1 | 1 | | 1 of 1 |
---|
2 | 2 | | HOUSE DOCKET, NO. 4440 FILED ON: 2/20/2025 |
---|
3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 3978 |
---|
4 | 4 | | The Commonwealth of Massachusetts |
---|
5 | 5 | | _________________ |
---|
6 | 6 | | PRESENTED BY: |
---|
7 | 7 | | Alyson M. Sullivan-Almeida and Michael D. Brady |
---|
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 Lieutenant Deputy Sheriff Brian McPherson disability pension. |
---|
13 | 13 | | _______________ |
---|
14 | 14 | | PETITION OF: |
---|
15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Alyson M. Sullivan-Almeida7th Plymouth2/20/2025 1 of 3 |
---|
16 | 16 | | HOUSE DOCKET, NO. 4440 FILED ON: 2/20/2025 |
---|
17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 3978 |
---|
18 | 18 | | By Representative Sullivan-Almeida of Abington and Senator Brady, a joint petition |
---|
19 | 19 | | (accompanied by bill, House, No. 3978) of Alyson M. Sullivan-Almeida (with the approval of |
---|
20 | 20 | | the mayor and city council) that the Boston Retirement Board be authorized to retire Brian C. |
---|
21 | 21 | | McPherson, an employee of the Suffolk County Sheriff’s Department. Public Service. [Local |
---|
22 | 22 | | Approval Received.] |
---|
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 Lieutenant Deputy Sheriff Brian McPherson disability pension. |
---|
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 SECTION 1. (a) Notwithstanding any general or special law to the contrary, the Boston |
---|
32 | 32 | | 2retirement board shall increase the accidental disability retirement allowance payable to Brian |
---|
33 | 33 | | 3McPherson, a retired lieutenant deputy sheriff of the Suffolk county sheriff’s department who, as |
---|
34 | 34 | | 4a result of injuries sustained while in the performance of his duties on May 13, 2008, is totally |
---|
35 | 35 | | 5and permanently incapacitated from performing the essential duties of a lieutenant deputy |
---|
36 | 36 | | 6sheriff. |
---|
37 | 37 | | 7 (b) The annual amount of pension payable to Brian McPherson shall be equal to the |
---|
38 | 38 | | 8regular rate of compensation which would have been paid had he continued in service as a |
---|
39 | 39 | | 9lieutenant deputy sheriff of the Suffolk county sheriff’s department at the grade held by him at |
---|
40 | 40 | | 10the time of his retirement until his death or reaching mandatory retirement age, whichever comes 2 of 3 |
---|
41 | 41 | | 11first. AII amounts paid under this act shall be non-taxable to the extent allowable under state and |
---|
42 | 42 | | 12federal law. |
---|
43 | 43 | | 13 (c) Notwithstanding sections 8 and 91A of chapter 32 of the General Laws or any other |
---|
44 | 44 | | 14general or special law to the contrary, Brian McPherson's annual earnings, when added to his |
---|
45 | 45 | | 15retirement allowance, may annually earn up to one-half the amount of his retirement allowance |
---|
46 | 46 | | 16without refund penalty. |
---|
47 | 47 | | 17 (d) Upon attaining the mandatory retirement age for a lieutenant deputy sheriff of the |
---|
48 | 48 | | 18Suffolk county sheriff’s department, Brian McPherson shall receive a pension pursuant to section |
---|
49 | 49 | | 197 of said chapter 32, a yearly amount of pension equal to 80 percent of the annual rate of the |
---|
50 | 50 | | 20compensation he was receiving on the day before he reaches the mandatory retirement age for a |
---|
51 | 51 | | 21lieutenant deputy sheriff of the Suffolk county sheriff’s department. |
---|
52 | 52 | | 22 (e) Notwithstanding any general or special law to the contrary, the benefits granted herein |
---|
53 | 53 | | 23shall be funded and administered by the Boston retirement board, consistent with and subject to |
---|
54 | 54 | | 24said chapter 32. |
---|
55 | 55 | | 25 SECTION 2. Notwithstanding any general or special law to the contrary, Brian |
---|
56 | 56 | | 26McPherson shall be entitled to receive indemnification for all hospital, medical and related |
---|
57 | 57 | | 27expenses that have been or may be incurred after the date of his retirement as a result of the |
---|
58 | 58 | | 28injuries sustained by him while in the performance of his duties on May 13, 2008, in accordance |
---|
59 | 59 | | 29with sections 100 and 100B of chapter 41 of the General Laws. |
---|
60 | 60 | | 30 SECTION 3. Notwithstanding any general or special law to the contrary, the Boston |
---|
61 | 61 | | 31retirement board shall forthwith pay to Brian McPherson the amount credited to him as 3 of 3 |
---|
62 | 62 | | 32accumulated total deductions in the annuity savings fund of the Boston retirement board as of the |
---|
63 | 63 | | 33effective date of this act. |
---|
64 | 64 | | 34 SECTION 4. Notwithstanding any general or special law to the contrary, if Brian |
---|
65 | 65 | | 35McPherson was married upon retirement, upon his death, if he is still married to the spouse he |
---|
66 | 66 | | 36was married to upon retirement then, should his spouse to whom he was married on the date |
---|
67 | 67 | | 37upon retirement survive him, the Boston retirement board shall pay to the spouse an annuity in |
---|
68 | 68 | | 38the amount of 75 percent of the amount of the pension which otherwise would have been payable |
---|
69 | 69 | | 39to Brian McPherson until the spouse's death. The pension benefits provided for in this section |
---|
70 | 70 | | 40and section 1 shall be subject to section 103 of chapter 32 of the General Laws. |
---|
71 | 71 | | 41 SECTION 5. ln the event that both Brian McPherson and his spouse to whom he was |
---|
72 | 72 | | 42married on the date upon retirement die before their children reach the age of 18, the payments |
---|
73 | 73 | | 43that would otherwise have been made to his spouse shall be payable, in equal shares, to each |
---|
74 | 74 | | 44surviving children under the age of 18; provided, however, that payments shall continue for the |
---|
75 | 75 | | 45benefit of a surviving child 18 years or older who, on or before the date of death of Brian |
---|
76 | 76 | | 46McPherson or his spouse to whom he was married on the date upon retirement, whichever is |
---|
77 | 77 | | 47later, had been medically determined to be permanently physically or mentally incapacitated |
---|
78 | 78 | | 48from earning or for the benefit of a child under the age of 22 who is enrolled as a full-time |
---|
79 | 79 | | 49student as determined by the criteria of the educational institution. |
---|
80 | 80 | | 50 SECTION 6. This act shall take effect upon its passage. |
---|