SECTION 1. Notwithstanding any general or special law to the contrary, Michael Marchand, the chief of the fire department of the town of Upton, may continue to serve in such position until he reaches the age of 70, the date of his retirement or the date he is relieved of his duties by the select board or town manager, at their discretion, whichever occurs first; provided, however, that he is mentally and physically capable of performing the duties of his office. The select board or town manager may, at the town's expense, require that Michael Marchand be examined annually by a physician designated by the select board or town manager to determine his physical and mental capability to perform the duties of his office.

 SECTION 2. No further deductions shall be made from the regular compensation of Michael Marchand pursuant to chapter 32 of the General Laws for any service performed subsequent to him reaching the age of 65. Upon his retirement for superannuation, Michael Marchand shall receive a superannuation retirement allowance equal to the allowance that he would have been entitled to receive had he retired upon reaching age 65.

 SECTION 3. This act shall take effect upon its passage.