Massachusetts General Laws

Mass. Gen. Laws ch. 30, § 9A (2026)

Veterans holding unclassified positions; separation from state service

✓ current as of July 2026

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Section 9A. A veteran, as defined in section one of chapter thirty-one, who holds an office or position in the service of the commonwealth not classified under said chapter thirty-one, other than an elective office, an appointive office for a fixed term or an office or position under section seven of this chapter, and has held such office or position for not less than three years, shall not be involuntarily separated from such office or position except subject to and in accordance with the provisions of sections forty-one to forty-five, inclusive, of said chapter thirty-one to the same extent as if said office or position were classified under said chapter. If the separation in the case of such unclassified offices or positions results from lack of work or lack of money, such a veteran shall not be separated from his office or position while similar offices or positions in the same group or grade, as defined in section forty-five of this chapter, exist unless all such offices or positions are held by such veterans, in which case such separation shall occur in the inverse order of their respective original appointments.

Notes of Decisions

Cited in 21 cases, 1961–2018 · leading case: Dwyer v. Comm'r of Ins., 376 N.E.2d 826 (Mass. 1978).

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Dwyer v. Comm'r of Ins., 376 N.E.2d 826 (Mass. 1978). · cites it 3× “While stating that he did not consider the employees entitled to hearings regarding their dismissal, the Commissioner offered them the opportunity for hearings as under the civil service and veterans’ tenure laws (G. L. c. 30, § 9A; c. 31, §§ 43, 45, 46A).”

Greaney v. Colonel, Dep't of State Police, 756 N.E.2d 44 (Mass. App. Ct. 2001). · cites it 4× “In these two cases the plaintiffs, relying on G. L. c. 30, § 9A, the Veterans’ Tenure Act (VTA), challenge orders demoting them from major in the State police department (department) to captain.”

Spencer v. Civil Serv. Comm'n, 93 N.E.3d 840 (Mass. 2018). “31] or from a position in which at the time of promotion he shall have tenure by reason of [G. L. c. 30, § 9A ], upon termination of his service in the position to which he was so promoted, the manager or employee shall, if he so requests, be restored to the position from which…”

McKenna v. Comm'r of Mental Health, 199 N.E.2d 686 (Mass. 1964). · cites it 2× “31, §§ 43, 45, and 46A, or a hearing before the appointing authority, the judge ruled the discharge to have been in violation of G. L. c. 30, § 9A. 1 The petitioner was reinstated as of July 27, 1963.”

Comm'r of the Metro. Dist. Comm'n v. Civil Serv. Comm'n, 521 N.E.2d 401 (Mass. App. Ct. 1988). · cites it 3× “Vafides, a disabled veteran entitled to preference under G. L. c. 30, § 9A, was one of several tunnel inspectors 2 who were laid off by the MDC for lack of funds on September 17, 1981.”

Power v. Sec'y of Dept of Cmty. Affairs, 388 N.E.2d 304 (Mass. App. Ct. 1979). · cites it 2× “But even if, by virtue of G.L.c. 30, § 9A, Power is under the protective mantle of the civil service laws contained in G.”

Bessette v. Comm'r of Pub. Works, 204 N.E.2d 909 (Mass. 1965). “31 or tenure by reason of G. L. c. 30, § 9A, without impairment of civil service status, seniority, retirement, or other rights.”

Comm'r of Admin. v. Kelley, 215 N.E.2d 653 (Mass. 1966). “31, and he had no tenure in such office by reason of G. L. c. 30, § 9A. On April 23, 1963, the plaintiff appointed a person other than the defendant to the office of Director of Personnel *504 and Standardization and submitted the appointment to the Governor for approval by the…”

Cieri v. Comm'r of Ins., 178 N.E.2d 77 (Mass. 1961). “94, 1 one year after the enactment of G. L. c. 30, § 9A. We tMnk it is higMy improbable that the Legislature intended that a veterandesignee who has served three years as a representative of a Commissioner (whose statutory term is three years, G.”

Barkin v. Milk Control Comm'n, 395 N.E.2d 890 (Mass. App. Ct. 1979). “The parties agreed that, for the purposes of G. L. c. 30, § 9A, 4 Barkin was a veteran who held an office which was not classified under G.”

Letteney v. Comm'r of Com. & Dev., 260 N.E.2d 670 (Mass. 1970). · cites it 2× “Chapter 636, § 16, provided for the transfer of employees with tenure under G. L. c. 30, § 9A. 4 Letteney, who did not have such tenure when he was suspended, has been paid by the Commonwealth for the period July 12, *12 1963, through.”

Comm'r of Admin. v. Kelley, 223 N.E.2d 670 (Mass. 1967). “Veterans’ tenure (G. L. c. 30, § 9A) applies to a veteran as defined in c.”

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