AN ACT PROVIDING THAT EMIL DEFUSCO MAY CONTINUE EMPLOYMENT WITH THE POLICE DEPARTMENT OF THE CITY OF LAWRENCE.
Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
Notwithstanding any general or special law to the
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
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
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.
SECTION 2. This act shall take effect upon its passage.