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HOUSE DOCKET, NO. 197 FILED ON: 1/10/2023
HOUSE . . . . . . . . . . . . . . . No. 2580
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
David Henry Argosky LeBoeuf and Michael O. Moore
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to pensions for children of public safety officers killed in the line of duty.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:David Henry Argosky LeBoeuf17th Worcester1/10/2023Michael O. MooreSecond Worcester1/10/2023Vanna Howard17th Middlesex1/31/2023John Barrett, III1st Berkshire2/10/2023Carol A. Doherty3rd Bristol2/20/2023James B. EldridgeMiddlesex and Worcester3/4/2023 1 of 5
HOUSE DOCKET, NO. 197 FILED ON: 1/10/2023
HOUSE . . . . . . . . . . . . . . . No. 2580
By Representative LeBoeuf of Worcester and Senator Moore, a joint petition (accompanied by
bill, House, No. 2580) of David Henry Argosky LeBoeuf, Michael O. Moore and others relative
to pensions for children of public safety officers killed in the line of duty. Public Service.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 2711 OF 2021-2022.]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act relative to pensions for children of public safety officers killed in the line of duty.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 Chapter 32 is hereby further amended by striking out section 100, as appearing in the
22018 Official Edition, and inserting in place thereof the following section:-
3 Pensions to surviving spouses and children of firefighters, police officers or corrections
4officers killed in performance of duties
5 Section 100. Notwithstanding any provision of this chapter or any other general or special
6law to the contrary, if a firefighter while in the performance of the firefighter’s duties and as the
7result of an accident while responding to or returning from an alarm of fire or any emergency, or
8as the result of an accident involving a fire department vehicle, which the firefighter is operating
9or in which the firefighter is riding, or while at the scene of a fire or any emergency is killed or 2 of 5
10sustains injuries which result in the firefighter’s death, or if a police officer while in the
11performance of the police officer’s duties and as the result of an assault on the person or as a
12result of an accident involving a police department vehicle which the officer is operating or in
13which the officer is riding in the performance of the police officer’s duties as a police officer is
14killed or sustains injuries which result in death, or if a corrections officer while in the
15performance of the corrections officer’s duties and as the result of an assault on the person is
16killed or sustains injuries which result in death, there shall be paid to the surviving spouse of
17such firefighter, police officer or corrections officer an annual amount of pension which shall be
18equal to the amount of salary which would have been paid to such firefighter, police officer or
19corrections officer had he continued in service in the position held by the firefighter, police
20officer or corrections officer at the time of death; provided, however, that the amount of pension
21immediately payable shall be equal to the maximum salary set for the position whether or not
22such firefighter, police officer or corrections officer had reached the maximum at the time of
23death. In the event of the death of any surviving spouse eligible to receive a pension under this
24section, and in case there is any child of such deceased firefighter, police officer or corrections
25officer, there shall be paid to the legal guardian for the benefit of each such child the sum of
26three hundred and twelve dollars per annum in addition to a payment equal to seventy-two per
27cent of the pension which said surviving spouse was receiving at the time of such surviving
28spouse's death, such payment to be made in proportionate shares to the legal guardian for the
29benefit of each such child until such time as all such children have attained age eighteen or have
30attained age 22 if full-time students, and such payment shall continue for the benefit of such
31children who are over age eighteen and physically or mentally incapacitated from earning. The
32words ''full-time student'' shall mean a child who is in full-time attendance in an accredited 3 of 5
33educational institution offering full-time courses of study equivalent to or higher than secondary
34school study. The words ''accredited educational institution'' shall mean any school, college or
35university that is licensed, approved or accredited, as the case may be, in the state in which it is
36located.
37 In the event there is no surviving spouse at the time of such firefighter’s, police officer, or
38corrections officer’s death, there shall be paid in proportionate shares to the legal guardian of any
39surviving children of such deceased firefighter, police officer, or corrections officer for the
40benefit of the child or children an annual amount of pension which shall be equal to the amount
41of salary which would have been paid to such firefighter, police officer or corrections officer had
42the person continued in service in the position held by the person at the time of death; provided,
43however, that the amount of pension immediately payable shall be equal to the maximum salary
44set for the position whether or not such firefighter, police officer or corrections officer had
45reached the maximum at the time of the police officer’s death. When any such children have
46attained age 18, payment to that child’s legal guardian shall cease and shall instead be paid to the
47surviving child.
48 The benefits provided by this section shall be in the alternative to the benefits provided
49by any other section of this chapter; provided, however, that if any such deceased firefighter,
50police officer or corrections officer was a member of a contributory retirement system
51established under the provisions of section twenty, any accumulated total deductions credited to
52the person’s account in the annuity savings fund of such system shall be paid in one sum in
53accordance with the provisions of subdivision (2) of section eleven, to the person’s surviving
54beneficiary or beneficiaries entitled thereto. 4 of 5
55 The benefits payable under this section to the surviving spouse or children of such
56deceased firefighter, police officer or corrections officer shall be paid as follows:— if the
57decedent was a member of the state employees' retirement system, the Massachusetts Port
58Authority employees' retirement system or any county, city or town contributory retirement
59system, as the case may be, established under the provisions of sections one to twenty-eight,
60inclusive, or under corresponding provisions of earlier laws, and subject thereto, or any
61contributory retirement system established for the employees of any governmental unit under the
62provisions of any special law, from the same appropriation, and in the same manner, as
63accidental death benefits payable under the provisions of section nine; if the decedent was not a
64member of a contributory retirement system, from the same appropriation, and in the same
65manner, as annuities to dependents payable under the provisions of section eighty-nine or section
66eighty-nine A.
67 If any firefighter, police officer or corrections officer is killed or sustains injuries
68resulting in death in the manner set forth in this section, and any firefighter, police officer or
69corrections officer was so killed or sustained such injuries while assisting another governmental
70unit, pursuant to the provisions of subdivision (4) of section seven, the benefits provided by this
71section shall be paid to the surviving spouse or children as provided in the preceding paragraph,
72but the governmental unit which requested such assistance shall annually, on or before January
73fifteenth, reimburse the governmental unit which had employed such deceased firefighter, police
74officer or corrections officer in the amount of any benefits paid to the surviving spouse or
75children during the preceding calendar year. 5 of 5
76 The presumptions created by sections ninety-four, ninety-four A and ninety-four B shall
77not be applicable to the death of any firefighter, police officer or corrections officer for which a
78pension is provided under this section.
79 This section shall be administered by the state board of retirement as to employees of the
80commonwealth or the metropolitan district commission; by the appropriate retirement board,
81established under section twenty, having jurisdiction in the governmental unit in which any such
82firefighter or police officer was employed at the time of death; or by the Massachusetts Bay
83Transportation Authority police retirement board; or if such firefighter, police officer, or
84corrections officer was employed by a town and was not a member of any contributory
85retirement system, by the board of selectmen of such town.
86 For purposes of this section, the word ''firefighter'' shall include members of the
87Massachusetts military reservation fire department.
88 For purposes of this section, the word ''firefighter'' shall include members of the 104th
89fighter wing fire department.
90 For purposes of this section, the word ''firefighter'' shall include members of the Devens
91fire department established pursuant to chapter 498 of the acts of 1993.