Session Laws

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to immediately facilitate the appointment of firefighters and police officers on eligible lists, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public welfare.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Section 26 of chapter 31 of the General Laws, as appearing in the 1984 Official Edition, is hereby amended by striking out the seventh paragraph and inserting in place thereof the following three paragraphs:-

Notwithstanding any other provisions of this chapter or of any other law, a son or daughter of a firefighter or police officer who passes the required written and physical examination for entrance to the fire or police service shall have his or her name placed in the first position on the eligible list for appointment to such fire or police service if: (1) in the case of a firefighter, such firefighter while in the performance of his duties and as the result of an accident while responding to an alarm of fire or while at the scene of a fire was killed or sustained injuries which resulted in his death; or (2) in the case of a police officer, such police officer while in the performance of his duties and as a result of an assault on his person was killed or sustained injuries which resulted in his death.

Notwithstanding any other provision of this chapter or of any other law, the son or daughter of a firefighter or police officer who passes the required written and physical examination for entrance to the fire or police service shall have his or her name placed on the eligible list for appointment to such fire or police service immediately below the names of disabled veterans as provided for in the first paragraph, provided that said firefighter or police officer has been retired at a yearly amount of pension equal to the regular rate of compensation which he would have been paid had he continued in said service at the grade held at the time of retirement, pursuant to a special act of the legislature in which said firefighter or police officer is determined to be permanently or totally disabled, provided further that (1) in the case of a firefighter, such firefighter while in the performance of his duties and as the result of an accident while responding to an alarm of fire or while at the scene of a fire sustained injuries which resulted in his being permanently and totally disabled; or (2) in the case of a police officer, such police officer while in the performance of his duties and as a result of an assault on his person sustained injuries which resulted in his being permanently and totally disabled. Should more than one applicant be eligible for appointment pursuant to the provisions of this paragraph, said applicants shall be ordered according to their respective standings.

For the purposes of determining the order of persons on eligible lists pursuant to this section, the presumptions created by sections ninety-four and ninety-four A of chapter thirty-two, shall not be applicable to the death or disablement of any firefighter or police officer whose son or daughter is eligible for appointment.

SECTION 2. The provisions of section twenty-six of chapter thirty-one of the General Laws, as amended by section one, shall apply to all appointments made from eligible lists promulgated by the administrator after the effective date of this act.