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  • Acts
  • 1998
  • Chapter 90 AN ACT AUTHORIZING THE CITY OF FALL RIVER RETIREMENT BOARD TO INCREASE THE PENSION PAYABLE TO RETIRED FIREFIGHTER WALTER NICOLAU.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:


SECTION 1. Notwithstanding the provisions of any general or special law or rule to the contrary, the retirement board of the city of Fall River is hereby authorized and directed to increase the pension payable to Walter Nicolau, a retired firefighter in the department of the city of Fall River who, as a result of injuries sustained by him while in the performance of his duties as a firefighter, is totally disabled for further service as a firefighter. The annual amount of pension payable to Walter Nicolau under the provisions of this act shall be fixed at an amount equal to the regular rate of compensation which he would have been paid had he continued in service as a firefighter of said city at the grade held by him at the time of his retirement. The annual pension payable to said Walter Nicolau under the provisions of this act shall be reduced by the amount of any compensation he may receive from gainful employment after the effective date of this act. Said Walter Nicolau shall be entitled to receive all annual cost of living adjustments in his annual pension granted under the provisions of any general or special law. Upon the effective date of this act, the retirement board of said city shall forthwith pay to him all the amounts standing to his credit in the annuity savings or annuity reserve funds for the retirement system of said city.

SECTION 2. The provisions of section 100 of chapter 41 of the General Laws shall apply to Walter Nicolau, relative to the indemnification by the city of Fall River, for any hospital, medical or related expenses which may be incurred by him after the effective date of this act as a result of the aforementioned incapacity.

SECTION 3. Upon the death of said Walter Nicolau, if he leaves a wife surviving him and as long as she remains unmarried, the city of Fall River shall pay to her an annual annuity equal to the amount of three-fourths of the amount of the pension payable to said Walter Nicolau at the time of his death. Upon the death or remarriage of the survivor wife of said Walter Nicolau, said city shall pay to the surviving children of Walter Nicolau until the age of 18, a pension of equal proportion to each child which shall total three-fourths of the amount of the pension payable to Walter Nicolau at the time of his death.

SECTION 4. This act shall take effect upon its passage.

Approved April 23, 1998.