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The 190th General Court of the Commonwealth of Massachusetts

AN ACT RELATIVE TO THE RETIREMENT BENEFITS OF THE SURVIVING BENEFICIARY OF FRANCIS X. NOE.

     Whereas, The deferred operation of this act would tend to defeat its purpose, which is to provide forthwith needed benefits to the widow of Francis X. Noe, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.

     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.  (a) Notwithstanding section 12 of chapter 32 of the General Laws or any other general or special law to the contrary, the Norfolk county retirement board may provide to Sandra M. Noe, the surviving spouse of former Stoughton firefighter Francis X. Noe, a lifetime, monthly allowance equal to the amount she would receive as if Francis X. Noe had, upon retirement, elected option (c) of subdivision (2) of said section 12 of said chapter 32 and nominated Sandra M. Noe as his sole surviving eligible beneficiary; provided, however, that the retirement board shall withhold from each payment made to Sandra M. Noe during the first year after Francis X. Noe’s death, such an amount, in equal increments, as is necessary to account for the difference in the total amount Francis X. Noe received pursuant to option (b) of said subdivision (2) of said section 12 from the date of his retirement to the date of his death and the total amount he would have received had he elected said option (c) from the date of his retirement to the date of his death. The allowance shall be payable as of the date of Francis X. Noe's death.
     (b)  Any retirement benefit provided to Sandra M. Noe pursuant to this act shall be in lieu of, and not in addition to, any benefits she may have otherwise received from the Norfolk county retirement system as Francis X. Noe's beneficiary.
     SECTION 2.  This act shall take effect as of March 29, 2015.

Approved, January 13, 2017