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Session Law

2004

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Chapter 329 AN ACT RELATIVE TO PENSION BENEFITS FOR SERGEANT CHARLES L. BYRNE, JR.

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 or rule or regulation to the contrary, and in order to promote the public good, the state-Boston retirement board shall retire Sergeant Charles L. Byrne, Jr. of the city of Boston, who, as a result of injuries sustained while in the performance of his duties on January 1, 2003, for accidental disability pursuant to section 7 of chapter 32 of the General Laws as he is unable to perform the essential duties of his job and the inability is likely to be permanent and he should be so retired.

SECTION 2. The annual amount of pension payable to said Charles L. Byrne, Jr. shall be equal to the regular annual rate of compensation which would have been paid had he continued in service as a sergeant of the department at the grade held by him at the time of his retirement.

The retirement shall become effective commencing on the date immediately following the final day for which he received regular compensation for such employment.

Upon such retirement, the state-Boston retirement board shall forthwith pay to said Charles L. Byrne, Jr. the amount credited to him as accumulated total deductions in the Annuity Savings Fund of the state-Boston retirement board.

Charles L. Byrne, Jr. shall be entitled to receive indemnification for all hospital, medical and related expenses that have been or may be incurred after the date of his retirement as a result of said injuries, pursuant to the provisions of chapter 41 of the General Laws.

SECTION 3. Upon the death of Charles L. Byrne, Jr. should his wife survive him, the state-Boston retirement board shall pay to her, so long as she remains unmarried, an annuity in the amount of 3/4 of the amount of the pension payable to him, per month, at the time of his death. If his wife remarries, the city shall pay, in lieu of the aforesaid annuity to her, an annuity of $550 per month to her. If Charles L. Byrne, Jr.'s wife does not survive him, then the city of Boston shall pay an annual amount equal to 3/4 of the amount of the pension payable to him at the time of his death for the benefit of the children of Charles L. Byrne, Jr. for such time as such child is either under 18 years of age or totally or mentally incapacitated from working.

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

Approved August 26, 2004.

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