• Acts
  • 2000

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, and in order to promote the public good, the retirement board of the town of Hull is hereby authorized and directed to retire or increase the pension payable to John Clasby, a firefighter retired or to be retired in the fire department of the town of Hull who, as a result of injuries sustained by him while in the performance of his duties as a firefighter, is totally and permanently disabled for further service as a firefighter, upon determination in accordance with the procedures and requirements of section 7 of chapter 32 of the General Laws that such member is unable to perform the essential duties of his job and that such inability is likely to be permanent and that he should be so retired. The annual amount of pension payable to John Clasby 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 for said town at the grade held by him at the time of his retirement. Said John Clasby 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 town 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 town.

SECTION 2. The provisions of section 100 of chapter 41 of the General Laws shall apply to John Clasby, notwithstanding his retirement, relative to the indemnification by the town of Hull, 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 incapacity mentioned in section 1, to the extent not covered by any other insurance or benefit program or source.

SECTION 3. Upon the death of John Clasby, the town of Hull shall pay to the surviving children of said John Clasby 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 said John Clasby at the time of his death; provided, however, that for any such child who reaches the age of 18 and is then attending or attends thereafter but before age 23 either a secondary school or an accredited post secondary school in an approved degree granting program, but excluding a program beyond an undergraduate degree, said payments shall continue or resume while such child is attending said program, as the case may be, until the age of 23. Upon such child reaching age 23 or no longer meeting the qualifications for receipt of the pension allocation as provided for in this section, such child's pension allocation shall cease and the remaining children who may qualify for said pension allocation shall continue to share equally in said three-fourths pension. When the last child reaches age 23 or no longer meets the qualifications for receipt of the pension allocation as provided for herein, the pension allocation shall cease and if said John Clasby left a wife who did not remarry, she shall continue to receive three-fourths of the pension so long as she remains unmarried or until her death.

SECTION 4. Should John Clasby have been retired by the effective date of this act, his pension payable under this act shall be deemed retroactive to the date of his retirement and he shall be entitled to receive in a lump sum the difference due.

SECTION 5. This act shall take effect upon its passage.

Approved September 28, 2000.