2006 Massachusetts Code - Chapter 29 — Section 31A. Death, dismissal or retirement of state employees; accumulated vacation or sick-leave allowances; payments.

Section 31A. (a) Upon the death of a state employee who is eligible for vacation under the rules of the director of personnel and standardization, or judge, justice or any other employee of the courts of the commonwealth who is eligible for vacation, payment shall be made in an amount equal to the vacation allowance as earned in the vacation year prior to the employee’s death but which had not been granted, and, in addition, that portion of the vacation allowance earned in the vacation year during which the employee died, up to the time of his separation from the payroll; provided, that no monetary or other allowance has already been made therefor. The bureau of personnel and standardization may, upon request of the appointing officer of the deceased employee, authorize the payment of such compensation upon the establishment of a valid claim therefor, in the following order of precedence.

First: To the surviving beneficiary or beneficiaries, if any, lawfully designated by the employee under the state employees’ retirement system;

Second: If there be no such designated beneficiary, to the estate of the deceased.

The chief administrative justice of the trial court of the commonwealth may, upon request of the appointing officer of the deceased employee, authorize the payment of such compensation for the court system upon the establishment of a valid claim therefor, in the same order of precedence.

(b) Employees who are eligible for vacation under the rules of said personnel administrator and whose services are terminated by dismissal through no fault or delinquency of their own, or by retirement, shall be paid or at the option of the employee, entitled to a contribution to a qualified retirement plan established in the employee’s name under section 401(a) of the Internal Revenue Code and under chapter 32 an amount equal to the vacation allowance as earned in the vacation year prior to such dismissal or retirement which had not been granted, and, in addition, that portion of the vacation allowance earned in the vacation year during which such dismissal or retirement occurred, up to the time of separation; provided, that no monetary or other allowance has already been made therefor.

(c) Employees who are eligible for vacation under the rules of said administrator and whose services were terminated for reasons other than those defined in paragraphs (a) or (b) shall be paid or at the option of the employee, entitled to a contribution to a qualified retirement plan established in the employee’s name under section 401(a) of the Internal Revenue Code and under chapter 32 an amount equal to the vacation allowance credited but not granted to them as of the final date of the next preceding vacation year; provided, that no monetary or other allowance has already been made therefor.

(d) Managers and employees, except employees covered under the provisions of chapter one hundred and fifty E, currently in the employment of the commonwealth who retire and who have accrued unused sick-leave credits shall be paid or at the option of the employee, entitled to a contribution to a qualified retirement plan established in the employee’s name under section 401(a) of the Internal Revenue Code and under chapter 32 an amount equal to twenty per cent of the value of such credits computed by multiplying the number of days of sick-leave available times the daily rate of salary compensation received by the manager or employee at the time of his retirement; provided, however, that such payment for unused sick-leave shall not affect the amount of retirement allowance available to such manager or employee.