent with the by-laws. Funds held under plans of the benefit association shall be held by or used by the benefit association for the exclusive purpose of providing plan benefits to eligible members and, as determined by the benefit association, may be used to defray reasonable expenses of administering the plans and investing the assets of the plans. To the extent that expenses necessary for the administration of the benefit association or the plans of the benefit association are not paid from the plans, they shall be paid by participating banks on a proportionate basis, as provided in the by-laws.
A participating bank, by vote of its trustees, may adopt 1 or more of the plans of the benefit association for the benefit of its employees and their beneficiaries. Nothing in this section shall be construed so as to prevent any such bank from establishing its own employee welfare benefit plans or non-qualified retirement plan.
Structure Massachusetts General Laws
Part I - Administration of the Government
Section 3 - Application of This Chapter and Chapters 167c to 167g, 167i and 167j
Section 6 - Notice of Intention to Form Saving Bank; Application for Certificate
Section 7 - First Meeting of Incorporators
Section 8 - Articles of Organization; Certificate of Incorporation
Section 10 - Applicability of Sections to Mutual Banks and to Stock
Section 12 - Corporators of Mutual Bank
Section 13 - Annual and Special Meetings of Corporators of Mutual Bank
Section 14 - Board of Trustees of Mutual Bank
Section 15 - Regular and Special Meetings of Board of Trustees of Mutual Bank
Section 16 - Board of Investment of Mutual Bank
Section 17 - Officers of Mutual Bank
Section 18 - Election of Officers, Members of Board of Trustees and Members of Board of Investment
Section 20 - Auditing Committee; Other Committees
Section 21a - Action Without Meeting
Section 23 - Stockholder Voting; Votes by Proxy
Section 24 - Board of Directors of Stock Bank; Executive Committee
Section 25 - Election of Officers
Section 26 - Meetings of Board of Directors
Section 27 - Savings Banks Employees Retirement Association
Section 28 - By-Laws of Savings Banks Employees Retirement Association
Section 30 - Savings Banks Employees Benefit Association
Section 31 - By-Laws of Savings Banks Employees Benefit Association