Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H5072 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. 4485 FILED ON: 7/21/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 5072
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Alyson M. Sullivan-Almeida
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 disability pension legislation for Sergeant Deputy Sheriff Brian C. McPherson.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Alyson M. Sullivan-Almeida7th Plymouth7/21/2023 1 of 3
16	16	HOUSE DOCKET, NO. 4485 FILED ON: 7/21/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 5072
18	18	By Representative Sullivan-Almeida of Abington, a petition (subject to Joint Rule 7B) of Alyson
19	19	M. Sullivan-Almeida that the Boston Retirement Board be authorized to retire Brian C.
20	20	McPherson, an employee of the Suffolk County Sheriff’s Department. Public Service.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Third General Court
24	24	(2023-2024)
25	25	_______________
26	26	An Act disability pension legislation for Sergeant Deputy Sheriff Brian C. McPherson.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. (a) Notwithstanding any general or special law to the contrary, the City of
30	30	2Boston retirement board shall retire Brian C. McPherson, a Sergeant Deputy Sheriff of the
31	31	3Suffolk County Sheriff’s Department, who as a result of injuries sustained while in the
32	32	4performance of his duties on May 13, 2008, is totally and permanently incapacitated from
33	33	5performing the essential duties of a Sergeant Deputy Sheriff.
34	34	6 (b) The annual amount of pension payable to Brian C. McPherson shall be equal to the
35	35	7regular rate of compensation which would have been paid had he continued in service as a
36	36	8Sergeant Deputy Sheriff at the Suffolk County Sheriff’s Department at the grade held by him at
37	37	9the time of his retirement until his death or reaching mandatory retirement age, whichever comes
38	38	10first. The additional benefits granted in this act shall be funded and administered by the City of
39	39	11Boston retirement board, consistent with and subject to chapter 32 of the General Laws, except 2 of 3
40	40	12that sections 8 and 91A of said chapter 32 shall not apply. All amounts paid under this act shall
41	41	13be non-taxable.
42	42	14 (c) Upon attaining the mandatory retirement age for Sergeant Deputy Sheriff in the
43	43	15Suffolk County Sheriff’s Department Brian C. McPherson shall receive a pension pursuant to
44	44	16section 7 of said chapter 32, a yearly amount of pension equal to 100 per cent of the annual rate
45	45	17of the compensation he was receiving on the day before he reaches the mandatory retirement age
46	46	18for a Sergeant Deputy Sheriff in the Suffolk County Sheriff’s Department.
47	47	19 SECTION 2. Brian C. McPherson shall be entitled to receive indemnification for all
48	48	20hospital, medical and related expenses that have been or may be incurred after the date of his
49	49	21retirement as a result of the injuries sustained by him while in the performance of his duties on
50	50	22May 13, 2008, according to section 100 and section 100B of chapter 41 of the General Laws.
51	51	23 SECTION 3. In addition to the benefits granted in this act and upon retirement, Brian C.
52	52	24McPherson shall receive a lump sum from the City of Boston retirement board equal to his total
53	53	25accumulated retirement deductions.
54	54	26 SECTION 4. If Brian C. McPherson is married at the time of retirement, then upon his
55	55	27death, should his wife, Kelli, survive him, the City of Boston retirement board shall pay to her an
56	56	28annuity in the amount of 75 per cent of the amount of the pension which otherwise would have
57	57	29been payable to him until her death. The pension shall be subject to section 103 of said chapter
58	58	3032.
59	59	31 SECTION 5. In the event that both Brian and his wife, Kelli, die before their children
60	60	32reach the age of 18 or 22, as provided in this act, the payments that would otherwise have been
61	61	33made to Kelli shall be payable, in equal shares, to each surviving child under the age of 18; 3 of 3
62	62	34provided, however, that payments shall continue for the benefit of a surviving child 18 years or
63	63	35older who, on or before the date of death of Kelli or Brian, whichever is later, had been
64	64	36medically determined to be permanently physically or mentally incapacitated from earning or for
65	65	37the benefit of a child under the age of 22 who is enrolled as a full-time student.
66	66	38 SECTION 6. This act shall take effect upon its passage.