Section 46. Every bank doing business in the commonwealth, which for the purposes of this section shall include any bank, except an internet bank as defined in section one and any national bank, national banking association, federal savings bank, federal savings and loan association and federal credit union, shall honor and cash a check presented by a pensioner or retiree, whether or not such person has an account in such bank, if the following conditions are met: (a) the said pensioner or retiree is a resident of the commonwealth; (b) the said pensioner or retiree provides adequate information for identification purposes and is registered with such bank; (c) any such check has been issued to the pensioner or retiree presenting the same as a social security, supplemental security income, supplemental security income for aged, blind, and disabled or retirement benefit by the federal government or any agency thereof, or by the commonwealth or any agency or political subdivision thereof; and (d) any such check is for an amount not exceeding two thousand and five hundred dollars.
The commissioner, by regulation, shall establish a procedure to be employed by any bank, as defined in section one, whereby pensioners or retirees may be registered therewith for the purpose of having such checks cashed. The regulations shall require, but need not be limited to, the following: (1) every such bank shall provide for the registration in its main office and any branch thereof of any pensioner or retiree requesting the same by means of an application card containing the application date and the name, address, date of birth, social security number and handwritten signature of the applicant as well as any other information which the commissioner may deem necessary, or by any other method and under such conditions as the commissioner may approve; (2) every such bank shall have the authority to verify all information required to be submitted to effect such registration; (3) upon verification, which shall be completed within thirty days of the receipt of such application, the applicant pensioner or retiree shall be so registered and shall be forthwith provided by the bank with an identification card, in such form as the commissioner may approve, entitling him to such check cashing privileges; (4) the presentation of any such check for cashing shall be restricted to the office or branch of any such bank in which the registration of the said pensioner or retiree was effected; and (5) every such bank may assess a charge for processing the said application and issuing the said identification card in an amount equal to the actual cost incurred therefor as determined by the commissioner to be fair and equitable, and no other charge shall be assessed for such check cashing purposes.
Any bank which fails to cash any such check of a pensioner or retiree registered therewith in accordance with this section or which otherwise violates the provisions of this section or any regulations promulgated thereunder shall be punished by a fine of not more than five hundred dollars for each such violation.
Structure Massachusetts General Laws
Part I - Administration of the Government
Chapter 167 - Supervision of Banks
Section 1a - Rules and Regulations
Section 2 - Examination of Banks
Section 2b - Investigation of Unfair Practices
Section 2c - Proceedings Regarding Unfair Practices; Notice; Hearing
Section 2d - Unfair Practices; Findings; Cease and Desist Orders; Penalty; Modification of Order
Section 2e - Review of Cease and Desist Orders; Civil Liability
Section 2f - Violations of Cease and Desist Orders; Penalties
Section 2g - Penalties for Unfair Practices; Enforcement
Section 2i - Compliance With Federal Laws and Regulations
Section 2j - Confidentiality of Information Provided in Applications Filed With Commissioner
Section 4 - Summoning and Examination of Bank Officers
Section 5 - Request for Bank Examination
Section 7 - Statements and Reports Required by Commissioner or by Law
Section 8 - Failure to Make or Amend Return, Statement or Report
Section 9 - Destruction or Disposal of Records, etc.; Payment of Proceeds
Section 10 - Reports of Fraud, Embezzlement or Misconduct by Bank Officers or Employees
Section 11 - Shortages in Funds; Reports; Fine
Section 12 - Misconduct by Bank Officers; Suspension; Removal
Section 12a - Criminal Charges Against Bank Officers; Suspension or Removal From Office
Section 14a - Mortgage Review Boards; Members; Terms; Appointment; Meetings; Rules and Regulations
Section 15 - Annual List to Investment Committee of Banks Meeting Local Community Needs
Section 15a - Annual List of Legal Investments
Section 15f - Investment in Bonds of Company Engaged in the Business of Furnishing Telephone Service
Section 15h - Investment in Common Stock of Banking Corporations and Bank Holding Companies
Section 15k - Classes of Securities in Which Entity May Invest
Section 18 - Appraisal of Real Estate in Case of Excessive Loan
Section 19 - Losses of Bank Exceeding Surplus and Other Reserve Accounts
Section 21a - Assent to and Participation in Bank Reorganization by Government Officers
Section 22 - Taking Possession of Property and Business of Bank by Commissioner
Section 23 - Notice of Taking Possession of Bank by Commissioner
Section 25 - Prosecution and Defense of Suits and Other Legal Proceedings; Sales of Property
Section 26a - Assistance of Federal Agency as Liquidating Agent; Notice Requirements
Section 27 - Inventory of Bank Assets
Section 28 - Notice to Claimants; Claims Presented
Section 29 - List of Claims Presented
Section 30 - Fees and Expenses
Section 31 - Dividends; Objections to Claims
Section 31a - Dividend Payments to Minors; Disposition of Accounts of Decedents
Section 32 - Property Deposited With Bank; Disposition
Section 33 - Bank Aggrieved by Action of Commissioner; Application for Injunction
Section 34 - Stockholders' Meeting
Section 35 - Unclaimed Dividends and Funds
Section 35a - Destruction of Books, Records, Etc. Concerning Bank and Liquidation Thereof
Section 35b - Reports on Banks in Possession of Commissioner
Section 36 - Equity Jurisdiction of Supreme Judicial Court
Section 37 - Unauthorized Banking
Section 37a - Examination of Accounts, Books and Papers to Determine Violation of Sec. 37
Section 37b - Student Bank Programs
Section 40a - Registration With Commissioner; Reports
Section 41 - Access to Vaults, Books and Papers; Summoning Witnesses; Administering Oaths
Section 42 - Insolvent Foreign or Out-of-State Banks; Injunction
Section 46 - Honoring and Cashing of Pensioners' and Retirees' Checks
Section 48 - Financing of Premises Containing Lead in Paint, Plaster or Materials
Section 49 - Definitions Applicable to Secs. 49 to 51