LegalFix

Section 130 - Establishment of Fund; Filing and Recording of Trust Instrument; Trustee; Dissolution of Fund

MA Gen L ch 164 § 130 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

Section 130. A municipal electric department is hereby authorized, upon a vote of its municipal light board, to participate in a fund and obligate itself, solely from its revenues and as an expense of such department, to pay actuarially-sound premiums or such other reasonable premiums as may be mutually agreed upon.

A group of two or more participants shall have the power to establish a fund under the provisions of sections one hundred and twenty-nine to one hundred and thirty-two, inclusive. Said fund shall be deemed established upon the execution of a trust instrument by the initial participants containing such reasonable provisions, not inconsistent with the provisions of said section one hundred and twenty-nine to one hundred and thirty-two, inclusive, as the parties may agree upon, and establishment of a fund balance.

Participants shall file the trust instrument establishing a fund with the commissioner within sixty days of the execution of such instrument. The commissioner shall record such trust instrument in a book to be kept for that purpose, which shall be kept in an accessible location in the office of the commissioner.

The coverage provisions of any insurance contract issued by a fund under its trust instrument shall not become effective to provide coverage until the fund is filed in accordance with the provisions of this section, although the fund may require and accept payment of premiums prior to such filing.

A fund shall appoint a trustee, who shall be either a manager of a municipal electric department or a member of a municipal light board. The trustee shall serve for the term provided in the trust instrument and may be removed as provided therein.

Participants desiring to dissolve a fund may petition the supreme judicial court for voluntary dissolution or may dissolve as otherwise provided for in the trust instrument. The court may authorize such dissolution and may, upon such authorization, distribute the petitioner's assets in a manner consistent with the fund's legal obligations.

The commissioner may petition the supreme judicial court for involuntary dissolution of any fund, if such fund has not filed for two consecutive years an annual statement in accordance with section one hundred and thirty-one, or if the commissioner is satisfied that the fund is inactive and its continued existence is not in the public interest. Upon authorizing such dissolution, the court shall distribute all fund assets in accordance with the fund's legal obligations.

LegalFix

Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.

LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.

The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.

You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.

The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.

Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.

We have updated our Terms of Service, Privacy Policy, and Disclosures. By continuing to browse this site, you agree to our Terms of Service, Privacy Policy, and Disclosures.
Section 130 - Establishment of Fund; Filing and Recording of Trust Instrument; Trustee; Dissolution of Fund