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| 2 | 2 | | HOUSE DOCKET, NO. 450 FILED ON: 1/9/2025 |
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| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 2864 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | Christopher Hendricks and Mark C. Montigny |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act authorizing the city of New Bedford Retirement Board to provide certain retirement |
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| 13 | 13 | | benefits to Lavar Gilbert. |
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| 14 | 14 | | _______________ |
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| 15 | 15 | | PETITION OF: |
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| 16 | 16 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Christopher Hendricks11th Bristol1/9/2025Antonio F. D. Cabral13th Bristol2/13/2025 1 of 2 |
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| 17 | 17 | | HOUSE DOCKET, NO. 450 FILED ON: 1/9/2025 |
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| 18 | 18 | | HOUSE . . . . . . . . . . . . . . . No. 2864 |
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| 19 | 19 | | By Representative Hendricks of New Bedford and Senator Montigny, a joint petition |
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| 20 | 20 | | (accompanied by bill, House, No. 2864) of Christopher Hendricks and Antonio F. D. Cabral |
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| 21 | 21 | | (with the approval of the mayor and city council) that the city of New Bedford Retirement Board |
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| 22 | 22 | | be authorized to provide certain retirement benefits to Lavar Gilbert, a police detective of said |
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| 23 | 23 | | city. Public Service. [Local Approval Received.] |
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| 24 | 24 | | The Commonwealth of Massachusetts |
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| 25 | 25 | | _______________ |
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| 26 | 26 | | In the One Hundred and Ninety-Fourth General Court |
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| 27 | 27 | | (2025-2026) |
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| 28 | 28 | | _______________ |
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| 29 | 29 | | An Act authorizing the city of New Bedford Retirement Board to provide certain retirement |
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| 30 | 30 | | benefits to Lavar Gilbert. |
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| 31 | 31 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 32 | 32 | | of the same, as follows: |
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| 33 | 33 | | 1 SECTION 1. Notwithstanding the provisions of any general or special law to the |
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| 34 | 34 | | 2contrary, the New Bedford Retirement Board is hereby authorized and directed to retire Lavar |
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| 35 | 35 | | 3Gilbert, a police detective of the City of New Bedford, MA., who, as a result of injuries sustained |
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| 36 | 36 | | 4while in the performance of his duties on July 17, 2023, is totally and permanently incapacitated |
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| 37 | 37 | | 5from performing the essential duties of a police officer. |
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| 38 | 38 | | 6 The annual amount of pension payable to Lavar Gilbert shall be fixed in an amount equal |
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| 39 | 39 | | 7to the regular rate of compensation which would have been paid had he continued in service as a |
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| 40 | 40 | | 8police detective of the city of New Bedford at the grade held by him at the time of his retirement |
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| 41 | 41 | | 9up until his death or reaching mandatory retirement age whichever comes first. The additional |
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| 42 | 42 | | 10benefits granted herein shall be funded and administered by the New Bedford Retirement Board, |
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| 43 | 43 | | 11consistent with and subject to chapter 32 of the General Laws, except that sections 8 and 91A of 2 of 2 |
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| 44 | 44 | | 12Chapter 32 of the General Laws shall not apply however all amounts paid hereunder shall be |
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| 45 | 45 | | 13non-taxable. |
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| 46 | 46 | | 14 Upon attaining the mandatory retirement age for a New Bedford patrol officer, Lavar |
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| 47 | 47 | | 15Gilbert shall receive a pension pursuant to section 7 of chapter 32 of the General Laws, a yearly |
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| 48 | 48 | | 16amount of pension equal to eighty (80) per cent of the annual rate of the compensation he was |
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| 49 | 49 | | 17receiving on the day before he reaches the mandatory retirement age for a New Bedford police |
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| 50 | 50 | | 18detective. |
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| 51 | 51 | | 19 SECTION 2. Lavar Gilbert shall be entitled to receive indemnification for all hospital, |
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| 52 | 52 | | 20medical and related expenses that have been or may be, incurred after the date of his retirement |
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| 53 | 53 | | 21as a result of the injuries sustained by him while in the performance of his duties on July 17, |
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| 54 | 54 | | 222023, according to the provisions of section 100 and section 100B of chapter 41 of the General |
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| 55 | 55 | | 23Laws. |
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| 56 | 56 | | 24 SECTION 3. In addition to the benefits granted herein and upon retirement, Lavar Gilbert |
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| 57 | 57 | | 25shall receive a lump sum from the New Bedford Retirement Board equal to his total accumulated |
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| 58 | 58 | | 26retirement deductions. |
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| 59 | 59 | | 27 SECTION 4. If Lavar Gilbert is married at the time of retirement, then upon his death, |
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| 60 | 60 | | 28should his wife Sandra survive him, the New Bedford Retirement Board shall pay to her an |
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| 61 | 61 | | 29annuity in the amount of three-fourths of the amount of the pension which would have been |
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| 62 | 62 | | 30otherwise payable to him until her death. The pension shall be subject to section 103 of chapter |
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| 63 | 63 | | 3132 of the General Laws. |
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| 64 | 64 | | 32 SECTION 5. This act shall be effective upon passage. |
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