FILED ON: 4/21/2020

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4666

The Commonwealth of Massachusetts

_______________

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

_______________

An Act relative to the disability retirement of Ryan Moore and Donald Demiranda, police officers in the town of Falmouth.

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. (a) Notwithstanding any general or special law to the contrary and in order to promote the public good, the retirement board of the town of  Falmouth shall retire Ryan Moore, a police officer in the police department of the town , who was injured in the line of duty and, as a result, is permanently incapacitated from performing the essential duties of a police officer; provided, however, that the provisions of subdivision (2) of section 8 of chapter 32 of the General Laws shall apply as of the date of Ryan Moore’s retirement pursuant to this act. The retirement benefits shall be paid and administered in accordance with section 7 of chapter 32 of the General Laws. Upon retirement, Ryan Moore shall receive a lump sum payment from the retirement board equal to his total accumulated retirement deductions.

(b) The annual amount of pension payable to Ryan Moore shall be equal to the regular rate of compensation which would have been payable to him had he continued in service as a police officer at the grade held by him at the time of his retirement. The payments shall continue until his death or until he reaches age 65, whichever first occurs. The retirement shall become effective commencing on the date immediately following the final day for which Ryan Moore received regular compensation for such employment. The additional benefits granted in this act shall be funded and administered by the retirement board of the town of Falmouth , consistent with and subject to said chapter 32 except that sections 8 and 91A of said chapter 32 shall not apply . All amounts paid under this act shall be nontaxable to the extent allowable under state law. 

(c) Upon attaining age 65, Ryan Moore shall receive a pension pursuant to section 7 of said chapter 32, the yearly amount of which shall be equal to 80 per cent of the average annual amount of pension paid to him in the previous 12 months.

(d) If Ryan Moore is married at the time of his retirement, then, upon his death, said retirement board shall pay his surviving spouse if then living, a pension, payable in monthly installments in the amount of 75 per cent of the annualized amount of the pension payable to Ryan Moore on the date of his death. The pension benefits provided for in this subsection and subsection (c) shall be subject to section 103 of said chapter 32.

(e) Ryan Moore shall be indemnified by the town of Falmouth for hospital, medical and other healthcare expenses related to treatment of injuries sustained while in the line of duty on July 27, 2018, not otherwise covered by health insurance.

SECTION 2. (a) Notwithstanding any general or special law to the contrary and in order to promote the public good, the retirement board of the town of Falmouth shall retire Donald Demiranda, a police officer in the  police department of the town , who was injured in the line of duty and, as a result, is permanently incapacitated from performing the essential duties of a police officer; provided, however, that the provisions of subdivision (2) of section 8 of chapter 32 of the General Laws shall apply as of the date of Donald Demiranda’s retirement pursuant to this act. The retirement benefits shall be paid and administered in accordance with section 7 of chapter 32 of the General Laws. Upon retirement, Donald Demiranda shall receive a lump sum payment from the retirement board equal to his total accumulated retirement deductions.

(b) The annual amount of pension payable to Donald Demiranda shall be equal to the regular rate of compensation which would have been payable to him had he continued in service as a police officer at the grade held by him at the time of his retirement. The payments shall continue until his death or until he reaches age 65, whichever first occurs. The retirement shall become effective commencing on the date immediately following the final day for which Donald Demiranda received regular compensation for such employment. The additional benefits granted in this act shall be funded and administered by the retirement board of the town of Falmouth, consistent with and subject to said chapter 32 except that sections 8 and 91A of said chapter 32 shall not apply. All amounts paid under this act shall be nontaxable to the extent allowable under state law. 

(c) Upon attaining age 65, Donald Demiranda shall receive a pension pursuant to section 7 of said chapter 32, the yearly amount of which shall be equal to 80 per cent of the average annual amount of pension paid to him in the previous 12 months.

(d) If Donald Demiranda is married at the time of his retirement, then, upon his death, said retirement board shall pay his surviving spouse if then living, a pension, payable in monthly installments in the amount of 75 per cent of the annualized amount of the pension payable to Donald Demiranda on the date of his death. The pension benefits provided for in this subsection and subsection (c) shall be subject to section 103 of said chapter 32.

(e) Donald Demiranda shall be indemnified by the town of Falmouth for hospital, medical and other healthcare expenses related to treatment of injuries sustained while in the line of duty on July 27, 2018 not otherwise covered by health insurance.

SECTION 3. The payments provided for in this act shall only be made when Donald Demiranda and Ryan Moore have been examined by a medical panel, pursuant to section 6 of said chapter 32, in which a majority of the physicians have certified to the retirement board of Falmouth that the member is mentally or physically incapacitated from further duty and that such incapacity is likely to be permanent, and that the disability is such as might be the natural and proximate result of the accident or hazard undergone on account of which retirement is claimed; provided, however, that the public employee retirement administration commission may, upon request, waive such examination if the member has already been approved by a medical panel and the board and is receiving a disability benefit as of the effective date of this act. The commission shall promptly notify the retirement board of Falmouth of such waiver.”

SECTION 4. This act shall take effect upon its passage.