Budget Amendment ID: FY2023-S4-124

GOV 124

Massachusetts Service Member Next of Kin Gratuity Insurance

Messrs. Timilty and O'Connor moved that the proposed new text be amended by adding after section X the following section:-

"SECTION XXX. Chapter 33 of the General Laws is hereby amended by striking out section 88 and inserting in place thereof the following section:-

Section 88. (a)   An officer or enlisted person of the Massachusetts organized militia who, while performing any duty lawfully ordered under this chapter without willful neglect on the part of the person, receives injury, is disabled or contracts a sickness or disease which incapacitates the person from pursuing the person's usual business or occupation shall, during the period of incapacity, receive compensation to be fixed by a board appointed under section 90 to inquire into the claim and the actual and necessary expenses for medical services and care, medicines and hospitalization or replacement or repair of eyeglasses, dentures or prosthetic devices worn or carried, and amounts related to lost wages.

(b) If the death of a member of the Massachusetts organized militia results from injury, sickness or disease received while in the line of duty pursuant to orders under titles 10 and 32 of the United States Code or this chapter and the injury, sickness or disease resulting in the death was not the result of the decedent's willful neglect, a single payment of $200,000 shall be paid to the surviving spouse; provided, however, that if there is no surviving spouse, the amount shall be paid to the children of the decedent in equal shares; provided further, that if there is no surviving spouse and no children, the amount shall be paid in equal shares to the surviving parents of the decedent, if there are no surviving parents, the amount shall be paid to the surviving siblings in equal shares.

(c) For the purposes of subsection (b), parents include fathers and mothers through adoption. However, preference to any claim as the decedent's parents shall be given to those who exercised a relationship on the date, or most nearly before the date, on which the decedent began their lawful duty as a member of the Massachusetts organized militia.

(d) Subsection (b) shall apply to service members whose death occurred on or after April 2, 2019, and those who have not received a final decision from the board of compensation as appointed under section 90.

(e) All claims presented under this section shall be made in the manner provided in section 90. "