Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H3978 Compare Versions

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22 HOUSE DOCKET, NO. 4440 FILED ON: 2/20/2025
33 HOUSE . . . . . . . . . . . . . . . No. 3978
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Alyson M. Sullivan-Almeida and Michael D. Brady
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act Lieutenant Deputy Sheriff Brian McPherson disability pension.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :DATE ADDED:Alyson M. Sullivan-Almeida7th Plymouth2/20/2025 1 of 3
1616 HOUSE DOCKET, NO. 4440 FILED ON: 2/20/2025
1717 HOUSE . . . . . . . . . . . . . . . No. 3978
1818 By Representative Sullivan-Almeida of Abington and Senator Brady, a joint petition
1919 (accompanied by bill, House, No. 3978) of Alyson M. Sullivan-Almeida (with the approval of
2020 the mayor and city council) that the Boston Retirement Board be authorized to retire Brian C.
2121 McPherson, an employee of the Suffolk County Sheriff’s Department. Public Service. [Local
2222 Approval Received.]
2323 The Commonwealth of Massachusetts
2424 _______________
2525 In the One Hundred and Ninety-Fourth General Court
2626 (2025-2026)
2727 _______________
2828 An Act Lieutenant Deputy Sheriff Brian McPherson disability pension.
2929 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
3030 of the same, as follows:
3131 1 SECTION 1. (a) Notwithstanding any general or special law to the contrary, the Boston
3232 2retirement board shall increase the accidental disability retirement allowance payable to Brian
3333 3McPherson, a retired lieutenant deputy sheriff of the Suffolk county sheriff’s department who, as
3434 4a result of injuries sustained while in the performance of his duties on May 13, 2008, is totally
3535 5and permanently incapacitated from performing the essential duties of a lieutenant deputy
3636 6sheriff.
3737 7 (b) The annual amount of pension payable to Brian McPherson shall be equal to the
3838 8regular rate of compensation which would have been paid had he continued in service as a
3939 9lieutenant deputy sheriff of the Suffolk county sheriff’s department at the grade held by him at
4040 10the time of his retirement until his death or reaching mandatory retirement age, whichever comes 2 of 3
4141 11first. AII amounts paid under this act shall be non-taxable to the extent allowable under state and
4242 12federal law.
4343 13 (c) Notwithstanding sections 8 and 91A of chapter 32 of the General Laws or any other
4444 14general or special law to the contrary, Brian McPherson's annual earnings, when added to his
4545 15retirement allowance, may annually earn up to one-half the amount of his retirement allowance
4646 16without refund penalty.
4747 17 (d) Upon attaining the mandatory retirement age for a lieutenant deputy sheriff of the
4848 18Suffolk county sheriff’s department, Brian McPherson shall receive a pension pursuant to section
4949 197 of said chapter 32, a yearly amount of pension equal to 80 percent of the annual rate of the
5050 20compensation he was receiving on the day before he reaches the mandatory retirement age for a
5151 21lieutenant deputy sheriff of the Suffolk county sheriff’s department.
5252 22 (e) Notwithstanding any general or special law to the contrary, the benefits granted herein
5353 23shall be funded and administered by the Boston retirement board, consistent with and subject to
5454 24said chapter 32.
5555 25 SECTION 2. Notwithstanding any general or special law to the contrary, Brian
5656 26McPherson shall be entitled to receive indemnification for all hospital, medical and related
5757 27expenses that have been or may be incurred after the date of his retirement as a result of the
5858 28injuries sustained by him while in the performance of his duties on May 13, 2008, in accordance
5959 29with sections 100 and 100B of chapter 41 of the General Laws.
6060 30 SECTION 3. Notwithstanding any general or special law to the contrary, the Boston
6161 31retirement board shall forthwith pay to Brian McPherson the amount credited to him as 3 of 3
6262 32accumulated total deductions in the annuity savings fund of the Boston retirement board as of the
6363 33effective date of this act.
6464 34 SECTION 4. Notwithstanding any general or special law to the contrary, if Brian
6565 35McPherson was married upon retirement, upon his death, if he is still married to the spouse he
6666 36was married to upon retirement then, should his spouse to whom he was married on the date
6767 37upon retirement survive him, the Boston retirement board shall pay to the spouse an annuity in
6868 38the amount of 75 percent of the amount of the pension which otherwise would have been payable
6969 39to Brian McPherson until the spouse's death. The pension benefits provided for in this section
7070 40and section 1 shall be subject to section 103 of chapter 32 of the General Laws.
7171 41 SECTION 5. ln the event that both Brian McPherson and his spouse to whom he was
7272 42married on the date upon retirement die before their children reach the age of 18, the payments
7373 43that would otherwise have been made to his spouse shall be payable, in equal shares, to each
7474 44surviving children under the age of 18; provided, however, that payments shall continue for the
7575 45benefit of a surviving child 18 years or older who, on or before the date of death of Brian
7676 46McPherson or his spouse to whom he was married on the date upon retirement, whichever is
7777 47later, had been medically determined to be permanently physically or mentally incapacitated
7878 48from earning or for the benefit of a child under the age of 22 who is enrolled as a full-time
7979 49student as determined by the criteria of the educational institution.
8080 50 SECTION 6. This act shall take effect upon its passage.