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The 191st General Court of the Commonwealth of Massachusetts

AN ACT RELATIVE TO THE DISABILITY RETIREMENT OF PUBLIC SAFETY PERSONNEL IN THE CITY OF QUINCY.

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.  Notwithstanding any general or special law to the contrary, the Quincy retirement board shall apply the presumptions afforded by sections 94, 94A and 94B of chapter 32 of the General Laws to certain public safety personnel in the city of Quincy who apply for accidental disability retirement pursuant to section 7 of said chapter 32.

SECTION 2.  The presumptions referenced in section 1 shall be available to any member of the Quincy fire department or Quincy police department who responded to and performed public safety duties at the Home Depot fires on May 23, 1995 and May 24, 1995.

SECTION 3.  The presumptions referenced in section 1 shall be available to any member of the Quincy fire department or Quincy police department who responded to and performed public safety duties at the fire and explosion at the MWRA water treatment plant on January 25, 26 and 27 of 2016.

SECTION 4.  Any member of the Quincy fire department or Quincy police department who is eligible pursuant to section 2 or 3, and who becomes disabled due to a cardiac, pulmonary or cancer condition while still an active member or within 5 years following attaining maximum age, shall be eligible to apply for accidental disability retirement.

SECTION 5.  The effective retirement date for a member who retires pursuant to this act shall be as follows: (i) if active, the effective retirement date shall be in accordance with the provisions of section 7 of chapter 32 of the General Laws; and (ii) if retired, the effective retirement date shall be the date the member is first diagnosed with such cardiac, pulmonary or cancer condition.

SECTION 6.  The presumptions referenced in section 1, shall be available in the case of an application for accidental death benefits filed pursuant to section 9 of chapter 32 of the General Laws, provided, however, that the deceased member met the eligibility requirements set forth in sections 2, 3 or 4.

Approved, October 31, 2018.