Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H5060 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. 5372 FILED ON: 9/17/2024
3	3	HOUSE . . . . . . . . . . . . . . . No. 5060
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Rob Consalvo
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 Richard Lopez.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Rob Consalvo14th Suffolk9/17/2024 1 of 3
16	16	HOUSE DOCKET, NO. 5372 FILED ON: 9/17/2024
17	17	HOUSE . . . . . . . . . . . . . . . No. 5060
18	18	By Representative Consalvo of Boston, a petition (accompanied by bill, House, No. 5060) of
19	19	Rob Consalvo (with the approval of the mayor and city council) that the city of Boston
20	20	retirement board be authorized to increase the accidental disability retirement allowance payable
21	21	for Richard Lopez, a retired firefighter of the fire department of said city. Public Service. [Local
22	22	Approval Received.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Third General Court
26	26	(2023-2024)
27	27	_______________
28	28	An Act regarding the disability pension for Richard Lopez.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. (a) Notwithstanding any general or special law to the contrary, the Boston
32	32	2retirement board shall increase the accidental disability retirement allowance payable to Richard
33	33	3Lopez, a retired firefighter of the fire department of the city of Boston who, as a result of injuries
34	34	4sustained while in the performance of his duties on June 10, 2006, is totally and permanently
35	35	5incapacitated from performing the essential duties of a firefighter.
36	36	6 (b) The annual amount of pension payable to Richard Lopez shall be equal to the regular
37	37	7rate of compensation which would have been paid had he continued in service as a firefighter of
38	38	8the city of Boston at the grade held by him at the time of his retirement until his death or
39	39	9reaching mandatory retirement age, whichever comes first. All amounts paid under this act shall
40	40	10be non-taxable to the extent allowable under state and federal law. 2 of 3
41	41	11 (c) Notwithstanding Sections 8 and 91A of chapter 32 of the General Laws or any other
42	42	12general or special law to the contrary, Richard Lopez’s annual earnings, when added to his
43	43	13retirement allowance, may annually earn up to one-half the amount of his retirement allowance
44	44	14without refund penalty.
45	45	15 (d) Upon attaining the mandatory retirement age for a firefighter of the city of Boston,
46	46	16Richard Lopez shall receive a pension pursuant to section 7 of said chapter 32, a yearly amount
47	47	17of pension equal to 80 percent of the annual rate of the compensation he was receiving on the
48	48	18day before he reaches the mandatory retirement age for a firefighter in the city of Boston.
49	49	19 (e) Notwithstanding any general or special law to the contrary, the benefits granted herein
50	50	20shall be funded and administered by the Boston retirement board, consistent with and subject to
51	51	21chapter 32 of the General Laws.
52	52	22 SECTION 2. Notwithstanding any general or special law to the contrary, Richard Lopez
53	53	23shall be entitled to receive indemnification for all hospital, medical and related expenses that
54	54	24have been or may be incurred after the date of his retirement as a result of the injuries sustained
55	55	25by him while in the performance of his duties from June 10, 2006, in accordance with sections
56	56	26100 and 100B of chapter 41 of the General Laws.
57	57	27 SECTION 3. Notwithstanding any general or special law to the contrary, the Boston
58	58	28retirement board shall forthwith pay to said Richard Lopez the amount credited to him as
59	59	29accumulated total deductions in the annuity savings fund of the Boston Retirement Board as of
60	60	30the effective date of this act.
61	61	31 SECTION 4. Notwithstanding any general or special law to the contrary, if Richard
62	62	32Lopez was married upon retirement, upon his death, if he is still married to the spouse he was 3 of 3
63	63	33married to upon retirement then, should his spouse to whom he was married on the date upon
64	64	34retirement survive him, the retirement board of the city of Boston shall pay to the spouse an
65	65	35annuity in the amount of 75 percent of the amount of the pension which otherwise would have
66	66	36been payable to Richard Lopez until the spouse’s death. The pension benefits provided for in this
67	67	37section and section 1 shall be subject to section 103 of chapter 32 of the General Laws.
68	68	38 SECTION 5. In the event that both Richard Lopez and his spouse to whom he was
69	69	39married on the date upon retirement die before their children reach the age of 18 the payments
70	70	40that would otherwise have been made to his spouse shall be payable, per stirpes, to each
71	71	41surviving children under the age of 18; provided, however, that payments shall continue for the
72	72	42benefit of a surviving child 18 years or older who, on or before the date of death of Richard
73	73	43Lopez or his spouse to whom he was married on the date upon retirement, whichever is later, had
74	74	44been medically determined to be permanently physically or mentally incapacitated from earning
75	75	45or for the benefit of a child under the age of 22 who is enrolled as a full-time student as
76	76	46determined by the criteria of the educational institution.
77	77	47 SECTION 6. This act shall take effect upon its passage.