SECTION 1. Notwithstanding chapter 32 of the General Laws or any other general or special law to the contrary, all permanent and call firefighters employed by the town of Merrimac, including the fire chief and any deputy fire chief, may continue in service beyond the age of 65; provided, however, that each such fighter remains physically and mentally capable of performing the duties of firefighter.  In no event shall any such permanent or call firefighter remain in service beyond the age of 70.

SECTION 2. The town of Merrimac may require, at its discretion, each permanent or call firefighter who desires to remain in service beyond the age of 65 to undergo examination by an impartial physician, designated by the town, to determine the firefighter’s fitness to remain in service.  Such examination shall be at the expense of the permanent or call firefighter. 

SECTION 3. No deductions shall be made from the regular compensation of a permanent or call firefighter pursuant to chapter 32 of the General Laws for any service performed by such firefighter subsequent to reaching the age of 65.  Upon the retirement of such permanent or call firefighter, the firefighter shall receive a superannuation retirement allowance equal to that to which the firefighter would have been entitled upon retirement at age 65, if any.

SECTION 4. This act shall not entitle any permanent or call firefighter to remain in service to the town of Merrimac if otherwise removed or suspended from office in accordance with applicable laws, rules and regulations.

SECTION 5. This act shall take effect upon its passage.