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HOUSE DOCKET, NO. 2803 FILED ON: 1/16/2025
HOUSE . . . . . . . . . . . . . . . No. 2836
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Sean Garballey and Daniel Cahill
_________________
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 relative to Parkinson's disease disability and death in firefighters.
_______________
PETITION OF:
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
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
HOUSE DOCKET, NO. 2803 FILED ON: 1/16/2025
HOUSE . . . . . . . . . . . . . . . No. 2836
By Representatives Garballey of Arlington and Cahill of Lynn, a petition (accompanied by bill,
House, No. 2836) of Sean Garballey, Daniel Cahill and others relative to Parkinson's disease
disability and death of certain firefighters and other public safety officers in the contributory
retirement plan for public employees. Public Service.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 2522 OF 2023-2024.]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Fourth General Court
(2025-2026)
_______________
An Act relative to Parkinson's disease disability and death in firefighters.
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. Section 26 of chapter 31 of the General Laws as appearing in the 2022
2Official Edition, is hereby amended by striking out, in line 119, the words "and ninety-four B"
3and inserting in place thereof the following words:
4 ",ninety-four B and ninety-four C."
5 SECTION 2. Chapter 32 of the General Laws are hereby amended by inserting after
6section 94B the following section:-
7 Section 94C. (1) Notwithstanding the provisions of any general or special law to the
8contrary affecting the non-contributory or contributory retirement system, any condition of 2 of 4
9impairment of health caused by Parkinson's Disease, resulting in total or partial disability or
10death to a uniformed member of a paid fire department, or a member of the state police assigned
11to the fire investigation unit of the department of fire services, or a member of the state police K9
12unit, or to any permanent crash crewman, crash boatman, fire controlman or assistant fire
13controlman employed at the General Edward Lawrence Logan International Airport, members of
14the 104th fighter wing fire department or members of the Joint Base Cape Cod fire department,
15shall, if he successfully passed a physical examination on entry into such service or subsequent
16to such entry, which examination failed to reveal any evidence of such condition, be presumed to
17have been suffered in the line of duty, unless it is shown by a preponderance of the evidence that
18non-service connected risk factors or non-service connected accidents or hazards undergone, or
19any combination thereof, caused such incapacity.
20 (2) The provisions of this section shall not apply to any person serving in such positions
21for fewer than five years at the time that such condition is first discovered, or should have been
22discovered. Any person first discovering any such condition prior to or within five years from the
23date on which such person has reached the maximum retirement age shall be eligible to apply for
24benefits hereunder, and such benefits, if granted, shall be payable as of the date on which the
25employee last received regular compensation. The provisions of this section shall not apply to
26any person serving in such position unless such person shall first establish that he has regularly
27responded to calls of fire or their investigation at the scene during some portion of the period of
28his service in such position.
29 (3) Nothing herein shall preclude a member from applying for and receiving benefits
30under section seven or section nine, subject to the provisions of said sections. 3 of 4
31 SECTION 3. Section 100 of chapter 32 of the General Laws as appearing in the 2022
32Official Edition, is hereby amended by striking out, in line 81, the words "and ninety-four B" and
33inserting in place thereof the following words:
34 ",ninety-four B and ninety-four C."
35 SECTION 4.Section 100A of chapter 32 of the General Laws as appearing in the 2022
36Official Edition, is hereby amended by striking out, in line 34, the words "and 94B" and inserting
37in place thereof the following words:
38 ",94B and 94C."
39 SECTION 5. The provisions of section two shall not be construed to affect the
40interpretation of the provisions of sections ninety-four, ninety-four A or ninety-four B of chapter
41thirty-two of the General Laws.
42 SECTION 6. The provisions of this act shall be effective in every retirement system
43established by or operating under the provisions of chapter thirty-two of the General Laws or
44under the similar provisions of any other general or special law, and for every governmental unit
45which is a member of such retirement system, notwithstanding the provisions of section twenty-
46seven C of chapter twenty-nine of the General Laws.
47 SECTION 7. The provisions of this act shall apply only to a person actively employed as
48a uniformed member of a paid fire department, or a member of the state police assigned to the
49fire investigation unit of the department of fire services, or a member of the state police K9 unit,
50or to any permanent crash crewman, crash boatman, fire controlman or assistant fire controlman
51employed at the General Edward Lawrence Logan International Airport, members of the 104th 4 of 4
52fighter wing fire department or members of the Joint Base Cape Cod fire department on or after
53the date exactly 5 years prior to the date this law becomes effective.