SENATE DOCKET, NO. 1804        FILED ON: 4/4/2013

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1765

The Commonwealth of Massachusetts

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PRESENTED BY:

Thomas M. McGee

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to the adjustment of disability retirement benefits payable to Lynn police officer Gregory LeBlanc.

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PETITION OF:

SENATE DOCKET, NO. 1804        FILED ON: 4/4/2013

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1765

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 2297 OF 2011-2012.]

The Commonwealth of Massachusetts

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In the Year Two Thousand Thirteen

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An Act relative to the adjustment of disability retirement benefits payable to Lynn police officer Gregory LeBlanc.

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 and in order to promote the public good, the Retirement Board of the City of Lynn, shall adjust the annual amount of pension payable to Gregory LeBlanc, a Police Officer employed by the City of Lynn who, while responding to a report of gun violence at a public park sustained injuries which likely could have resulted in his death. The annual amount of pension payable to Gregory LeBlanc under this Act shall be fixed in an amount equal to the regular rate of compensation which would have been paid had he continued in service as a Police Officer in the City at the grade held by him at the time of his retirement; provided, however, that (1) after he has attained the maximum age for this group, his retirement shall be converted to the superannuation retirement benefit calculated under provisions in Section 5 of chapter 32 of the General Laws, treating his retirement years as creditable service for determining the amount of his benefits and (2) the retirement allowances payable to him after he has attained the maximum age for his group shall be increased in the manner provided to all retirees of the town under Chapter 32 of the General Laws.

SECTION 2. Before taking action under authority of this Act, the Retirement Board of the City of Lynn shall review the existing medical records and other relevant information concerning Gregory LeBlanc. The Retirement Board of the City of Lynn shall approve a pension for Gregory Leblanc upon its conclusion that Gregory LeBlanc is physically incapacitated for further duty as a Police Officer, that the incapacity is likely to be permanent and that the injuries could have likely resulted in his premature death. The retirement shall become effective as of the date following the last day on which he is entitled to receive regular compensation. Upon the retirement of Gregory LeBlanc, the Retirement Board of the City of Lynn shall forthwith pay to him all amounts standing to his credit in the annuity savings fund of the retirement system of the town. Upon the approval of the pension provided for herein and notwithstanding any general or special law to the contrary, including, but not limited to, Section 8 of Chapter 32 of the General Laws, Gregory LeBlanc shall not be subject to examination or to re-examination by a medical panel or other physician to determine his eligibility or continued eligibility for accidental disability retirement benefits as provided in this Section or in said Section 8 of said Chapter 32.

SECTION 3. Gregory LeBlanc shall be eligible for health insurance through the City of Lynn on the same basis as all other retirees and shall be responsible for the retirees’ share of all premiums.

SECTION 4. Gregory LeBlanc shall not have his retirement allowance subject to modification as a result of earnings from alternative employment; provided, however, that he shall be required to submit earnings reports to PERAC under Section 91A of Chapter 32 of the General Laws. Gregory LeBlanc shall be subject to the limitation of earnings formula as set forth in said Section 91A of said Chapter 32, with the ability to earn the amount described in said Section 91A of said Chapter 32. If he earns in excess of the allowable amount, PERAC shall inform him of the excess amount earned and the amount owed by him to the Retirement Board of the City of Lynn. PERAC shall, in its discretion, require repayment of that amount to the Retirement Board or may withhold amounts as it deems appropriate from future retirement allowance payments until the amounts owed to the Retirement Board have been paid in full.

SECTION 5. The retirement allowance payable pursuant to this act shall remain subject to all other provisions of Chapter 32 of the General Laws as if they had been granted as accidental disability retirements in the normal course of events under said Chapter 32, except to the extent that said Chapter 32 conflicts with this act.

SECTION 6. This act shall take effect upon its passage.