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General Laws

Section 26. The names of persons who pass examinations for original appointment to any position in the official service shall be placed on eligible lists in the following order: (1) disabled veterans, in the order of their respective standings; (2) veterans, in the order of their respective standings; (3) widows or widowed mothers of veterans who were killed in action or died from a service connected disability incurred in wartime service, in the order of their respective standings; (4) all others, in the order of their respective standings. Upon receipt of a requisition, names shall be certified from such lists according to the method of certification prescribed by the rules.

The spouse or single parent of a veteran who was killed in action or died from a service connected disability incurred in wartime service, upon presenting proof from official sources of such facts, satisfactory to the administrator, and proof that such spouse or parent has not remarried, shall be entitled to the preference provided for in this section.

The administrator may require any disabled veteran to present a certificate of a physician, approved by the administrator, that his disability is not such as to incapacitate him from the performance of the duties of the position for which he is eligible. The cost of a physical examination of such veteran for the purpose of obtaining such certificate shall be borne by the commonwealth. No appointing authority shall request military medical records for the purpose of employment other than that which is required by the administrator.

A person who has received a congressional medal of honor may apply to the administrator for appointment to or employment in a civil service position without examination. In such application he shall state under penalties of perjury the facts required by the rules. Age, loss of limb or other disability which does not, in fact, incapacitate shall not disqualify him for appointment or employment under this section. Appointing officers may make requisition for the names of any or all such persons and appoint or employ any of them. A person who has received a distinguished service cross or navy cross may, upon the recommendation of the administrator and with the approval of the commission, be appointed under the same conditions provided in this paragraph for a person who has received a medal of honor.

An appointing authority shall appoint a veteran in making a provisional appointment under section twelve, unless such appointing authority shall have obtained from the administrator a list of all veterans who, within the twelve months next preceding, have filed applications for the kind of work called for by such provisional appointment, shall have mailed a notice of the position vacancy to each of such veterans and shall have determined that none of such veterans is qualified for or is willing to accept the appointment.

A disabled veteran shall be retained in employment in preference to all other persons, including veterans.

Notwithstanding any other provisions of this chapter or of any other law, a son or daughter of a firefighter or a police officer who passes the required written and physical examination for entrance to the fire service or police service or a son or daughter of a firefighter who passes the required written and physical examination for appointment as a fire alarm operator shall have his or her name placed in the first position on the eligible list or, where applicable, in the first position on the reserve roster for appointment to such fire or police service or fire alarm service if: (1) in the case of a firefighter, such firefighter while in the performance of his duties and as the result of an accident while responding to an alarm of fire or while at the scene of a fire was killed or sustained injuries which resulted in his death; or (2) in the case of a police officer, such police officer while in the performance of his duties and as a result of an assault on his person was killed or sustained injuries which resulted in his death.

Notwithstanding any other provision of this chapter or of any other law, the son or daughter of a firefighter or police officer who passes the required written and physical examination for entrance to the fire or police service or a son or daughter of a firefighter who passes the required written and physical examination for appointment as a fire alarm operator shall have his or her name placed on the eligible list or, where applicable, on the reserve roster for appointment to such fire or police service or fire alarm service immediately below the names of disabled veterans as provided for in the first paragraph, provided that said firefighter or police officer has been retired at a yearly amount of pension equal to the regular rate of compensation which he would have been paid had he continued in said service at the grade held at the time of retirement, pursuant to a special act of the legislature in which said firefighter or police officer is determined to be permanently or totally disabled; provided, further, that:

(1) in the case of a firefighter, such firefighter while in the performance of his duties and as the result of an accident while responding to an alarm of fire or while at the scene of a fire sustained injuries which resulted in his being permanently and totally disabled; or sustained injuries which resulted in his being permanently disabled; or

(2) in the case of a police officer, such police officer while in the performance of his duties and as a result of an assault on his person sustained injuries which resulted in his being permanently and totally disabled. Should more than one applicant be eligible for appointment pursuant to the provisions of this paragraph, said applicants shall be ordered according to their respective standings.

For the purposes of determining the order of persons on eligible lists pursuant to this section, the presumptions created by sections ninety-four, ninety-four A and ninety-four B of chapter thirty-two, shall not be applicable to the death or disablement of any firefighter or police officer whose son or daughter is eligible for appointment.

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