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| 2 | 2 | | FILED ON: 6/12/2024 |
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| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 4746 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _______________ |
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| 6 | 6 | | In the One Hundred and Ninety-Third General Court |
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| 7 | 7 | | (2023-2024) |
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| 8 | 8 | | _______________ |
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| 9 | 9 | | An Act relative to disability pensions and critical incident stress management for violent crimes. |
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| 10 | 10 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 11 | 11 | | of the same, as follows: |
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| 12 | 12 | | 1 SECTION 1. Section 1 of chapter 32 of the General Laws, as appearing in the 2022 |
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| 13 | 13 | | 2Official Edition, is hereby amended by inserting after the definition of “Veteran” the following |
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| 14 | 14 | | 3definition:- |
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| 15 | 15 | | 4 “Violent act injury”, a catastrophic, life-threatening or life-altering and permanent bodily |
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| 16 | 16 | | 5injury sustained as a direct and proximate result of a violent attack upon a person by means of a |
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| 17 | 17 | | 6dangerous weapon, which is designed for the purpose of causing serious injury or death, |
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| 18 | 18 | | 7including, but not limited to, a firearm, knife, automobile or explosive device. |
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| 19 | 19 | | 8 SECTION 2. Section 7 of said chapter 32, as so appearing, is hereby amended by striking |
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| 20 | 20 | | 9out subsection (1) and inserting in place thereof the following subsection:- |
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| 21 | 21 | | 10 (1) Conditions for Allowance. – Any member in service classified in Group 1, Group 2 or |
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| 22 | 22 | | 11Group 4, or any member in service classified in Group 3 to whom the provisions of subdivision |
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| 23 | 23 | | 12(2) of section 26 are not applicable, who is unable to perform the essential duties of the |
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| 24 | 24 | | 13member’s job and that such inability is likely to be permanent before attaining the maximum age 2 of 6 |
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| 25 | 25 | | 14for the member’s group by reason of a personal injury or violent act injury sustained or a hazard |
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| 26 | 26 | | 15undergone as a result of, and while in the performance of the member’s duties at some definite |
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| 27 | 27 | | 16place and at some definite time on or after the date of becoming a member or prior to such date |
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| 28 | 28 | | 17while any provision of this chapter relating to noncontributory pensions was applicable to the |
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| 29 | 29 | | 18member, without serious and willful misconduct on the member’s part, upon the member’s |
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| 30 | 30 | | 19written application on a prescribed form filed with the board and the member’s respective |
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| 31 | 31 | | 20employer or upon such an application by the head of the member’s department after a hearing, if |
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| 32 | 32 | | 21requested, as provided for in subdivision (1) of section 16 and subject to the conditions set forth |
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| 33 | 33 | | 22in said section 16 and in this section, shall be deemed retired for an accidental disability as of a |
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| 34 | 34 | | 23date which shall be specified in such application and which shall be not less than 15 days nor |
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| 35 | 35 | | 24more than 4 months after the filing of such application but in no event later than the maximum |
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| 36 | 36 | | 25age for the member’s group. Except as provided for in subdivision (3), no such retirement shall |
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| 37 | 37 | | 26be allowed unless such injury or violent act injury was sustained or such hazard was undergone |
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| 38 | 38 | | 27within 2 years prior to the filing of such application or, if occurring earlier, unless written notice |
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| 39 | 39 | | 28thereof was filed with the board by such member or on the member’s behalf within 90 days after |
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| 40 | 40 | | 29its occurrence. No retirement under this subsection shall be allowed unless the board, after a |
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| 41 | 41 | | 30review of the evidence it deems appropriate, and after a review by the commission, pursuant to |
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| 42 | 42 | | 31the provisions of section 21, and including in any event on examination by the regional medical |
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| 43 | 43 | | 32panel provided for in subdivision (3) and including a certification of such incapacity by a |
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| 44 | 44 | | 33majority of the physicians on such medical panel, shall find that such member is unable to |
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| 45 | 45 | | 34perform the essential duties of the member’s job and that such inability is likely to be permanent, |
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| 46 | 46 | | 35and that the member should be so retired; provided, however, that no retirement due to a violent |
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| 47 | 47 | | 36act injury shall be allowed unless the board, after a review of the evidence it deems appropriate, 3 of 6 |
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| 48 | 48 | | 37and after a review by the commission, pursuant to section 21, and including in any event on |
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| 49 | 49 | | 38examination or re-examination by the regional medical panel provided for in subdivision (3) and |
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| 50 | 50 | | 39including a certification of such incapacity by a majority of the physicians on such medical |
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| 51 | 51 | | 40panel, shall find that such member is physically unable to perform the essential duties of the |
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| 52 | 52 | | 41member’s job because of a violent act injury and that such inability is likely to be permanent, and |
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| 53 | 53 | | 42that the member should be so retired. Any member who was injured while a member of a |
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| 54 | 54 | | 43retirement system established in any governmental unit other than that by which the member is |
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| 55 | 55 | | 44presently employed, and who has complied with the provisions of this section as to notice, or |
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| 56 | 56 | | 45whose case falls under subdivision (3), shall file such application with the retirement board of the |
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| 57 | 57 | | 46unit where the member is presently employed. Such board shall secure a statement of facts and |
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| 58 | 58 | | 47records, which it shall be the duty of the retirement board of the first governmental unit to |
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| 59 | 59 | | 48furnish, and on which it shall be entitled to make recommendations. |
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| 60 | 60 | | 49 Prior to the determination of a retirement under this section, a member shall submit to the |
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| 61 | 61 | | 50retirement board a written statement authorizing release of information from the federal internal |
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| 62 | 62 | | 51revenue service and the department of revenue relative to the annual gross earned income of the |
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| 63 | 63 | | 52member in pursuant to an agreement between the federal internal revenue service, the department |
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| 64 | 64 | | 53of revenue, and the public employee retirement administration commission in accordance with |
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| 65 | 65 | | 54section 91A. |
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| 66 | 66 | | 55 SECTION 3. Paragraph (a) of subdivision (2) of said section 7 of said chapter 32, as so |
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| 67 | 67 | | 56appearing, is hereby amended by adding the following clause:- |
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| 68 | 68 | | 57 (iv)(A) Notwithstanding clauses (i) to (iii), inclusive, a yearly amount of pension for any |
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| 69 | 69 | | 58firefighter, any call, volunteer, auxiliary, intermittent or reserve firefighter, any call, volunteer, 4 of 6 |
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| 70 | 70 | | 59auxiliary, intermittent or reserve emergency medical services provider who is a member of a |
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| 71 | 71 | | 60police or fire department and who is not subject to chapter 152, any police officer, any auxiliary, |
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| 72 | 72 | | 61intermittent, special, part-time or reserve police officer, any municipal or public emergency |
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| 73 | 73 | | 62medical technician or licensed health care professional who is unable to perform the essential |
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| 74 | 74 | | 63duties of the member’s job by reason of a violent act injury, paid monthly, shall be equal to 100 |
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| 75 | 75 | | 64per cent of their regular compensation, including all applicable benefits and stipends, that the |
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| 76 | 76 | | 65member was earning on the date of such violent act injury, as defined in section 1. The annual |
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| 77 | 77 | | 66amount of pension payable to such member shall be equal to the regular rate of compensation, |
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| 78 | 78 | | 67which the member would have been paid had the member continued in service at the grade held |
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| 79 | 79 | | 68by the member at the time of their retirement until their death or reaching mandatory retirement |
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| 80 | 80 | | 69age, whichever comes first; provided that, if the member reaches the mandatory retirement age, |
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| 81 | 81 | | 70the member shall be entitled thereafter to 80 per cent of the average annual rate of compensation |
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| 82 | 82 | | 71paid to the member in the previous 12 months, including any cost of living increases, as defined |
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| 83 | 83 | | 72in sections 102 and 103. Upon retirement, the member shall receive a lump sum payment from |
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| 84 | 84 | | 73the applicable retirement board equal to the member’s total accumulated retirement deductions. |
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| 85 | 85 | | 74In the event that the member predeceases their spouse, the member’s spouse shall be entitled to |
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| 86 | 86 | | 7575 per cent of the member’s annual pension, paid monthly, as long as such spouse shall live; |
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| 87 | 87 | | 76provided that, when the member would have reached the mandatory retirement age, the |
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| 88 | 88 | | 77member’s spouse shall continue to be entitled to 75 per cent of the member’s annual pension, |
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| 89 | 89 | | 78including any cost of living increases, as defined in sections 102 and 103, that the member would |
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| 90 | 90 | | 79have received upon reaching the mandatory retirement age; and provided further, that if a |
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| 91 | 91 | | 80beneficiary is eligible for benefits under this section and under option (c) of section 12, the |
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| 92 | 92 | | 81beneficiary shall elect to receive either a benefit under option (c) or a benefit pursuant to this 5 of 6 |
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| 93 | 93 | | 82section but shall not be eligible for both benefits. In the event that the member and the member’s |
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| 94 | 94 | | 83spouse predecease their children, the member’s surviving unmarried children, if any, who are |
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| 95 | 95 | | 84under age 18 or, if over that age and under age 22, are full-time students at an accredited |
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| 96 | 96 | | 85educational institution, or who are over age 18 and physically or mentally incapacitated from |
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| 97 | 97 | | 86earning income on the date of such member’s retirement, shall be entitled to receive a pension of |
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| 98 | 98 | | 87equal proportion, paid monthly, which shall total 75 per cent of the amount of the pension |
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| 99 | 99 | | 88payable to the member at the time of their death. When a child no longer meets the qualifications |
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| 100 | 100 | | 89for receipt of a pension allocation under this section, said child’s pension allocation shall cease |
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| 101 | 101 | | 90and any remaining qualified children shall continue to receive the same amount each received |
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| 102 | 102 | | 91before any child’s allocation ceased. The words “full-time student” and “accredited educational |
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| 103 | 103 | | 92institutions” shall have the same meanings as defined in clause (iii). |
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| 104 | 104 | | 93 (B) Any member eligible to receive a pension under this clause shall be indemnified for |
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| 105 | 105 | | 94all hospital, medical and other healthcare expenses, not otherwise covered by health insurance, |
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| 106 | 106 | | 95related to treatment of injuries that have been or may be incurred after the date of the member’s |
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| 107 | 107 | | 96retirement as a result of the injuries sustained by the member relating to the violent act injury |
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| 108 | 108 | | 97while in the performance of the member’s duties. |
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| 109 | 109 | | 98 (C) Notwithstanding the hours and earnings limitations of section 91 or 91A or any other |
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| 110 | 110 | | 99general or special law to the contrary, the annual earnings of a member receiving benefits under |
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| 111 | 111 | | 100this clause, from employment in the service of the commonwealth, county, city, town, district or |
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| 112 | 112 | | 101authority, including as a consultant or independent contractor or as a person whose regular duties |
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| 113 | 113 | | 102require that their time be devoted to the service of the commonwealth, county, city, town, district |
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| 114 | 114 | | 103or authority during regular business hours, may equal up to ½ the amount of their retirement |
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| 115 | 115 | | 104allowance without refund penalty. Such member shall not be eligible for employment under 6 of 6 |
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| 116 | 116 | | 105Groups 3 and 4 of the retirement system while receiving benefits for accidental disability |
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| 117 | 117 | | 106retirement outlined under this clause. A member who is receiving benefits under this clause may |
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| 118 | 118 | | 107be employed by a private entity or in the private sector without refund penalty; provided, that |
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| 119 | 119 | | 108their service is not devoted to the commonwealth, county, city, town, district or an authority. |
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| 120 | 120 | | 109Nothing in this section shall prohibit a member under this clause, or such member’s eligible |
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| 121 | 121 | | 110spouse or children, from receiving additional retirement benefits not required by this clause. |
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| 122 | 122 | | 111 SECTION 4. Said section 7 of said chapter 32, as so appearing, is hereby further |
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| 123 | 123 | | 112amended by adding the following subdivision:- |
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| 124 | 124 | | 113 (7) Critical Incident Stress Management. – Any firefighter, any call, volunteer, auxiliary, |
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| 125 | 125 | | 114intermittent or reserve firefighter, any call, volunteer, auxiliary, intermittent or reserve |
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| 126 | 126 | | 115emergency medical services provider who is a member of a police or fire department and who is |
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| 127 | 127 | | 116not subject to chapter 152, any police officer, any auxiliary, intermittent, special, part-time or |
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| 128 | 128 | | 117reserve police officer, any municipal or public emergency medical technician following any |
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| 129 | 129 | | 118incident involving exposure to actual or threatened death, serious injury or sexual violence as set |
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| 130 | 130 | | 119forth in the most recent version of the Diagnostic and Statistical Manual of Mental Disorders, or |
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| 131 | 131 | | 120any other incident reasonably warranting a critical incident stress management debriefing, as |
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| 132 | 132 | | 121determined by an emergency service provider certified by the Massachusetts Peer Support |
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| 133 | 133 | | 122Network or the International Critical Incident Stress Foundation, Inc., shall receive notice of |
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| 134 | 134 | | 123critical incident stress management debriefing programs, including the location and times for the |
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| 135 | 135 | | 124program and contact information. |
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