Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H4988 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 5277 FILED ON: 7/29/2024
3	3	HOUSE . . . . . . . . . . . . . . . No. 4988
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Angelo J. Puppolo, Jr.
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 regarding the disability pension for Misael Rodriguez administered by the Springfield
13	13	retirement board.
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :DATE ADDED:Angelo J. Puppolo, Jr.12th Hampden7/29/2024Brian M. Ashe2nd Hampden7/30/2024Adam GomezHampden7/31/2024Carlos González10th Hampden7/31/2024 1 of 3
17	17	HOUSE DOCKET, NO. 5277 FILED ON: 7/29/2024
18	18	HOUSE . . . . . . . . . . . . . . . No. 4988
19	19	By Representative Puppolo of Springfield, a petition (accompanied by bill, House, No. 4988) of
20	20	Angelo J. Puppolo, Jr., and others (with the approval of the mayor and city council) relative to
21	21	the accidental disability retirement allowance payable to Misael Rodriguez, a retired officer of
22	22	the police department of the city of Springfield, by Springfield retirement board. Public Service.
23	23	[Local Approval Received.]
24	24	The Commonwealth of Massachusetts
25	25	_______________
26	26	In the One Hundred and Ninety-Third General Court
27	27	(2023-2024)
28	28	_______________
29	29	An Act regarding the disability pension for Misael Rodriguez administered by the Springfield
30	30	retirement board.
31	31	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
32	32	of the same, as follows:
33	33	1 SECTION 1. (a) Notwithstanding any general or special law to the contrary, the
34	34	2Springfield retirement board shall increase the accidental disability retirement allowance payable
35	35	3to Misael Rodriguez, a retired officer of the police department of the city of Springfield who, as
36	36	4a result of severe physical injuries sustained during a violent felonious assault while in the
37	37	5performance of his duties on November 5, 2020, is totally and permanently incapacitated from
38	38	6performing the essential duties of a police officer.
39	39	7 1. The annual amount of pension payable to Misael Rodriguez shall be equal to the
40	40	8regular rate of compensation which would have been paid had he continued in service as a police
41	41	9officer of the city of Springfield at the grade held by him at the time of his retirement until his
42	42	10death or reaching mandatory retirement age, whichever comes first. All amounts paid under this
43	43	11act shall be non-taxable to the extent allowable under state and federal law. 2 of 3
44	44	12 2. Upon attaining the mandatory retirement age for a police officer of the city of
45	45	13Springfield, Misael Rodriguez shall receive a pension pursuant to section 7 of said chapter 32, a
46	46	14yearly amount of pension equal to 80 per cent of the annual rate of the compensation he was
47	47	15receiving on the day before he reaches the mandatory retirement age for a police officer in the
48	48	16city of Springfield.
49	49	17 3. Notwithstanding any general or special law to the contrary, the benefits granted
50	50	18herein shall be funded and administered by the Springfield retirement board, consistent with and
51	51	19subject to chapter 32 of the General Laws.
52	52	20 SECTION 2. Notwithstanding any general or special law to the contrary, Misael
53	53	21Rodriguez shall be entitled to receive indemnification for all hospital, medical and related
54	54	22expenses that have been or may be incurred after the date of his retirement as a result of the
55	55	23injuries sustained by him while in the performance of his duties on November 5, 2020, in
56	56	24accordance with sections 100 and 100B of chapter 41 of the General Laws.
57	57	25 SECTION 3. Notwithstanding any general or special law to the contrary, the Springfield
58	58	26retirement board shall forthwith pay to said Misael Rodriguez the amount credited to him as
59	59	27accumulated total deductions in the annuity savings fund of the Springfield retirement board as
60	60	28of the effective date of this act.
61	61	29 SECTION 4. Notwithstanding any general or special law to the contrary, if Misael
62	62	30Rodriguez was married upon retirement then, upon his death, if he is still married to the spouse
63	63	31he was married to upon retirement then, should his spouse to whom he was married on the date
64	64	32upon retirement survive him, the retirement board of the city of Springfield shall pay to the
65	65	33spouse an annuity in the amount of 75 per cent of the amount of the pension which otherwise 3 of 3
66	66	34would have been payable to Misael Rodriguez until the spouse's death. The pension benefits
67	67	35provided for in this section and section 1 shall be subject to section 103 of chapter 32 of the
68	68	36General Laws.
69	69	37 SECTION 5. In the event that both Misael Rodriguez and his spouse to whom he was
70	70	38married on the date upon retirement die before their children reach the age of 18 the payments
71	71	39that would otherwise have been made to Misael Rodriguez' spouse shall be payable, per stirpes,
72	72	40to each surviving children under the age of 18; provided, however, that payments shall continue
73	73	41for the benefit of a surviving child 18 years or older who, on or before the date of death of
74	74	42Misael Rodriguez or his spouse to whom he was married on the date upon retirement, whichever
75	75	43is later, had been medically determined to be permanently physically or mentally incapacitated
76	76	44from earning or for the benefit of a child under the age of 22 who is enrolled as a full-time
77	77	45student as determined by the criteria of the educational institution.
78	78	46 SECTION 6. This act shall take effect upon its passage