SENATE, No. 2241

By Mr. Tisei, a petition (accompanied by bill, Senate, No. 2241) of Richard R. Tisei, Thomas M. McGee and Michael E. Festa (with the approval of the mayor and city council) for legislation relative to the disability retirement of Neil Sullivan, a firefighter for the city of Melrose. Public Service. {Local approval received.}
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The Commonwealth of Massachusetts

Seal of the Commonwealth of Massachusetts

In the Year Two Thousand and Seven.


AN ACT RELATIVE TO THE DISABILITY RETIREMENT OF NEIL SULLIVAN, A FIREFIGHTER FOR THE CITY OF MELROSE

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 to the contrary and in order to promote the public good, the Melrose Retirement Board is hereby authorized and directed to retire Neil Sullivan, a Melrose fire fighter who was seriously injured in the line of duty on August 7, 2005, and, as a result, is now totally and permanently incapacitated from continuing to work as a fire fighter. In accordance with the provisions of General Laws Chapter 32, Section 7, he will receive benefits that will be funded by the Melrose Retirement System, consistent with the dictates of Chapter 32.

SECTION 2. In addition to the retirement benefits available and granted to Mr. Sullivan under the disability retirement provisions of General Laws Chapter 32, Section 7, the City of Melrose shall grant Mr. Sullivan additional retirement benefits, such that he will receive, on a pre-tax basis, such additional sums that together with his benefits under Chapter 32 equal his regular rate of compensation which he would have received had he continued in service as a fire fighter on the day of his injury August 7, 2005. These additional benefits shall also be funded and administered by and through the Melrose Retirement Board, consistent with Chapter 32, and subject to any other applicable provisions of that chapter, except that the provisions of Chapter 32, Sections 91A and 8 shall not apply. In addition, upon his retirement, Mr. Sullivan shall receive a lump sum equal to the amount of his credited annuity savings fund in the retirement system of the City.

SECTION 3. In the event that Mr. Sullivan dies and his wife Jessica survives him, she shall be paid such amounts, in such manner and from such sources, as would have been payable to Mr. Sullivan under this special legislation. In the event that both Mr. Sullivan and his wife Jessica die, the payment provided for by this legislation shall be payable to their children until they all reach the age of 18 years, provided that such payments will continue for the benefit of a child who is physically or mentally incapacitated from work on a permanent basis.

SECTION 4. Indemnification for any hospital, medical, and related healthcare expenses arising out of Mr. Sullivan’s work-related injury shall be administered by the City of Melrose in accordance with the provisions of G.L. c. 41, sections 100 and 100B, to the extent applicable.

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