Whereas, The deferred operation of this act would tend to defeat its purpose, which is to immediately provide for the payment of a certain moral obligation, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
SECTION 1. For the purpose of discharging a moral obligation of the commonwealth and notwithstanding any other general or special law to the contrary, there shall be paid out of the state treasury to Holly Shepard an annuity equal to the difference between (i) the benefits payable to her under section nine of chapter thirty-two of the General Laws, as adjusted pursuant to section one hundred and two of said chapter thirty-two, on account of the death of her husband, Timothy M. Shepard, while a police recruit at the Western Massachusetts Law Enforcement Academy in the city known as the town of Agawam, and (ii) the benefits which would have been payable to her had said Timothy Shepard died under the conditions set forth in section one hundred of said chapter thirty-two. Such annuity shall be payable as of the effective date of this act. Such payments shall be made to said Holly Shepard in monthly installments until her death or remarriage; provided, however, that the city of Pittsfield shall certify to the state treasurer any increase in the amount of salary which would have been paid to said Timothy Shepard had he continued in service as a police officer in the city of Pittsfield and had he received the maximum salary in such position. Any amounts payable hereunder shall be in addition to and not exclusive of amounts payable to said Holly Shepard or to any other beneficiary of said Timothy M. Shepard under the provisions of said section nine of said chapter thirty-two, as adjusted pursuant to said section one hundred and two of said chapter thirty-two.
There shall be allowed and paid out of the state treasury, subject to appropriation, to the Dery Funeral Home in the city of Pittsfield a sum in full satisfaction of the bill for funeral and cemetery expenses of Timothy M. Shepard. No such payment shall be made hereunder unless a certificate has been signed and filed with the state treasurer by the chief executive officer of said Dery Funeral Home certifying under pains and penalties of perjury that the amount payable hereunder represents the fair market value for goods and services rendered relative to said funeral and cemetery expenses; provided, however, that the amounts payable hereunder to said Dery Funeral Home shall be reduced by any amounts received by said Dery Funeral Home from any other source on account of such goods and services, and said Dery Funeral Home shall certify to the state treasurer under pains and penalties of perjury any such amounts so received, and the source of such payments. Any such amounts paid to said Dery Funeral Home by the city of Pittsfield under the provisions of section one hundred G or one hundred G and one-quarter, as applicable, of chapter forty-one of the General Laws shall be reimbursed by the commonwealth to said city of Pittsfield, upon filing with the state treasurer of such documentation as he shall require. Any such amounts paid by a member of the family of said Timothy M. Shepard shall be reimbursed by the commonwealth to such family member, upon filing with the state treasurer of such documentation as he may require.
SECTION 2. Notwithstanding the provisions of chapter thirty-two A of the General Laws or any other general or special law to the contrary, Holly Shepard shall be considered the surviving spouse of a state employee for the purpose of membership in the commonwealth's group insurance plans provided under said chapter thirty-two A.
SECTION 3. This act shall take effect as of July first, nineteen hundred and eighty-nine.