Bill HD.6374

 SECTION 1. Notwithstanding the provisions of any general or special law to the contrary, the Lowell Retirement Board is hereby authorized and directed to retire Vincent Fernandez, a Police Sergeant of the City of Lowell, MA., who, as a result of injuries sustained while in the performance of his duties on June 4, 2016, is totally and permanently incapacitated from performing the essential duties of a police officer.

 The annual amount of pension payable to Vincent Fernandez shall be fixed in an amount equal to the regular rate of compensation which would have been paid had he continued in service as a police sergeant of the city of Lowell at the grade held by him at the time of his retirement up until his death or reaching mandatory retirement age whichever comes first. The additional benefits granted herein shall be funded and administered by the Lowell Retirement Board, consistent with and subject to chapter 32 of the General Laws, except that sections 8 and 91A of Chapter 32 of the General Laws shall not apply however all amounts paid hereunder shall be non-taxable.

 Upon attaining the mandatory retirement age for a Lowell patrol officer, Vincent Fernandez shall receive a pension pursuant to section 7 of chapter 32 of the General Laws, a yearly amount of pension equal to eighty (80) per cent of the annual rate of the compensation he was receiving on the day before he reaches the mandatory retirement age for a Lowell patrol officer.

 SECTION 2. Vincent Fernandez 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 the injuries sustained by him while in the performance of his duties on June 4, 2016, according to the provisions of section 100 and section 100B of chapter 41 of the General Laws.

 SECTION 3. In addition to the benefits granted herein and upon retirement, Vincent Fernandez shall receive a lump sum from the Lowell Retirement Board equal to his total accumulated retirement deductions.

 SECTION 4. If Vincent Fernandez is married at the time of retirement, then upon his death, should his wife Amy Fernandez survive him, the Lowell Retirement Board shall pay to her an annuity in the amount of three-fourths of the amount of the pension which would have been otherwise payable to him until her death. The pension shall be subject to section 103 of chapter 32 of the General Laws.

 SECTION 5. In the event that both Vincent Fernandez and his wife, Amy, 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 Amy 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 6. This act shall be effective upon passage.

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