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  • Acts
  • 2004
  • Chapter 384 AN ACT ESTABLISHING A PRESUMPTION RELATIVE TO THE DISABILITY RETIREMENT OF A CERTAIN FIREFIGHTER IN THE CITY OF SALEM.

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 chapter 32 of the General Laws or any other general or special law to the contrary affecting the noncontributory or contributory retirement system in the commonwealth, any condition of impairment of health caused by Hepatitis C resulting in total or partial disability or death to William Hudson, a uniformed member of the paid fire department of the city of Salem, shall, if he successfully passed a physical examination on entry into such service or subsequently passed a physical examination, which examination failed to reveal any evidence of such condition, be presumed to have been suffered in line of duty, unless the contrary is shown by competent evidence.

SECTION 2. For the purposes of determining the order of persons on eligible lists pursuant to section 26 of chapter 31 of the General Laws, the presumption established under this act shall not apply to the death or disability of William Hudson whose son or daughter is eligible for appointment.

SECTION 3. The presumption established under this act shall not apply to the death of William Hudson for which a pension is provided under section 100 of chapter 32 of the General Laws.

SECTION 4. The presumption established under this act shall not apply to eligibility for the $100,000 killed in the line of duty benefit provided under section 100A of chapter 32 of the General Laws.

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

Approved October 29, 2004.