Budget Amendment ID: FY2018-S3-331-R1

Redraft EHS 331

Annuity Payment for Gold Star Families

Messrs. McGee, Rush, O'Connor, Tarr and Ross moved that the proposed new text be amended by inserting after section 50 the following section:-

“SECTION 50A.  The third paragraph of section 6B of chapter 115 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out the last sentence and inserting in place thereof the following 2 sentences:- Such payments shall be due and payable from the date of the parents’ and surviving spouse’s application; provided, however, that the first payment shall be retroactive to the applicant’s initial date of eligibility if the deceased member or the parent or spouse making application was a resident of the commonwealth at the time of death and the parent or spouse making application is a resident of the commonwealth at the time of application.  For the purposes of calculating any retroactive payment of benefits under this section, the initial date of eligibility shall mean the later of: (i) the date of death of the member of the armed forces of the United States; or (ii) July 1, 1998 in the case of parents and November 11, 2005 in the case of a spouse.”; and

by inserting after section 100 the following section:-

“SECTION 100A.  Notwithstanding any general or special law to the contrary, parents who became eligible for an annuity under section 6B of chapter 115 of the General Laws on or after July 1, 1998 and surviving spouses who became eligible for an annuity under said section 6B of said chapter 115 on or after November 11, 2005 and who currently receive payments under said section 6B of said chapter 115 shall be eligible for a retroactive benefit payment if the initial application filed under said section 6B of said chapter 115 was filed more than 1 year after the date of death of the member of the armed forces of the United States. The retroactive payment shall equal $2,000 for each year between the date of the initial application filed under said section 6B of said chapter 115 and the later of either: (i) the date of death of the member of the armed forces of the United States; or (ii) July 1, 1998 in the case of parents and November 11, 2005 in the case of a spouse. In order to be eligible for the retroactive payment of benefits under this section, the member of the armed forces of the United States or the parent or spouse seeking retroactive payment shall have been a resident of the commonwealth at the time of death of the member and the parent or spouse seeking retroactive payment shall be a resident of the commonwealth at the time of application for retroactive payment.”