SENATE . . . . . . . . . . . . . . No. 2763
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The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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SENATE, May 6, 2024.
The committee on Public Service, to whom was referred the petitions (accompanied by bill, Senate, No. 1738) of Walter F. Timilty, Bruce J. Ayers, Michael D. Brady and William J. Driscoll, Jr. (by vote of the town) for legislation relative to the disability retirement of Casey L'Italien, a police officer in the city known as the town of Randolph, report the accompanying bill (Senate, No. 2763).
For the committee,
Michael D. Brady
FILED ON: 5/2/2024
SENATE . . . . . . . . . . . . . . No. 2763
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The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act relative to the disability retirement of Casey L'Italien, a police officer in the city known as the town of Randolph.
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. the Norfolk County Retirement Board shall increase the accidental disability retirement allowance payable to Casey L'Italien, a retired police officer of the police department of the town of Randolph who, as a result of injuries sustained while in the performance of her duties on May 25, 2021, is totally and permanently incapacitated from performing the essential duties of a police officer.
(b) The annual amount of pension payable to Casey L'Italien shall be equal to the regular rate of compensation which would have been paid had she continued in service as a police officer of the town of Randolph at the grade held by her at the time of her retirement until her death or reaching mandatory retirement age, whichever comes first. All amounts paid under this act shall be non-taxable to the extent allowable under state and federal law.
(c) Notwithstanding section 91A of chapter 32 of the General Laws or any other general or special law to the contrary, Casey L'Italien's annual earnings, when added to her retirement allowance, may annually earn up to one-half the amount of her retirement allowance without refund penalty.
(d) Upon attaining the mandatory retirement age for a police officer of the town of Randolph, Casey L'Italien shall receive a pension pursuant to section 7 of said chapter 32, a yearly amount of pension equal to 80 per cent of the annual rate of the compensation she was receiving on the day before she reaches the mandatory retirement age for a police officer in the town of Randolph.
SECTION 2. Notwithstanding any general or special law to the contrary, Casey L'Italien shall be entitled to receive indemnification for all hospital, medical and related expenses that have been or may be incurred after the date of her retirement as a result of the injuries sustained by her while in the performance of her duties on May 25, 2021, in accordance with sections 100 and 100B of chapter 41 of the General Laws.
SECTION 3. Notwithstanding any general or special law to the contrary, the Norfolk County Retirement Board shall forthwith pay to said Casey L'Italien the amount credited to her as accumulated total deductions in the annuity savings fund of the Norfolk County Retirement Board as of the effective date of this act.
SECTION 4. Notwithstanding any general or special law to the contrary, if Casey L'Italien was married on the date of her injury then, upon her death, if she is still married to the spouse she was married to on the date of injury then, should her spouse to whom she was married on the date of injury survive her, the Norfolk County Retirement Board shall pay to the spouse an annuity in the amount of 75 per cent of the amount of the pension which otherwise would have been payable to Casey L'Italien until the spouse's death. The pension benefits provided for in this section and section 1 shall be subject to section 103 of chapter 32 of the General Laws.
SECTION 5. In the event that both Casey L'Italien and her spouse to whom she was married on the date of injury die before their children reach the age of eighteen the payments that would otherwise have been made to her spouse shall be payable, per stirpes, to each surviving children under the age of 18; provided, however, that payments shall continue for the benefit of a surviving child 18 years or older who, on or before the date of death of Casey L'Italien or her spouse to whom she was married on the date of injury, whichever is later, had been medically determined to be permanently physically or mentally incapacitated from earning or for the benefit of a child under the age of 22 who is enrolled as a full-time student as determined by the criteria of the educational institution.
SECTION 6. This act shall take effect upon its passage.