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2 | 2 | | SENATE DOCKET, NO. 795 FILED ON: 1/14/2025 |
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3 | 3 | | SENATE . . . . . . . . . . . . . . No. 1914 |
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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 | | John C. Velis |
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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 relative to Parkinson's disease disability and death in firefighters. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :John C. VelisHampden and HampshireMarcus S. Vaughn9th Norfolk1/23/2025Steven George Xiarhos5th Barnstable1/23/2025Paul K. Frost7th Worcester1/23/2025Hannah Kane11th Worcester1/29/2025John F. KeenanNorfolk and Plymouth1/29/2025Michael D. BradySecond Plymouth and Norfolk1/31/2025Sal N. DiDomenicoMiddlesex and Suffolk1/31/2025Jacob R. OliveiraHampden, Hampshire and Worcester2/11/2025James K. Hawkins2nd Bristol2/11/2025Bruce E. TarrFirst Essex and Middlesex2/28/2025 1 of 3 |
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16 | 16 | | SENATE DOCKET, NO. 795 FILED ON: 1/14/2025 |
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17 | 17 | | SENATE . . . . . . . . . . . . . . No. 1914 |
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18 | 18 | | By Mr. Velis, a petition (accompanied by bill, Senate, No. 1914) of John C. Velis, Marcus S. |
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19 | 19 | | Vaughn, Steven George Xiarhos, Paul K. Frost and other members of the General Court for |
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20 | 20 | | legislation relative to Parkinson's disease disability and death in firefighters. Public Service. |
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21 | 21 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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22 | 22 | | SEE SENATE, NO. 1681 OF 2023-2024.] |
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23 | 23 | | The Commonwealth of Massachusetts |
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24 | 24 | | _______________ |
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25 | 25 | | In the One Hundred and Ninety-Fourth General Court |
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26 | 26 | | (2025-2026) |
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27 | 27 | | _______________ |
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28 | 28 | | An Act relative to Parkinson's disease disability and death in firefighters. |
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29 | 29 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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30 | 30 | | of the same, as follows: |
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31 | 31 | | 1 SECTION 1. Section 26 of chapter 31 of the General Laws as appearing in the 2022 |
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32 | 32 | | 2Official Edition, is hereby amended by striking out, in line 106, the words "and ninety-four B" |
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33 | 33 | | 3and inserting in place thereof the following words: ",ninety-four B and ninety-four C." |
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34 | 34 | | 4 SECTION 2. Chapter 32 of the General Laws are hereby amended by inserting after |
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35 | 35 | | 5section 94B the following section:- |
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36 | 36 | | 6 Section 94C. (1) Notwithstanding the provisions of any general or special law to the |
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37 | 37 | | 7contrary affecting the non-contributory or contributory retirement system, any condition of |
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38 | 38 | | 8impairment of health caused by Parkinson's Disease, resulting in total or partial disability or |
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39 | 39 | | 9death to a uniformed member of a paid fire department, or a member of the state police assigned 2 of 3 |
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40 | 40 | | 10to the fire investigation unit of the department of fire services, or a member of the state police K9 |
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41 | 41 | | 11unit, or to any permanent crash crewman, crash boatman, fire controlman or assistant fire |
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42 | 42 | | 12controlman employed at the General Edward Lawrence Logan International Airport, members of |
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43 | 43 | | 13the 104th fighter wing fire department or members of the Joint Base Cape Cod fire department, |
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44 | 44 | | 14shall, if he successfully passed a physical examination on entry into such service or subsequent |
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45 | 45 | | 15to such entry, which examination failed to reveal any evidence of such condition, be presumed to |
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46 | 46 | | 16have been suffered in the line of duty, unless it is shown by a preponderance of the evidence that |
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47 | 47 | | 17non-service connected risk factors or non-service connected accidents or hazards undergone, or |
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48 | 48 | | 18any combination thereof, caused such incapacity. |
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49 | 49 | | 19 (2) The provisions of this section shall not apply to any person serving in such positions |
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50 | 50 | | 20for fewer than five years at the time that such condition is first discovered, or should have been |
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51 | 51 | | 21discovered. Any person first discovering any such condition prior to or within five years from the |
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52 | 52 | | 22date on which such person has reached the maximum retirement age shall be eligible to apply for |
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53 | 53 | | 23benefits hereunder, and such benefits, if granted, shall be payable as of the date on which the |
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54 | 54 | | 24employee last received regular compensation. The provisions of this section shall not apply to |
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55 | 55 | | 25any person serving in such position unless such person shall first establish that he has regularly |
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56 | 56 | | 26responded to calls of fire or their investigation at the scene during some portion of the period of |
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57 | 57 | | 27his service in such position. |
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58 | 58 | | 28 (3) Nothing herein shall preclude a member from applying for and receiving benefits |
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59 | 59 | | 29under section seven or section nine, subject to the provisions of said sections. 3 of 3 |
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60 | 60 | | 30 SECTION 3. Section 100 of chapter 32 of the General Laws as appearing in the 2022 |
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61 | 61 | | 31Official Edition, is hereby amended by striking out, in line 79, the words "and ninety-four B" and |
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62 | 62 | | 32inserting in place thereof the following words: ",ninety-four B and ninety-four C." |
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63 | 63 | | 33 SECTION 4.Section 100A of chapter 32 of the General Laws as appearing in the 2022 |
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64 | 64 | | 34Official Edition, is hereby amended by striking out, in line 34, the words "and 94B" and inserting |
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65 | 65 | | 35in place thereof the following words: ",94B and 94C." |
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66 | 66 | | 36 SECTION 5. The provisions of section two shall not be construed to affect the |
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67 | 67 | | 37interpretation of the provisions of sections ninety-four, ninety-four A or ninety-four B of chapter |
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68 | 68 | | 38thirty-two of the General Laws. |
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69 | 69 | | 39 SECTION 6. The provisions of this act shall be effective in every retirement system |
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70 | 70 | | 40established by or operating under the provisions of chapter thirty-two of the General Laws or |
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71 | 71 | | 41under the similar provisions of any other general or special law, and for every governmental unit |
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72 | 72 | | 42which is a member of such retirement system, notwithstanding the provisions of section twenty- |
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73 | 73 | | 43seven C of chapter twenty-nine of the General Laws. |
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74 | 74 | | 44 SECTION 7. The provisions of this act shall apply only to a person actively employed as |
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75 | 75 | | 45a uniformed member of a paid fire department, or a member of the state police assigned to the |
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76 | 76 | | 46fire investigation unit of the department of fire services, or a member of the state police K9 unit, |
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77 | 77 | | 47or to any permanent crash crewman, crash boatman, fire controlman or assistant fire controlman |
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78 | 78 | | 48employed at the General Edward Lawrence Logan International Airport, members of the 104th |
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79 | 79 | | 49fighter wing fire department or members of the Joint Base Cape Cod fire department on or after |
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80 | 80 | | 50the date exactly 5 years prior to the date this law becomes effective. |
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