HOUSE DOCKET, NO. 1670        FILED ON: 1/19/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1455

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

John C. Velis and Sean Garballey

_________________

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 Parkinson's disease disability and death in firefighters.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

John C. Velis

4th Hampden

1/19/2017

Sean Garballey

23rd Middlesex

1/23/2017

Colleen M. Garry

36th Middlesex

3/20/2018

Aaron Vega

5th Hampden

3/20/2018

Frank A. Moran

17th Essex

3/20/2018

Angelo J. Puppolo, Jr.

12th Hampden

3/20/2018

José F. Tosado

9th Hampden

3/20/2018

Barbara A. L'Italien

Second Essex and Middlesex

3/20/2018

Diana DiZoglio

14th Essex

3/20/2018

James J. Dwyer

30th Middlesex

3/20/2018

David Paul Linsky

5th Middlesex

3/20/2018

Josh S. Cutler

6th Plymouth

3/20/2018

Marjorie C. Decker

25th Middlesex

3/20/2018

Donald F. Humason, Jr.

Second Hampden and Hampshire

3/20/2018

Patrick M. O'Connor

Plymouth and Norfolk

3/20/2018

Joseph W. McGonagle, Jr.

28th Middlesex

2/1/2017

James Arciero

2nd Middlesex

2/3/2017

Michael D. Brady

Second Plymouth and Bristol

2/3/2017

Daniel Cahill

10th Essex

2/1/2017

Thomas J. Calter

12th Plymouth

2/1/2017

Kate D. Campanale

17th Worcester

2/3/2017

Linda Dean Campbell

15th Essex

2/2/2017

James M. Cantwell

4th Plymouth

1/31/2017

Gerard Cassidy

9th Plymouth

2/1/2017

Claire D. Cronin

11th Plymouth

2/3/2017

Daniel Cullinane

12th Suffolk

2/2/2017

David F. DeCoste

5th Plymouth

2/2/2017

Viriato M. deMacedo

Plymouth and Barnstable

2/3/2017

Michelle M. DuBois

10th Plymouth

1/31/2017

Lori A. Ehrlich

8th Essex

1/31/2017

Kimberly N. Ferguson

1st Worcester

2/3/2017

Thomas A. Golden, Jr.

16th Middlesex

2/3/2017

Kenneth I. Gordon

21st Middlesex

2/1/2017

Danielle W. Gregoire

4th Middlesex

2/1/2017

Paul R. Heroux

2nd Bristol

2/1/2017

Natalie Higgins

4th Worcester

2/3/2017

Steven S. Howitt

4th Bristol

2/3/2017

Kay Khan

11th Middlesex

2/3/2017

Peter V. Kocot

1st Hampshire

1/31/2017

Robert M. Koczera

11th Bristol

2/1/2017

Eric P. Lesser

First Hampden and Hampshire

2/3/2017

Paul W. Mark

2nd Berkshire

2/3/2017

Christopher M. Markey

9th Bristol

2/2/2017

Joseph D. McKenna

18th Worcester

1/31/2017

Paul McMurtry

11th Norfolk

2/1/2017

Rady Mom

18th Middlesex

2/3/2017

David K. Muradian, Jr.

9th Worcester

2/3/2017

Mathew Muratore

1st Plymouth

2/3/2017

Brian Murray

10th Worcester

2/3/2017

David M. Nangle

17th Middlesex

2/3/2017

James J. O'Day

14th Worcester

2/1/2017

Jerald A. Parisella

6th Essex

2/2/2017

Jeffrey N. Roy

10th Norfolk

2/3/2017

Daniel J. Ryan

2nd Suffolk

1/31/2017

Paul Tucker

7th Essex

2/3/2017

Steven Ultrino

33rd Middlesex

2/2/2017

James T. Welch

Hampden

2/3/2017

Susannah M. Whipps

2nd Franklin

2/3/2017

Jonathan D. Zlotnik

2nd Worcester

2/3/2017

 



HOUSE DOCKET, NO. 1670        FILED ON: 1/19/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1455

By Messrs. Velis of Westfield and Garballey of Arlington, a petition (accompanied by bill, House, No. 1455) of John C. Velis, Sean Garballey and others relative to Parkinson's disease disability and death of certain firefighters and other public safety officers in the contributory retirement plan for public employees.  Public Service.

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninetieth General Court
(2017-2018)

_______________

 

An Act relative to Parkinson's disease disability and death in firefighters.

 

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 2014 Official Edition, is hereby amended by striking out, in line 106, the words "and ninety-four B" and inserting in place thereof the following words:

",ninety-four B and ninety-four C."

SECTION 2. Chapter 32 of the General Laws are hereby amended by inserting after section 94B the following section:-

Section 94C. (1) Notwithstanding the provisions of any general or special law to the contrary affecting the non-contributory or contributory retirement system, any condition of impairment of health caused by Parkinson's Disease, resulting in total or partial disability or death to a uniformed member of a paid fire department, or a member of the state police assigned to the fire investigation unit of the department of fire services, or a member of the state police K9 unit, or to any permanent crash crewman, crash boatman, fire controlman or assistant fire controlman employed at the General Edward Lawrence Logan International Airport, members of the 104th fighter wing fire department or members of the Joint Base Cape Cod fire department, shall, if he successfully passed a physical examination on entry into such service or subsequent to such entry, which examination failed to reveal any evidence of such condition, be presumed to have been suffered in the line of duty, unless it is shown by a preponderance of the evidence that non-service connected risk factors or non-service connected accidents or hazards undergone, or any combination thereof, caused such incapacity.

(2) The provisions of this section shall not apply to any person serving in such positions for fewer than five years at the time that such condition is first discovered, or should have been discovered. Any person first discovering any such condition prior to or within five years from the date on which such person has reached the maximum retirement age shall be eligible to apply for benefits hereunder, and such benefits, if granted, shall be payable as of the date on which the employee last received regular compensation. The provisions of this section shall not apply to any person serving in such position unless such person shall first establish that he has regularly responded to calls of fire or their investigation at the scene during some portion of the period of his service in such position.

(3) Nothing herein shall preclude a member from applying for and receiving benefits under section seven or section nine, subject to the provisions of said sections.

SECTION 3. Section 100 of chapter 32 of the General Laws as appearing in the 2014 Official Edition, is hereby amended by striking out, in line 79, the words "and ninety-four B" and inserting in place thereof the following words:

",ninety-four B and ninety-four C."

SECTION 4.Section 100A of chapter 32 of the General Laws as appearing in the 2014 Official Edition, is hereby amended by striking out, in line 34, the words "and 94B" and inserting in place thereof the following words:

",94B and 94C."

SECTION 5. The provisions of section two shall not be construed to affect the interpretation of the provisions of sections ninety-four, ninety-four A or ninety-four B of chapter thirty-two of the General Laws.

SECTION 6. The provisions of this act shall be effective in every retirement system established by or operating under the provisions of chapter thirty-two of the General Laws or under the similar provisions of any other general or special law, and for every governmental unit which is a member of such retirement system, notwithstanding the provisions of section twenty-seven C of chapter twenty-nine of the General Laws.

SECTION 7. The provisions of this act shall apply only to a person actively employed as a uniformed member of a paid fire department, or a member of the state police assigned to the fire investigation unit of the department of fire services, or a member of the state police K9 unit, or to any permanent crash crewman, crash boatman, fire controlman or assistant fire controlman employed at the General Edward Lawrence Logan International Airport, members of the 104th fighter wing fire department or members of the Joint Base Cape Cod fire department on or after the date exactly 5 years prior to the date this law becomes effective.