Critical Shortage Waiver — 2020 Update

Chapter 53 of the Acts of 2020 waived the M.G.L. c. 32, § 91 earnings and hours restrictions for superannuation public retirees working in the public sector. Chapter 53 was applicable in calendar year 2020 during the period of the Governor's State of Emergency, which began on March 10, 2020.

With the signing of the FY 2021 budget into law on December 11, 2020 as Chapter 227 of the Acts of 2020, the waiver on earnings and hours restrictions for superannuation public retirees working in the public sector has been extended to calendar year 2021, pursuant to Section 68 of this Act. As it had worked for 2020, the waiver is in place for the duration of the Governor's State of Emergency, or the end of Calendar Year 2021, whichever occurs first.

Chapter 53 of the Acts of 2020, as amended by Chapter 227, now reads as follows:

SECTION 14.

1. (a) Notwithstanding any general or special law to the contrary, subsections (b) and (c) of section 91 of chapter 32 of the General Laws shall not apply in calendar years 2020 and 2021 to the following [category] of persons for hours worked and earnings received during the governor's March 10, 2020 state of emergency:

   1. (i) any person who has been retired and who is receiving a pension or retirement allowance, pursuant to said chapter 32 or any other general or special law, from the commonwealth or a county, city, town, district or authority.
   
   

As an example, if the State of Emergency ends on June 30, 2021, the hours accrued, and earnings received during the first six months of Calendar Year 2021 would be excluded from the calculation of a retiree's earnings for Calendar Year 2021. In determining a retiree's earnings for Calendar Year 2021, the retiree and employer should apply the work restrictions to the remaining six months of the year.

For more information, please contact the Office of Educator Licensure's Waiver Specialist, Donavin Bentley, at 781-338-6624 or Donavin.Bentley@mass.gov .

Last Updated: December 24, 2020