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