Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H4988 Latest Draft

Bill / Introduced Version Filed 08/05/2024

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