MEMORANDUM #45, 2007

Commonwealth of Massachusetts | Public Employee Retirement Administration Commission
Five Middlesex Avenue, Suite 304, Somerville, MA 02145
Ph 617 666 4446 | Fax 617 628 4002 | TTY 617 591 8917 |
Domenic J. F. Russo, Chairman | A. Joseph DeNucci, Vice Chairman
Mary Ann Bradley | Paul V. Doane | Kenneth J. Donnelly | James M. Machado | Donald R. Marquis
Joseph E. Connarton, Executive Director


TO:             All Retirement Boards

FROM:      Joseph E. Connarton, Executive Director

RE:             Chapter 162 of the Acts of 2007, Amending the Heart Law

DATE:        December 4, 2007

Chapter 162 of the Acts of 2007 amended the so-called Heart Law (G.L. c. 32, § 94) to add to those members entitled to the benefit of the presumption any employee of a county correctional facility whose regular or incidental duties require the care, supervision or custody of prisoners, criminally insane persons or defective delinquents.  The amendment became effective on November 14, 2007.  Attached are copies of G.L. c. 32, § 94, Chapter 162 of the Acts of 2007 and Governor Patrick’s emergency letter as certified by the Secretary of State.

Any individual who was a member in service on or after the effective date, November 14, 2007, will be entitled to the application of the presumption.  This will include active members making contributions to the Retirement System, members receiving payments for sick leave and making contributions, members receiving workers’ compensation for total incapacity for any condition, and members who are on an authorized leave of absence with pay or an authorized leave of absence without pay if such leave is due to the member’s mental or physical incapacity for duty, or if such authorized leave of absence is not for more than one year.

If an eligible member meets the criteria of the statute and membership status as described above, and is in the process of applying for disability retirement as the result of incapacity caused by hypertension or heart disease, PERAC will convene a Heart Law panel upon the request of the Board.  A Heart Law panel will not be convened if the member is retired as of the effective date of the statute.

If you have questions, please feel free to contact this office.


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