Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H2567 Compare Versions

Only one version of the bill is available at this time.

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 1766 FILED ON: 1/18/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 2567
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Patrick Joseph Kearney
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to disability pensions for violent crimes.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Patrick Joseph Kearney4th Plymouth1/18/2023 1 of 7
16	16	HOUSE DOCKET, NO. 1766 FILED ON: 1/18/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 2567
18	18	By Representative Kearney of Scituate, a petition (accompanied by bill, House, No. 2567) of
19	19	Patrick Joseph Kearney relative to disability pensions for violent crimes committed against
20	20	certain public employees. Public Service.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE HOUSE, NO. 2697 OF 2021-2022.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Third General Court
26	26	(2023-2024)
27	27	_______________
28	28	An Act relative to disability pensions for violent crimes.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Section 1 of chapter 32 of the General Laws, as appearing in the 2020
32	32	2Official Addition, is hereby amended by inserting after the word “inclusive”, in line 599, the
33	33	3following definition:-
34	34	4 “Violent act injury”, a serious and permanent personal bodily injury sustained as a direct
35	35	5and proximate result of a violent attack upon a person by means of a dangerous weapon,
36	36	6including a firearm, knife, automobile, explosive device or other dangerous weapon, which for
37	37	7the purposes of this section shall be defined as “an item which is designed for the purpose of
38	38	8causing serious injury or death.” 2 of 7
39	39	9 SECTION 2. Said chapter 32 is hereby further amended by striking out subsection (1) of
40	40	10section 7 and inserting in place thereof the following subsection:-
41	41	11 Section 7. (1) Conditions of Allowance. Any member in service classified in Group 1,
42	42	12Group 2 or Group 4, or any member in service classified in Group 3 to whom the provisions of
43	43	13subdivision (2) of section twenty-six are not applicable, who is unable to perform the essential
44	44	14duties of the member’s job and that such inability is likely to be permanent before attaining the
45	45	15maximum age for the member’s group by reason of a personal injury or violent act injury
46	46	16sustained or a hazard undergone as a result of, and while in the performance of the member’s
47	47	17duties at some definite place and at some definite time on or after the date of becoming a
48	48	18member or prior to such date while any provision of this chapter relating to noncontributory
49	49	19pensions was applicable to the member, without serious and willful misconduct on the member’s
50	50	20part, upon the member’s written application on a prescribed form filed with the board and the
51	51	21member’s respective employer or upon such an application by the head of the member’s
52	52	22department after a hearing, if requested, as provided for in subdivision (1) of section sixteen and
53	53	23subject to the conditions set forth in said section and in this section, shall be deemed retired for
54	54	24an accidental disability as of a date which shall be specified in such application and which shall
55	55	25be not less than fifteen days nor more than four months after the filing of such application but in
56	56	26no event later than the maximum age for the member’s group. Except as provided for in
57	57	27subdivision (3) of this section, no such retirement shall be allowed unless such injury or violent
58	58	28act injury was sustained or such hazard was undergone within two years prior to the filing of
59	59	29such application or, if occurring earlier, unless written notice thereof was filed with the board by
60	60	30such member or on the member's behalf within ninety days after its occurrence. No retirement
61	61	31under clauses (i) to (iii), inclusive, shall be allowed unless the board, after a review of the 3 of 7
62	62	32evidence it deems appropriate, and after a review by the commission, pursuant to the provisions
63	63	33of section twenty-one, and including in any event on examination by the regional medical panel
64	64	34provided for in subdivision (3) of section six and including a certification of such incapacity by a
65	65	35majority of the physicians on such medical panel, shall find that such member is physically
66	66	36unable to perform the essential duties of the member's job and that such inability is likely to be
67	67	37permanent, and that the member should be so retired. No retirement under clause (iv) shall be
68	68	38allowed unless the board, after a review of the evidence it deems appropriate, and after a review
69	69	39by the commission, pursuant to the provisions of section twenty-one, and including in any event
70	70	40on examination by the regional medical panel provided for in subdivision (3) of section six and
71	71	41including a certification of such incapacity by a majority of the physicians on such medical
72	72	42panel, shall find that such member is physically unable to perform the essential duties of the
73	73	43member's job because of a violent act injury and that such inability is likely to be permanent, and
74	74	44that the member should be so retired. Any member who was injured while a member of a
75	75	45retirement system established in any governmental unit other than that by which the member is
76	76	46presently employed, and who has complied with the provisions of this section as to notice, or
77	77	47whose case falls under paragraph (3), shall file such application with the retirement board of the
78	78	48unit where he is presently employed. Such board shall secure a statement of facts and records,
79	79	49which it shall be the duty of the retirement board of the first governmental unit to furnish, and on
80	80	50which it shall be entitled to make recommendations.
81	81	51 Prior to the determination of a retirement under this section, a member shall submit to the
82	82	52retirement board a written statement authorizing release of information from the federal internal
83	83	53revenue service and the department of revenue relative to the annual gross earned income of the
84	84	54member in pursuant to an agreement between the federal internal revenue service, the department 4 of 7
85	85	55of revenue, and the public employee retirement administration commission in accordance with
86	86	56section ninety-one A.
87	87	57 SECTION 3. Paragraph (a) of subsection (2) of said section 7 of said chapter 32 is hereby
88	88	58amended by inserting after clause (iii) the following clauses:-
89	89	59 (iv) A yearly amount of pension for any firefighter, any call, volunteer, auxiliary,
90	90	60intermittent or reserve firefighter, any call, volunteer, auxiliary, intermittent or reserve
91	91	61emergency medical services provider who is a member of a police or fire department and who is
92	92	62not subject to chapter 152, any police officer, any auxiliary, intermittent, special, part-time or
93	93	63reserve police officer, any municipal or public emergency medical technician or licensed health
94	94	64care professional who is unable to perform the essential duties of the member’s job by reason of
95	95	65a violent act injury, paid monthly, equal to 100 per cent of their regular compensation, including
96	96	66all applicable benefits and stipends, that the member was earning on the date of such violent act
97	97	67injury, as defined in section 1 of this chapter. The annual amount of pension payable to such
98	98	68member shall be equal to the regular rate of compensation which the member would have been
99	99	69paid had the member continued in service at the grade held by the member at the time of their
100	100	70retirement until their death or reaching mandatory retirement age, whichever comes first;
101	101	71provided that, if the member reaches the mandatory retirement age, the member shall be entitled
102	102	72thereafter to 80 per cent of the average annual rate of compensation paid to the member in the
103	103	73previous 12 months, including any cost of living increases, as defined in sections 102 and 103 of
104	104	74this chapter. Upon retirement, the member shall receive a lump sum payment from the applicable
105	105	75retirement board equal to the member’s total accumulated retirement deductions. In the event
106	106	76that the member shall predecease their spouse and the member’s death is the result of the same
107	107	77violent act injury, the member’s spouse shall be entitled to 75 per cent of the member’s annual 5 of 7
108	108	78pension, paid monthly, as long as such spouse shall live; provided that, when the member would
109	109	79have reached the mandatory retirement age, the member’s spouse shall continue to be entitled to
110	110	8075 per cent of the member’s annual pension, including any cost of living increases, as defined in
111	111	81sections 102 and 103 of this chapter, that the member would have received upon reaching the
112	112	82mandatory retirement age; provided, however, that if a beneficiary is eligible for benefits under
113	113	83this section and under option (c) of section 12, the beneficiary shall elect to receive either a
114	114	84benefit under option (c) or a benefit pursuant to this section but shall not be eligible for both
115	115	85benefits. In the event that the member and the member’s spouse predecease their children, the
116	116	86member’s surviving unmarried children, if any, who are under age 18 or, if over that age and
117	117	87under age 22, are full-time students at an accredited educational institution, or who are over age
118	118	8818 and physically or mentally incapacitated from earning income on the date of such member’s
119	119	89retirement, shall be entitled to receive a pension of equal proportion, paid monthly, which shall
120	120	90total 75 per cent of the amount of the pension payable to the member at the time of their death.
121	121	91 The words “full-time student” and “accredited educational institutions” shall have the
122	122	92same meaning that they have under clause (iii). When a child no longer meets the qualifications
123	123	93for receipt of a pension allocation under this section, said child’s pension allocation shall cease
124	124	94and any remaining qualified children shall continue to receive the same amount each received
125	125	95before any child’s allocation ceased. Any member eligible to receive a pension under clause (iv)
126	126	96shall be indemnified for all hospital, medical and other healthcare expenses, not otherwise
127	127	97covered by health insurance, related to treatment of injuries that have been or may be incurred
128	128	98after the date of the member’s retirement as a result of the injuries sustained by the member
129	129	99relating to the violent act injury while in the performance of the member’s duties. 6 of 7
130	130	100 Nothing in this section or any other section of the general laws or regulations shall limit
131	131	101the member’s aforementioned retirement benefit or restrict the member from seeking
132	132	102accommodating employment by any entity or agency which is not classified under Groups 1-4,
133	133	103 inclusive, of the retirement system.
134	134	104 Nothing in this section shall prohibit a member under clause (iv), or such member’s
135	135	105eligible
136	136	106 spouse or children, from receiving additional retirement benefits not required by this
137	137	107section.
138	138	108 (v) Critical Incident Stress Management
139	139	109 Any firefighter, any call, volunteer, auxiliary, intermittent or reserve firefighter, any call,
140	140	110 volunteer, auxiliary, intermittent or reserve emergency medical services provider who is a
141	141	111 member of a police or fire department and who is not subject to chapter 152, any police
142	142	112officer,
143	143	113 any auxiliary, intermittent, special, part-time or reserve police officer, any municipal or
144	144	114public
145	145	115 emergency medical technician shall participate in critical incident stress management
146	146	116debriefing
147	147	117 following any incident involving exposure to actual or threatened death, serious injury, or
148	148	118sexual 7 of 7
149	149	119 violence as defined in the most recent version of the Diagnostic and Statistical Manual of
150	150	120Mental
151	151	121 Disorders, or any other incident reasonably warranting a critical incident stress
152	152	122management
153	153	123 debriefing, as determined by an emergency service provider certified by the
154	154	124Massachusetts Peer
155	155	125 Support Network or International Critical Incident Stress Foundation, Inc.
156	156	126 At the discretion of the emergency service provider, or at the request of any member, the
157	157	127 member will seek a behavioral health consultation on his or her own time.
158	158	128 Anything discussed during the behavioral health consultation shall be kept in
159	159	129confidentiality in the following manner:
160	160	130 a. All conversations, records, recordings, or other documents resulting from the
161	161	131behavioral
162	162	132 health consultation will be subject to physician-patient privilege and will not be provided
163	163	133to the employer except at the request of the member;
164	164	134 b. The employer may contact the behavioral health professional to confirm the date and
165	165	135attendance of the member and credentials of the professional.