Massachusetts House Bill H4164

Massachusetts 2023-2024 Regular Session

• Introduced: 10/23/23
• Refer: 10/23/23
• Refer: 10/30/23
• Refer: 1/29/24

Caption

Exempting Thomas Romeo from the 75% pension and annuity limitation for police officers hired after January 1, 1988 set forth in Chapter 32, Section 7(2)(a)(ii) of the General Laws

Impact

If enacted, the bill will retroactively amend Romeo's pension calculations to reflect a membership date of January 10, 1985, rather than the date that resulted in the limitation. This change will allow him to receive an annual pension that exceeds the normal cap for officers who joined after the specified date. The bill emphasizes the consequences of inaccurate data reported to public employees, potentially setting a precedent for future cases where similar discrepancies may exist. Providing this exemption aims to rectify what the sponsors see as a critical issue in the application of pension laws in Massachusetts.

Summary

House Bill 4164 proposes an amendment to the Massachusetts General Laws to exempt Thomas Romeo, a retired police officer from North Reading, from the 75% pension and annuity limitation that applies to police officers hired after January 1, 1988. It recognizes Romeo's status as being totally and permanently incapacitated from performing the essential duties of a police officer, a determination made by the Middlesex County Retirement Board and approved by the Public Employee Retirement Administration Commission. The bill aims to correct alleged inaccuracies in the retirement calculations Romeo received, which were based on an incorrect membership date provided to him by the retirement board.

Contention

One notable point of contention surrounding HB 4164 is the implications it may have on pension equity among public servants, especially those in similar situations as Romeo. There are concerns that this individual exemption might open the door for other officers who encounter similar challenges, leading to an influx of cases that could complicate the already sensitive subject of public pensions. Additionally, there is an underlying debate regarding whether such changes should be handled through individual legislation or should be subject to a broader structural reform to address any systemic issues with pension calculations among public officers.