Bill H.4387

Section 1. Notwithstanding the provisions of any general or special law to the contrary, Jennifer O. Brown, a patrol officer in the police department of the town of Monterey, may continue in such office or position until she reaches age 70; provided, however, that she is mentally and physically capable of performing the duties of her office or position; and provided, further, that she shall hold said office subject to the approval of or removal by the appointing authority. The appointing authority may, at its own expense, require said Jennifer O. Brown to be examined by the retirement board of the Berkshire County Retirement System to determine her capability for continued service. Deductions shall continue to be made from the regular compensation of said Jennifer O. Brown under the provisions of chapter 32 of the General Laws for any service performed between age 65 and 70, and upon retirement said Jennifer O. Brown shall receive a superannuation allowance, or a veteran's pension allowance, as applicable, equal to that appropriate for her full years of creditable service, including any such actual service between age 65 and 70. Should said Jennifer O. Brown be determined to be not capable of continuing in service pursuant to an examination by an impartial physician as provided for in this act, she shall be retired for superannuation, and shall not be presumed by virtue of such determination to be disabled for the purposes of said chapter 32.

Section 2. This act shall take effect upon its passage.

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