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