Amendment #1 to H4663

Floor Amendment

Mr. Speliotis of Danvers moves to amend the bill by striking out all after the enacting clause and inserting in place thereof the following:-

“SECTION 1. Notwithstanding any general or special law to the contrary, and in order to promote the public good, the retirement board of the city of Worcester shall retire Brian Patrick Carroll, a firefighter of the city of Worcester who as the result of serious injuries sustained in the performance of his duties, while trapped in a fire with his partner who was killed in the line of duty on December 8, 2011 during the incident, is totally and permanently incapacitated from further service as a firefighter. The annual amount of pension payable to Brian Patrick Carroll under this act shall be in an amount equal to 80 percent of the regular rate of compensation which would have been paid had he continued in service as a firefighter in Worcester at the grade held by him at the time of his retirement; provided, that: (1) after he has attained the maximum age for his group, his retirement allowance shall be fixed at the appropriate rate for an accidental disability retirement pursuant to section 7 of chapter 32 of the General Laws, treating his retirement years as creditable service and the regular compensation payable had he continued in service as a firefighter for determining the amount of his benefits; and (2) the retirement allowances payable to him after he has attained the maximum age for his group shall be increased in the manner provided to all retirees of the city pursuant to said chapter 32.

SECTION 2. Before taking action pursuant to sections 1, 3, 4 or 5 of this act, the retirement board of the city of Worcester shall request the state public employee retirement administration commission to appoint a medical panel consisting of 3 separate physicians who shall examine Brian Patrick Carroll individually. The retirement board of the city of Worcester shall approve a pension for Brian Patrick Carroll pursuant to section 1 upon receipt of the medical panel report in which the majority concludes that Brian Patrick Carroll is incapacitated for further duty as a firefighter, that the incapacity is likely to be permanent and that the injuries were sustained in the performance of his duties. The retirement shall become effective as of the last day on which he is entitled to receive regular compensation.

SECTION 3. Upon the death of Brian Patrick Carroll, the city of Worcester shall pay to his wife at the time of the incident an annual pension equal to the sum of two thirds of the benefit paid to him at the time of his death.

SECTION 4. Upon his retirement pursuant to this act, Brian Patrick Carroll shall be eligible for health insurance through the city of Worcester on the same basis as other retirees of the city and shall be responsible for the retirees' share of premiums. Following his retirement, the city of Worcester shall pay for necessary and reasonable medical expenses incurred by Brian Patrick Carroll due to injuries for which he was retired. Medical care shall first be provided through the health insurance provided to retired city of Worcester employees pursuant to chapters 32B and 150E of the General Laws. The city of Worcester shall pay to the health care providers co-payments which are both required by the health insurance policy under which the firefighter is insured and which are reasonably necessary and related to the injuries he suffered in the December 8, 2011 incident.

SECTION 5. The retirement allowances payable pursuant to this act shall remain subject to all other provisions of chapter 32 of the General Laws as if they had been granted as accidental disability retirement benefits in the normal course of events, pursuant to said chapter 32, except to the extent that said chapter 32 conflicts with this act.”.