Massachusetts SD 1295: An Act relative to disability pensions for violent crimes

Bill Text

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SENATE DOCKET, NO. 1295        FILED ON: 1/17/2019 
SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1531 
 
The Commonwealth of Massachusetts 
_________________ 
PRESENTED BY: 
Cindy F. Friedman 
_________________ 
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 disability pensions for violent crimes. 
_______________ 
PETITION OF: 
 
NAME: DISTRICT/ADDRESS:  
Cindy F. Friedman Fourth Middlesex  
Bruce E. Tarr First Essex and Middlesex  
Angelo L. D'Emilia 8th Plymouth 1/22/2019 
Michael D. Brady Second Plymouth and Bristol 1/23/2019 
Donald H. Wong 9th Essex 1/24/2019 
Michael J. Soter 8th Worcester 1/28/2019 
Steven S. Howitt 4th Bristol 1/28/2019 
Mark C. Montigny Second Bristol and Plymouth 1/28/2019 
William N. Brownsberger Second Suffolk and Middlesex 1/28/2019 
Nicholas A. Boldyga 3rd Hampden 1/28/2019 
Susan Williams Gifford 2nd Plymouth 1/29/2019 
Anne M. Gobi Worcester, Hampden, Hampshire and 
Middlesex 
1/29/2019 
Diana DiZoglio First Essex 1/29/2019 
Patrick M. O'Connor Plymouth and Norfolk 1/30/2019 
Mathew J. Muratore 1st Plymouth 1/30/2019 
Ryan C. Fattman Worcester and Norfolk 1/30/2019 
David T. Vieira 3rd Barnstable 1/30/2019 

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Todd M. Smola 1st Hampden 1/30/2019 
Michael O. Moore Second Worcester 1/31/2019 
Adam G. Hinds Berkshire, Hampshire, Franklin and 
Hampden 
1/31/2019 
Rebecca L. Rausch Norfolk, Bristol and Middlesex 1/31/2019 
Joseph A. Boncore First Suffolk and Middlesex 1/31/2019 
Susannah M. Whipps 2nd Franklin 1/31/2019 
Brendan P. Crighton Third Essex 2/1/2019 
David K. Muradian, Jr. 9th Worcester 2/1/2019 
Eric P. Lesser First Hampden and Hampshire 2/1/2019 
Donald F. Humason, Jr. Second Hampden and Hampshire 2/1/2019 
Viriato M. deMacedo Plymouth and Barnstable 2/1/2019 
Julian Cyr Cape and Islands 2/1/2019 
Kate Hogan 3rd Middlesex 2/1/2019 
Michael J. Barrett Third Middlesex 2/1/2019 
Brian W. Murray 10th Worcester 2/1/2019 
RoseLee Vincent 16th Suffolk 2/4/2019 
Joanne M. Comerford Hampshire, Franklin and Worcester 2/5/2019 
Joan B. Lovely Second Essex 2/5/2019 
John H. Rogers 12th Norfolk 3/15/2019 
Hannah Kane 11th Worcester 3/15/2019 
William L. Crocker, Jr. 2nd Barnstable 5/20/2019 
Richard M. Haggerty 30th Middlesex 10/2/2019 
Tami L. Gouveia 14th Middlesex 10/10/2019 

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SENATE DOCKET, NO. 1295        FILED ON: 1/17/2019 
SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1531 
By Ms. Friedman, a petition (accompanied by bill, Senate, No. 1531) of Cindy F. Friedman, 
Bruce E. Tarr, Angelo L. D'Emilia, Michael D. Brady and other members of the General Court 
for legislation relative to disability pensions for violent crimes.  Public Service. 
 
The Commonwealth of Massachusetts 
 
_______________
 
In the One Hundred and Ninety-First General Court 
(2019-2020) 
_______________
 
 
An Act relative to disability pensions for violent crimes. 
 
 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 1 of chapter 32 of the General Laws, as appearing in the 2016 
2Official Addition,  is hereby amended by inserting after the word “inclusive”, in line 599, the 
3following definition:-  
4 “Violent act injury”, a serious and permanent personal bodily injury sustained as a direct 
5and proximate result of a violent attack upon a person by means of a dangerous weapon, 
6including, but not limited to, a firearm, knife, automobile, explosive device or other dangerous 
7weapon. 
8 SECTION 2. Said chapter 32 is hereby further amended by striking out subsection (1) of 
9section 7 and inserting in place thereof the following subsection:- 
10 Section 7. (1) Conditions of Allowance. Any member in service classified in Group 1, 
11Group 2 or Group 4, or any member in service classified in Group 3 to whom the provisions of 
12subdivision (2) of section twenty-six are not applicable, who is deemed to be physically unable 

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13to perform the essential duties and responsibilities of the member’s job and that such inability is 
14likely or deemed permanent before attaining the maximum age for the member’s group by reason 
15of a personal injury or violent act injury sustained or a hazard undergone as a result of, and while 
16in the performance of the member’s duties at some definite place and at some definite time on or 
17after the date of becoming a member or prior to such date while any provision of this chapter 
18relating to noncontributory pensions was applicable to the member, without serious and willful 
19misconduct on the member’s part, upon the member’s written application on a prescribed form 
20filed with the board and the member’s respective employer or upon such an application by the 
21head of the member’s department after a hearing, if