Massachusetts S 1681: An Act relative to Parkinson's disease disability and death in firefighters

Bill Text

1 of 1 
SENATE DOCKET, NO. 78        FILED ON: 1/10/2023 
SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1681 
 
The Commonwealth of Massachusetts 
_________________ 
PRESENTED BY: 
Anne M. Gobi 
_________________ 
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General 
 Court assembled: 
 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: 
An Act relative to Parkinson's disease disability and death in firefighters. 
_______________ 
PETITION OF: 
 
NAME: DISTRICT/ADDRESS:  
Anne M. Gobi Worcester and Hampshire  
John C. Velis Hampden and Hampshire 1/27/2023 
Vanna Howard 17th Middlesex 1/27/2023 
Susannah M. Whipps 2nd Franklin 1/27/2023 
Angelo J. Puppolo, Jr. 12th Hampden 1/27/2023 
Marc R. Pacheco Third Bristol and Plymouth 1/30/2023 
Kelly W. Pease 4th Hampden 2/1/2023 
Paul R. Feeney Bristol and Norfolk 3/2/2023 
Sal N. DiDomenico Middlesex and Suffolk 3/13/2023 
Andres X. Vargas 3rd Essex 9/26/2023 

1 of 3 
SENATE DOCKET, NO. 78        FILED ON: 1/10/2023 
SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1681 
By Ms. Gobi, a petition (accompanied by bill, Senate, No. 1681) of Anne M. Gobi, John C. 
Velis, Vanna Howard, Susannah M. Whipps and other members of the General Court for 
legislation relative to Parkinson's disease disability and death in firefighters.  Public Service. 
 
[SIMILAR MATTER FILED IN PREVIOUS SESSION 
SEE SENATE, NO. 1725 OF 2021-2022.] 
 
The Commonwealth of Massachusetts 
 
_______________
 
In the One Hundred and Ninety-Third General Court 
(2023-2024) 
_______________
 
 
An Act relative to Parkinson's disease disability and death in firefighters. 
 
 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority 
of the same, as follows: 
 
1 SECTION 1. Section 26 of chapter 31 of the General Laws as appearing in the 2022 
2Official Edition, is hereby amended by striking out, in line 106, the words "and ninety-four B" 
3and inserting in place thereof the following words: ",ninety-four B and ninety-four C." 
4 SECTION 2. Chapter 32 of the General Laws are hereby amended by inserting after 
5section 94B the following section:- 
6 Section 94C. (1) Notwithstanding the provisions of any general or special law to the 
7contrary affecting the non-contributory or contributory retirement system, any condition of 
8impairment of health caused by Parkinson's Disease, resulting in total or partial disability or 
9death to a uniformed member of a paid fire department, or a member of the state police assigned 

2 of 3 
10to the fire investigation unit of the department of fire services, or a member of the state police K9 
11unit, or to any permanent crash crewman, crash boatman, fire controlman or assistant fire 
12controlman employed at the General Edward Lawrence Logan International Airport, members of 
13the 104th fighter wing fire department or members of the Joint Base Cape Cod fire department, 
14shall, if he successfully passed a physical examination on entry into such service or subsequent 
15to such entry, which examination failed to reveal any evidence of such condition, be presumed to 
16have been suffered in the line of duty, unless it is shown by a preponderance of the evidence that 
17non-service connected risk factors or non-service connected accidents or hazards undergone, or 
18any combination thereof, caused such incapacity. 
19 (2) The provisions of this section shall not apply to any person serving in such positions 
20for fewer than five years at the time that such condition is first discovered, or should have been 
21discovered. Any person first discovering any such condition prior to or within five years from the 
22date on which such person has reached the maximum retirement age shall be eligible to apply for 
23benefits hereunder, and such benefits, if granted, shall be payable as of the date on which the 
24employee last received regular compensation. The provisions of this section shall not apply to 
25any person serving in such position unless such person shall first establish that he has regularly 
26responded to calls of fire or their investigation at the scene during some portion of the period of 
27his service in such position. 
28 (3) Nothing herein shall preclude a member from applying for and receiving benefits 
29under section seven or section nine, subject to the provisions of said sections. 

3 of 3 
30 SECTION 3. Section 100 of chapter 32 of the General Laws as appearing in the 2022 
31Official Edition, is hereby amended by striking out, in line 79, the words "and ninety-four B" and 
32inserting in place thereof the following words: ",ninety-four B and ninety-four C." 
33 SECTION 4.Section 100A of chapter 32 of the General Laws as appearing in the 2022 
34Official Edition, is hereby amended by striking out, in line 34, the words "and 94B" and inserting 
35in place thereof the following words: