HOUSE DOCKET, NO. 4195        FILED ON: 4/21/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3759

The Commonwealth of Massachusetts

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PRESENTED BY:

Daniel J. Hunt

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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 regarding the disability pension for Terry Cotton.

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PETITION OF:

HOUSE DOCKET, NO. 4195        FILED ON: 4/21/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3759

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Second General Court
(2021-2022)

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An Act regarding the disability pension for Terry Cotton.

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 the provision of any general or special law or rule or regulation to the contrary, and in order to promote the public good, the State-Boston Retirement Board is hereby authorized and directed to increase the accidental disability retirement allowance payable to Terry Cotton, a retired officer of the City of Boston who, as a result of injuries sustained while in the performance of his duties on August 7, 2013, is totally and permanently disabled from further service as a police officer.

Section 2. The total annual amount of pension payable to Terry Cotton shall be equal to the regular rate of compensation which would have been paid had he continued in service as a police officer of the City of Boston at the grade held by him at the time of his retirement, so long as any income derived by Terry Cotton hereafter is not earned performing a sworn law enforcement function or private security function with similar duties. The additional benefits granted in this act shall be funded and administered by the Boston Retirement Board, consistent with and subject to chapter 32 of the General Laws, except in regard to section 91A of said chapter 32 the limit on the amount that Terry Cotton’s annual earnings, when added to his retirement allowance, may exceed without refund penalty the amount of regular compensation which would have been payable to him if he had continued in service as a police officer in the City of Boston in the grade held by him at the time he was retired, shall be set at $100,000 rather than $15,000. All amounts paid under this shall be nontaxable.

(a) Such increase in retirement shall become effective commencing on the date for which he received an accidental disability retirement from the State-Boston Retirement Board.

(b) Upon enactment, the State-Boston Retirement Board shall forthwith pay to said Terry Cotton the amount credited to him as accumulated total deductions in the annuity savings fund of the State-Boston Retirement Board. Said Terry Cotton shall be entitled to receive indemnification for all hospital, medical and related expenses that have been or may be incurred after the date of his retirement as a result of said injuries, pursuant to the provisions of Chapter 41 of the General Laws.

Section 3. Upon the death of Terry Cotton, should his wife survive him, the State-Boston Retirement Board shall pay her an annuity in the amount of three-fourths of the amount of the pension payable to him, per month, at the time of his death. In the event that both Terry Cotton and his wife die before their children reach the age of eighteen (18) or twenty-two (22), as provided herein, the payments that would otherwise be made to Terry Cotton pursuant to Section 2 shall be payable, in equal shares, to each child under the age of eighteen (18); provided, however, that payments shall continue to the age of twenty-two (22) for any child who is enrolled as a full-time student.

Section 4. This act shall take effect upon passage.