Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H2836 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 2
2	2	HOUSE DOCKET, NO. 2803 FILED ON: 1/16/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 2836
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Sean Garballey and Daniel Cahill
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 relative to Parkinson's disease disability and death in firefighters.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Sean Garballey23rd Middlesex1/16/2025Daniel Cahill10th Essex1/16/2025Marcus S. Vaughn9th Norfolk1/23/2025John J. Marsi6th Worcester1/23/2025Christopher Richard Flanagan1st Barnstable1/23/2025Angelo J. Puppolo, Jr.12th Hampden1/23/2025Steven George Xiarhos5th Barnstable1/23/2025David F. DeCoste5th Plymouth1/23/2025Paul K. Frost7th Worcester1/23/2025Paul McMurtry11th Norfolk1/23/2025Patrick Joseph Kearney4th Plymouth1/23/2025Dennis C. Gallagher8th Plymouth1/23/2025Rodney M. Elliott16th Middlesex1/23/2025Michael J. Soter8th Worcester1/23/2025Joseph W. McGonagle, Jr.28th Middlesex1/23/2025Brian W. Murray10th Worcester1/23/2025Joseph D. McKenna18th Worcester1/27/2025Steven Ultrino33rd Middlesex1/27/2025 2 of 2
16	16	Kimberly N. Ferguson1st Worcester1/27/2025Mark D. Sylvia10th Bristol1/27/2025Danillo A. Sena37th Middlesex1/27/2025Hannah Kane11th Worcester1/28/2025Erika Uyterhoeven27th Middlesex1/29/2025Michael D. BradySecond Plymouth and Norfolk1/31/2025Donald R. Berthiaume, Jr.5th Worcester2/3/2025Paul J. Donato35th Middlesex2/3/2025Samantha Montaño15th Suffolk2/4/2025Jacob R. OliveiraHampden, Hampshire and Worcester2/10/2025James K. Hawkins2nd Bristol2/10/2025James C. Arena-DeRosa8th Middlesex2/12/2025Margaret R. Scarsdale1st Middlesex2/13/2025James Arciero2nd Middlesex2/24/2025Natalie M. Higgins4th Worcester2/24/2025Bruce E. TarrFirst Essex and Middlesex2/26/2025Antonio F. D. Cabral13th Bristol3/6/2025John C. VelisHampden and Hampshire3/10/2025 1 of 4
17	17	HOUSE DOCKET, NO. 2803 FILED ON: 1/16/2025
18	18	HOUSE . . . . . . . . . . . . . . . No. 2836
19	19	By Representatives Garballey of Arlington and Cahill of Lynn, a petition (accompanied by bill,
20	20	House, No. 2836) of Sean Garballey, Daniel Cahill and others relative to Parkinson's disease
21	21	disability and death of certain firefighters and other public safety officers in the contributory
22	22	retirement plan for public employees. Public Service.
23	23	[SIMILAR MATTER FILED IN PREVIOUS SESSION
24	24	SEE HOUSE, NO. 2522 OF 2023-2024.]
25	25	The Commonwealth of Massachusetts
26	26	_______________
27	27	In the One Hundred and Ninety-Fourth General Court
28	28	(2025-2026)
29	29	_______________
30	30	An Act relative to Parkinson's disease disability and death in firefighters.
31	31	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
32	32	of the same, as follows:
33	33	1 SECTION 1. Section 26 of chapter 31 of the General Laws as appearing in the 2022
34	34	2Official Edition, is hereby amended by striking out, in line 119, the words "and ninety-four B"
35	35	3and inserting in place thereof the following words:
36	36	4 ",ninety-four B and ninety-four C."
37	37	5 SECTION 2. Chapter 32 of the General Laws are hereby amended by inserting after
38	38	6section 94B the following section:-
39	39	7 Section 94C. (1) Notwithstanding the provisions of any general or special law to the
40	40	8contrary affecting the non-contributory or contributory retirement system, any condition of 2 of 4
41	41	9impairment of health caused by Parkinson's Disease, resulting in total or partial disability or
42	42	10death to a uniformed member of a paid fire department, or a member of the state police assigned
43	43	11to the fire investigation unit of the department of fire services, or a member of the state police K9
44	44	12unit, or to any permanent crash crewman, crash boatman, fire controlman or assistant fire
45	45	13controlman employed at the General Edward Lawrence Logan International Airport, members of
46	46	14the 104th fighter wing fire department or members of the Joint Base Cape Cod fire department,
47	47	15shall, if he successfully passed a physical examination on entry into such service or subsequent
48	48	16to such entry, which examination failed to reveal any evidence of such condition, be presumed to
49	49	17have been suffered in the line of duty, unless it is shown by a preponderance of the evidence that
50	50	18non-service connected risk factors or non-service connected accidents or hazards undergone, or
51	51	19any combination thereof, caused such incapacity.
52	52	20 (2) The provisions of this section shall not apply to any person serving in such positions
53	53	21for fewer than five years at the time that such condition is first discovered, or should have been
54	54	22discovered. Any person first discovering any such condition prior to or within five years from the
55	55	23date on which such person has reached the maximum retirement age shall be eligible to apply for
56	56	24benefits hereunder, and such benefits, if granted, shall be payable as of the date on which the
57	57	25employee last received regular compensation. The provisions of this section shall not apply to
58	58	26any person serving in such position unless such person shall first establish that he has regularly
59	59	27responded to calls of fire or their investigation at the scene during some portion of the period of
60	60	28his service in such position.
61	61	29 (3) Nothing herein shall preclude a member from applying for and receiving benefits
62	62	30under section seven or section nine, subject to the provisions of said sections. 3 of 4
63	63	31 SECTION 3. Section 100 of chapter 32 of the General Laws as appearing in the 2022
64	64	32Official Edition, is hereby amended by striking out, in line 81, the words "and ninety-four B" and
65	65	33inserting in place thereof the following words:
66	66	34 ",ninety-four B and ninety-four C."
67	67	35 SECTION 4.Section 100A of chapter 32 of the General Laws as appearing in the 2022
68	68	36Official Edition, is hereby amended by striking out, in line 34, the words "and 94B" and inserting
69	69	37in place thereof the following words:
70	70	38 ",94B and 94C."
71	71	39 SECTION 5. The provisions of section two shall not be construed to affect the
72	72	40interpretation of the provisions of sections ninety-four, ninety-four A or ninety-four B of chapter
73	73	41thirty-two of the General Laws.
74	74	42 SECTION 6. The provisions of this act shall be effective in every retirement system
75	75	43established by or operating under the provisions of chapter thirty-two of the General Laws or
76	76	44under the similar provisions of any other general or special law, and for every governmental unit
77	77	45which is a member of such retirement system, notwithstanding the provisions of section twenty-
78	78	46seven C of chapter twenty-nine of the General Laws.
79	79	47 SECTION 7. The provisions of this act shall apply only to a person actively employed as
80	80	48a uniformed member of a paid fire department, or a member of the state police assigned to the
81	81	49fire investigation unit of the department of fire services, or a member of the state police K9 unit,
82	82	50or to any permanent crash crewman, crash boatman, fire controlman or assistant fire controlman
83	83	51employed at the General Edward Lawrence Logan International Airport, members of the 104th 4 of 4
84	84	52fighter wing fire department or members of the Joint Base Cape Cod fire department on or after
85	85	53the date exactly 5 years prior to the date this law becomes effective.