HOUSE DOCKET, NO. 1423        FILED ON: 1/16/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2378

The Commonwealth of Massachusetts

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PRESENTED BY:

John C. Velis and Sean Garballey

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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 Parkinson's disease disability and death in firefighters.

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PETITION OF:

HOUSE DOCKET, NO. 1423        FILED ON: 1/16/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2378

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1455 OF 2017-2018.]

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-First General Court
(2019-2020)

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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.