Massachusetts General Laws
Chapter 32 - Retirement Systems and Pensions
Section 65h - Early Retirement Allowance for Judges

Section 65H. A chief justice, administrative justice, justice, associate justice, judge, associate judge, or special justice, hereafter in this section and in section sixty-five I called judge, who has paid the full amount of the contributions required, if any, by paragraph (b) of section sixty-five D, shall receive a retirement allowance, at the option of the judge and in lieu of any pension or retirement allowance to which he may be entitled, if any, under section sixty-five A, sixty-five B, or sixty-five D, to become effective on the date of his retirement. Payments under such retirement allowance shall be made as provided in sections twelve and thirteen. The yearly amount of such retirement allowance to a judge provided for under this section shall, subject to the limitations set forth in this section, be based on the salary of the judge at the time of his retirement, multiplied by the number of continuous years of service as a judge, and further multiplied by the percent allowable based on the age at the date of retirement as shown in the following table:


The amount of the retirement allowance provided for in this section shall not exceed seventy-five percent of the salary of the judge at the time of his retirement. No such retirement allowance shall be paid unless the judge shall have served continuously as a judge for at least ten years. For the purpose of this section, a year of service as a special justice shall be computed by dividing the number of days of actual sittings in such capacity by two hundred and sixty, whether or not such sittings occurred in one calendar or fiscal year. A judge shall be deemed to have served continuously even though a period not in excess of thirty days shall have intervened between the holding of one judicial office and the holding of another judicial office.

Structure Massachusetts General Laws

Massachusetts General Laws

Part I - Administration of the Government

Title IV - Civil Service, Retirements and Pensions

Chapter 32 - Retirement Systems and Pensions

Section 1 - Definitions

Section 2 - Description of Systems

Section 3 - Membership

Section 3a - Ineligible Employees; Deferred Compensation Program

Section 4 - Creditable Service

Section 5 - Superannuation Retirement

Section 5a - Wellness Program

Section 5b - Early Intervention Plans; Rehabilitation Plans

Section 6 - Ordinary Disability Retirement

Section 7 - Accidental Disability Retirement

Section 8 - Evaluation and Reexamination of Members Retired for Disability

Section 9 - Accidental Death Benefit

Section 10 - Resignation, Failure of Reappointment, Removal or Discharge

Section 11 - Return of Accumulated Total Deductions and Amounts Due Beneficiaries of Deceased Members

Section 12 - Options on Retirement

Section 12a - Payment of Allowances to Certain Beneficiaries Pending Determination of Accidental Death Benefits

Section 12b - Spouse and Children; Survivor Benefits

Section 12c - Widow and Children Survivor Benefits; Manner of Payment; Contributions

Section 12d - Payment of Benefits in Accordance With Requirements of Internal Revenue Code

Section 13 - Payment of Allowances

Section 14 - Effect of Workers' Compensation Benefits

Section 14a - Third Party Recovery

Section 15 - Dereliction of Duty by Members

Section 16 - Involuntary Retirement; Right to a Hearing; Right of Review or Appeal

Section 17 - Action on Behalf of Incompetent Members

Section 18 - Filing of Statements and Reports; Protection Against Fraud

Section 19 - Exemption From Taxation, Attachments and Assignments; Exception

Section 19a - Assignment of Retirement Allowances for Payment of Certain Subscriber Premiums, Income Taxes or Support Orders; Deduction for Payment of Premiums for Coverage Under Chapter 32b

Section 19b - Withholding for Payment of Insurance Premiums; Certification of Eligible Members; Death; Payment of Benefits

Section 19c - Annuity, Retirement Allowance, Etc. Subject to Child Support Obligations; Payments to Iv–d Agency

Section 20 - Administration by Boards

Section 20a - Civil Action Against Board Member; Expenses and Damages; Indemnification

Section 20b - Indemnification

Section 20c - Retirement Board Member Statement of Financial Interest

Section 21 - Supervision by Public Employee Retirement Administration Commission

Section 21a - Debarment or Suspension of Contractors or Vendors

Section 22 - Methods of Financing

Section 22b - Reduction of Unfunded Pension Liability

Section 22c - Commonwealth's Pension Liability Fund; Funding Schedules; Appropriations

Section 22d - Retirement System Funding Schedule; Establishment; Annual Pension Funding Grants

Section 22e - Review, Evaluation and Financial Impact of Statutory Adjustments to the Commonwealth Pension Liability

Section 22f - Revised Retirement System Funding Schedule

Section 23 - Management of Funds

Section 23b - Requirements Applicable to Retirement Board Contracts for the Procurement of Investment, Actuarial, Legal and Accounting Services

Section 24 - Violations of Contributory Retirement Laws

Section 25 - Guarantees; Effects of Amendments or Repeal; Mandamus

Section 26 - Retirement of Officers in Department of State Police

Section 27 - Disposition of Funds as of January 1, 1946

Section 28 - Acceptance of Act

Section 28a - Retirement of Certain Officers in Department of State Police

Section 28i - State Employees Serving on Interstate Commission; Continuance as Members of Retirement System

Section 28k - Commonwealth Employees; Leave of Absence as Representative of Employee Organization; Creditable Service

Section 28m - Department of Correction Employees; Retirement

Section 28n - Correction or Jail Officers Employed by County Sheriffs' Offices; Retirement

Section 39 - Association for Providing Pensions

Section 40 - By-Laws and Statements

Section 41 - Exemption From Taxation; Exception

Section 42 - Pension Fund for the Retirement of Teachers

Section 43 - Retirement of Teacher if Incapacitated

Section 44 - Retirement of School Janitors if Incapacitated

Section 44a - Retirement of Janitors Not in Contributory Retirement System; Authorization; Amount of Pension

Section 44b - School Janitors; Options; Widows; Approval

Section 44c - Dental Assistants, Retirement by Cities or Towns

Section 45 - Applicability of Sec. 44 to City of Boston; Acceptance by Other Cities and Towns

Section 45a - Amount of Pension Payable to Person Retired Under Sec. 44

Section 45b - School Janitors and School Custodians in Certain Cities and Towns

Section 45c - Amount of Pension Payable to Person With More Than 20 Years of Service Retired Under Sec. 44

Section 46 - Officers and Employees of Correctional Institutions; Prerequisites to Retirement

Section 47 - Computation of Time of Service

Section 48 - Amount of Pension

Section 52 - Veterans of Indian Wars in Municipal Service

Section 53 - Veterans of Indian Wars Employed Jointly by Two Municipalities

Section 54 - Acceptance of Two Preceding Sections

Section 55 - Acceptance of Secs. 52 and 53 Subject to Mayor's Veto

Section 56 - Retirement of Veteran if Incapacitated

Section 57 - Retirement of Veteran After Ten Years' Service

Section 57a - Certain Provisions of Secs. 6, 8 and 16 Applicable to Certain Veterans

Section 57b - Retirement of Police or Fire Department Members Under Secs. 56 to 60; Creditable Service; Effective Date of Section

Section 58 - Retirement of Veteran After Thirty Years' Service

Section 58a - Wartime Service in Armed Forces as Creditable Service

Section 58b - Election of Option for Benefit of Surviving Spouse or Other Beneficiary of Veteran

Section 58c - Retirement Allowances of Policemen and Firemen Retiring Under Sec. 58

Section 58d - Retirement Allowances of Employees Retiring Under Sec. 58 Other Than Policemen and Firemen

Section 59 - ''retiring Authority'' Defined

Section 59a - Part of Service in Governmental Unit Other Than Retiring Unit; Reimbursement

Section 60 - Acceptance of Secs. 56 to 59; Minimum Period of Creditable Service

Section 65a - Retirement or Resignation of Justices or Judges

Section 65b - Pensions for Special Justices of District Courts

Section 65c - Surviving Spouses of Judges

Section 65d - Retirement or Resignation of Judges Appointed on or After Jan. 2, 1975

Section 65d1/2 - Election of Appointed Justice to Membership in Service of a Retirement System

Section 65e - Retired Justices of Supreme Judicial Court; Benefits; Temporary Service

Section 65f - Retired Justices of Appeals Court; Benefits; Temporary Service

Section 65g - Justices of Trial Court; Benefits; Temporary Service

Section 65h - Early Retirement Allowance for Judges

Section 65i - Disability Retirement for Judges

Section 65j - Retiring Judges; Payments for Unused Vacation Allowance and Sick Leave Credit

Section 66 - Pensions for Court Officers

Section 67 - Payment of Pensions Granted Under Sec. 66 and Expenses

Section 71 - Annuities to Dependents of Member of Metropolitan Police Department Killed While in Performance of Duties

Section 72 - Appropriations for Pensions

Section 74 - Scrubwomen in State House

Section 75 - Pensions for Probation Officers

Section 76 - Amount of Pension; Counties Liable; Apportionment

Section 76a - Amount of Pension; Counties Liable; Apportionment

Section 77 - Pensions for Laborers; Qualifications; Acceptance of Provisions by Cities or Towns

Section 77a - Superannuation Retirement; Options for Payment of Pension

Section 77b - Amount of Pensions; Effective Date

Section 77c - Persons Promoted to Supervisory Positions

Section 77d - Retirement of Laborers Not in Contributory Retirement System; Authorization; Amount of Pension

Section 78 - Laborers in Fire, Water and Sewerage Districts or Employed by Joint Water Boards

Section 78a - Laborers Subject to Provisions; Continuity of Service

Section 79 - Existing Pensions

Section 80 - Pensions for Firemen in Cities; Applicability of Law

Section 81 - Amount of Pension

Section 81a - Alternative Provisions for Retirement of Firemen

Section 81b - Amount of Pensions Under Sec. 81a

Section 82 - Pensions for Call Members

Section 83 - Pensions for Police in Cities

Section 83a - Alternative Provisions for Retirement of Police in Cities

Section 84 - Retirement of Injured Police Officers in Cities and Towns Having No Pension Systems

Section 85 - Pensions for Policemen and Firemen in Towns

Section 85a - Retirement of Members of Fire and Police Department in Certain Towns

Section 85b - Retirement of Park Board Police of Cities and Towns

Section 85c - Policemen and Firemen Excepted From Law

Section 85d - Retirement of Call Members in Certain Towns

Section 85e - Alternative Retirement Provisions for Policemen and Firemen in Towns

Section 85f - Examination by Medical Panel Prerequisite to Disability Retirement

Section 85g - Service Credit on Retirement of Former Reserve Officers

Section 85h - Disability Retirement of Call or Volunteer Fire Fighters and Reserve Police Officers

Section 85h1/2 - Disability Retirement Compensation in Cities, Towns or Fire Districts With No Permanent Police or Fire Department Members

Section 85i - Creditable Service in Retirement of Certain Members

Section 85j - Pensions for Policemen and Fire Fighters or Their Widows; Optional Provisions

Section 88 - Pensions for Dependents of Persons Killed While Aiding Police Officers or Firefighters

Section 89 - Annuities to Dependents of Policemen, Firemen, etc., Killed in Performance of Duty

Section 89a - Annuities to Dependents of Public Employees Killed or Dying From Injuries in Performance of Duties

Section 89b - Annuities to Dependents of Police Officers or Fire Fighters Killed in Performance of Duty

Section 89c - Annuities to Widows of Employees of Cities and Towns Killed in Line of Duty

Section 89d - Annuities to Widows of Employees of Cities and Towns Killed in Line of Duty

Section 89e - Accidental Death Benefits for Volunteer Emergency Service Providers

Section 90 - Aged Police Officers Not Subject to Certain Laws

Section 90a - Increasing Allowance of Former Employees Retired for Accidental Disability

Section 90b - Waiver of Pension or Retirement Allowance

Section 90c - Increasing Allowance of Former Employees Retired on Superannuation

Section 90c1/2 - Increasing Allowance of Former Employees Retired With at Least Twenty-Five Years of Creditable Service

Section 90c3/4 - Increasing Allowance of Former State Police Officers Retired After at Least Twenty Years of Service

Section 90d - Increasing Allowance of Former Employees Retired on Ordinary Disability

Section 90d1/2 - Increasing Allowance of Member Retired on Superannuation, Accidental Disability or Ordinary Disability With at Least 25 Years of Creditable Service

Section 90e - Increasing Allowance of Former Employees Whose Classification Has Been Abolished

Section 90j - Employees Age Seventy or Over; Payment of Annual Physical and Mental Examination Costs; Retirement System Board and Local Legislative Body Approval

Section 91 - Payment of Pensioners for Services After Retirement

Section 91a - Adjusted Pension or Retirement Allowances

Section 91b - Enforcement of Sec. 91a; Wage Reporting System and Computer Match File

Section 91c - Access to Criminal Record Offender Information; Comparison With Retirement Allowances List

Section 92 - Pension, Annuity or Retirement Allowance; Pledge, Conveyance or Assignment; Support of Pensioners Becoming Public Charge

Section 92a - Support of Dependents; Pensioners Residing Outside United States

Section 93 - Certain Pensions Not Affected

Section 94 - Impairment of Health Caused by Hypertension or Heart Disease, Resulting in Disability or Death of Paid Fire or Police Department Member; Presumption

Section 94a - Disability or Death Caused by Disease of Lungs or Respiratory Tract; Paid Fire Department Member; Presumption

Section 94b - Disability or Death Caused by Certain Conditions of Cancer; Paid Fire Member; Presumption

Section 95 - Granting Annuities to Certain Officials or Employees Not Entitled to Retirement Allowance or Pension

Section 95a - Annuities to Widows and Children of Retired Employees

Section 95b - Annuities to Widows and Children of Retired Employees

Section 96 - Increase in Retirement Allowance, Pension or Annuity; Amount

Section 97 - Increase in Retirement Allowance, Pension or Annuity; Approval

Section 98 - Advance Payments, Period of Processing Application

Section 99 - Advance Payments

Section 100 - Pensions to Surviving Spouses of Firefighters, Police Officers or Corrections Officers Killed in Performance of Duties

Section 100a - Killed-in-Line-of-Duty Benefits

Section 101 - Allowance to Widows of Disabled Public Employees; Supplemental Annual Allowance

Section 102 - Cost-of-Living; Annual Determination of Changes; Supplemental Payments; Adjustments in Amounts of Pensions and Annuities

Section 103 - Systems Other Than State Employees' Retirement System and Teachers' Retirement System; Cost-of Living; Funding Schedule; Annual Determination of Changes; Supplemental Payments

Section 104 - Section 401(a)(17) Excess Fund; Section 415 Excess Benefit Fund

Section 105 - Reinstatement