Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H2891 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. 549 FILED ON: 1/10/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 2891
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	David Henry Argosky LeBoeuf
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 pensions for children of public safety officers killed in the line of duty.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:David Henry Argosky LeBoeuf17th Worcester1/10/2025 1 of 5
16	16	HOUSE DOCKET, NO. 549 FILED ON: 1/10/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 2891
18	18	By Representative LeBoeuf of Worcester, a petition (accompanied by bill, House, No. 2891) of
19	19	David Henry Argosky LeBoeuf relative to pensions for children of public safety officers killed in
20	20	the line of duty. Public Service.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE HOUSE, NO. 2580 OF 2023-2024.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Fourth General Court
26	26	(2025-2026)
27	27	_______________
28	28	An Act relative to pensions for children of public safety officers killed in the line of duty.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 Chapter 32 is hereby further amended by striking out section 100, as appearing in the
32	32	22018 Official Edition, and inserting in place thereof the following section:-
33	33	3 Pensions to surviving spouses and children of firefighters, police officers or corrections
34	34	4officers killed in performance of duties
35	35	5 Section 100. Notwithstanding any provision of this chapter or any other general or special
36	36	6law to the contrary, if a firefighter while in the performance of the firefighter’s duties and as the
37	37	7result of an accident while responding to or returning from an alarm of fire or any emergency, or
38	38	8as the result of an accident involving a fire department vehicle, which the firefighter is operating
39	39	9or in which the firefighter is riding, or while at the scene of a fire or any emergency is killed or 2 of 5
40	40	10sustains injuries which result in the firefighter’s death, or if a police officer while in the
41	41	11performance of the police officer’s duties and as the result of an assault on the person or as a
42	42	12result of an accident involving a police department vehicle which the officer is operating or in
43	43	13which the officer is riding in the performance of the police officer’s duties as a police officer is
44	44	14killed or sustains injuries which result in death, or if a corrections officer while in the
45	45	15performance of the corrections officer’s duties and as the result of an assault on the person is
46	46	16killed or sustains injuries which result in death, there shall be paid to the surviving spouse of
47	47	17such firefighter, police officer or corrections officer an annual amount of pension which shall be
48	48	18equal to the amount of salary which would have been paid to such firefighter, police officer or
49	49	19corrections officer had he continued in service in the position held by the firefighter, police
50	50	20officer or corrections officer at the time of death; provided, however, that the amount of pension
51	51	21immediately payable shall be equal to the maximum salary set for the position whether or not
52	52	22such firefighter, police officer or corrections officer had reached the maximum at the time of
53	53	23death. In the event of the death of any surviving spouse eligible to receive a pension under this
54	54	24section, and in case there is any child of such deceased firefighter, police officer or corrections
55	55	25officer, there shall be paid to the legal guardian for the benefit of each such child the sum of
56	56	26three hundred and twelve dollars per annum in addition to a payment equal to seventy-two per
57	57	27cent of the pension which said surviving spouse was receiving at the time of such surviving
58	58	28spouse's death, such payment to be made in proportionate shares to the legal guardian for the
59	59	29benefit of each such child until such time as all such children have attained age eighteen or have
60	60	30attained age 22 if full-time students, and such payment shall continue for the benefit of such
61	61	31children who are over age eighteen and physically or mentally incapacitated from earning. The
62	62	32words ''full-time student'' shall mean a child who is in full-time attendance in an accredited 3 of 5
63	63	33educational institution offering full-time courses of study equivalent to or higher than secondary
64	64	34school study. The words ''accredited educational institution'' shall mean any school, college or
65	65	35university that is licensed, approved or accredited, as the case may be, in the state in which it is
66	66	36located.
67	67	37 In the event there is no surviving spouse at the time of such firefighter’s, police officer, or
68	68	38corrections officer’s death, there shall be paid in proportionate shares to the legal guardian of any
69	69	39surviving children of such deceased firefighter, police officer, or corrections officer for the
70	70	40benefit of the child or children an annual amount of pension which shall be equal to the amount
71	71	41of salary which would have been paid to such firefighter, police officer or corrections officer had
72	72	42the person continued in service in the position held by the person at the time of death; provided,
73	73	43however, that the amount of pension immediately payable shall be equal to the maximum salary
74	74	44set for the position whether or not such firefighter, police officer or corrections officer had
75	75	45reached the maximum at the time of the police officer’s death. When any such children have
76	76	46attained age 18, payment to that child’s legal guardian shall cease and shall instead be paid to the
77	77	47surviving child.
78	78	48 The benefits provided by this section shall be in the alternative to the benefits provided
79	79	49by any other section of this chapter; provided, however, that if any such deceased firefighter,
80	80	50police officer or corrections officer was a member of a contributory retirement system
81	81	51established under the provisions of section twenty, any accumulated total deductions credited to
82	82	52the person’s account in the annuity savings fund of such system shall be paid in one sum in
83	83	53accordance with the provisions of subdivision (2) of section eleven, to the person’s surviving
84	84	54beneficiary or beneficiaries entitled thereto. 4 of 5
85	85	55 The benefits payable under this section to the surviving spouse or children of such
86	86	56deceased firefighter, police officer or corrections officer shall be paid as follows:— if the
87	87	57decedent was a member of the state employees' retirement system, the Massachusetts Port
88	88	58Authority employees' retirement system or any county, city or town contributory retirement
89	89	59system, as the case may be, established under the provisions of sections one to twenty-eight,
90	90	60inclusive, or under corresponding provisions of earlier laws, and subject thereto, or any
91	91	61contributory retirement system established for the employees of any governmental unit under the
92	92	62provisions of any special law, from the same appropriation, and in the same manner, as
93	93	63accidental death benefits payable under the provisions of section nine; if the decedent was not a
94	94	64member of a contributory retirement system, from the same appropriation, and in the same
95	95	65manner, as annuities to dependents payable under the provisions of section eighty-nine or section
96	96	66eighty-nine A.
97	97	67 If any firefighter, police officer or corrections officer is killed or sustains injuries
98	98	68resulting in death in the manner set forth in this section, and any firefighter, police officer or
99	99	69corrections officer was so killed or sustained such injuries while assisting another governmental
100	100	70unit, pursuant to the provisions of subdivision (4) of section seven, the benefits provided by this
101	101	71section shall be paid to the surviving spouse or children as provided in the preceding paragraph,
102	102	72but the governmental unit which requested such assistance shall annually, on or before January
103	103	73fifteenth, reimburse the governmental unit which had employed such deceased firefighter, police
104	104	74officer or corrections officer in the amount of any benefits paid to the surviving spouse or
105	105	75children during the preceding calendar year. 5 of 5
106	106	76 The presumptions created by sections ninety-four, ninety-four A and ninety-four B shall
107	107	77not be applicable to the death of any firefighter, police officer or corrections officer for which a
108	108	78pension is provided under this section.
109	109	79 This section shall be administered by the state board of retirement as to employees of the
110	110	80commonwealth or the metropolitan district commission; by the appropriate retirement board,
111	111	81established under section twenty, having jurisdiction in the governmental unit in which any such
112	112	82firefighter or police officer was employed at the time of death; or by the Massachusetts Bay
113	113	83Transportation Authority police retirement board; or if such firefighter, police officer, or
114	114	84corrections officer was employed by a town and was not a member of any contributory
115	115	85retirement system, by the board of selectmen of such town.
116	116	86 For purposes of this section, the word ''firefighter'' shall include members of the
117	117	87Massachusetts military reservation fire department.
118	118	88 For purposes of this section, the word ''firefighter'' shall include members of the 104th
119	119	89fighter wing fire department.
120	120	90 For purposes of this section, the word ''firefighter'' shall include members of the Devens
121	121	91fire department established pursuant to chapter 498 of the acts of 1993.