SENATE DOCKET, NO. 804        FILED ON: 1/15/2015

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1438

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

James E. Timilty

_________________

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 line of duty death benefits.

_______________

PETITION OF:

SENATE DOCKET, NO. 804        FILED ON: 1/15/2015

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1438

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 1299 OF 2013-2014.]

The Commonwealth of Massachusetts

_______________

In the One Hundred and Eighty-Ninth General Court
(2015-2016)

_______________

An Act relative to line of duty death benefits.

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 16 of chapter 15A of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out the ninth paragraph and inserting in place thereof the following 3 paragraphs:-

There shall be a Public Service Scholarship Program to provide scholarships for tuition at a public or independent institution of higher education in the commonwealth to pursue undergraduate studies. The following individuals shall be eligible for the Public Service Scholarship Program: (i) children and widowed spouses of a deceased public safety employee, as defined in section 100A of chapter 32, who, while in the performance of the public safety employee’s duties and as a result of incident, accident or violence, was killed or sustained injuries that were the direct and proximate cause of the employee’s death, including authorized training duty; (ii) children of prisoners of war or military or service persons missing in action in Southeast Asia whose wartime service is credited to the commonwealth and whose service was between February 1, 1955 and the termination of the Vietnam campaign; and (iii) surviving children of a veteran, as defined in section 7 of chapter 4, whose service was credited to the commonwealth and who was killed in action or otherwise died as a result of such service. The scholarships shall be awarded by the council pursuant to its guidelines established to govern this program. The council shall determine the value of the scholarships.

Upon admittance for undergraduate studies at a public institution of higher education as provided in section 5, an eligible surviving child as described in the preceding paragraph shall be entitled to a full scholarship for student charges due for tuition, mandatory fees and room and board for on-campus housing during the period of attendance subject to any restrictions established by the program, provided, however, that the child shall also complete and submit a free application for federal student aid and accept any federal grants awarded through the application. Any full scholarship shall be reduced by the amount of federal grants awarded to the child.

A full scholarship through the program shall only be allowed for any period that the eligible surviving child is enrolled as a full-time student at a qualifying public institution of higher education. No child shall receive a full scholarship through the program if: (a) the child has previously been awarded a degree from a public or private college, university or other institution of higher education; (b) the child fails to maintain satisfactory academic progress during the child’s attendance at a qualifying public institution of higher education after receiving a full scholarship; or (c) the deceased parent was not a resident of the commonwealth at the time of entry or continuance into active and full-time military service or service as a public safety employee. The council shall establish general guidelines and regulations for the application and administration of full scholarships at qualifying public institutions of higher education.

SECTION 2. Section 19½ of said chapter 15A is hereby repealed.

SECTION 3. Section 100A of chapter 32 of the General Laws is hereby amended by inserting after the figure "15A", in line 18, as appearing in the 2012 Official Edition, the following words:- , any deputy sheriff.

SECTION 4. Section 1 of this act shall take effect for the 2015-2016 school year.