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The 192nd General Court of the Commonwealth of Massachusetts


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 any general or special law to the contrary, Emil DeFusco, a deputy chief in the police department of the city of Lawrence, who was retired by the city of Lawrence Retirement Board pursuant to chapter 32 of the General Laws, may be reinstated to that office or position until he reaches age 70, if he is mentally and physically capable of performing the duties of his office or position. He shall hold the office or position subject to the approval of the appointing authority. The appointing authority may, at its own expense, require Emil DeFusco to be examined by the retirement board of the city of Lawrence to determine his capability for continued service.

Deductions shall continue to be made from the regular compensation of Emil DeFusco under said chapter 32 for any service performed between age 65 and 70, and upon retirement Emil DeFusco shall receive a superannuation allowance, or a veteran's pension allowance, as applicable, equal to that appropriate for his full years of creditable service. If Emil DeFusco is determined not to be capable of continuing in service pursuant to an examination by an impartial physician, as provided for in this act, he shall be retired for superannuation, and shall not be presumed by virtue of such determination to be disabled for the purposes of said chapter 32.

Emil DeFusco shall not be entitled to any benefits under section 111F of chapter 41 of the General Laws, should he become incapacitated as a result of injury while on duty, nor shall he be entitled to benefits under section 94 of chapter 32 of the General Laws upon his reinstatement as deputy chief of police for the city of Lawrence. If Emil DeFusco is no longer serving in his capacity as deputy chief, he shall not return to his civil service position as sergeant in the police department for the city of lawrence. +s

SECTION 2. This act shall take effect upon its passage. @s

Approved June 16, 2004.