G.L. c. 32, § 9(1) provides in part:
If the board, upon receipt of proper proof, finds that any member in service died as the natural and proximate result of a personal injury sustained or a hazard undergone as a result of, and while in the performance of, his duties at some definite place and at some definite time on or after the date of his becoming a member or prior to such date while any provision of this chapter relating to non-contributory pensions was applicable to him, without serious and wilful misconduct on his part … The provisions of this section shall apply although such member had previously been retired for accidental disability if the board finds that such death was the natural and proximate result of the injury or hazard on account of which such member was retired. (Emphasis added).
In order for a survivor to receive accidental death benefits, a member must have died of an on-the-job injury or hazard or, if retired, the death must be the natural and proximate result of the injury/hazard for which the member retired. Keep in mind:
If retired, must have been retired for accidental disability. The use of a presumption at retirement does not guarantee an accidental death benefit. Boards must scrutinize medical records and the death certificate to assure § 9
standards are met.
Boards may request a single physician review of records from PERAC (use Request for Appointment of a Medical Panel form).
Boards must advise survivors of any other benefits to which they may be entitled, i.e. §§ 12(2)(d), 100 and 101.
Upon approval by the board, the following must be submitted to PERAC for review pursuant to the provisions of G.L. c. 32, § 21(4):
Findings of Fact made by the board (see also front of Transmittal)
Death Certificate
Medical Records (including autopsy report and board physician reports)
Single physician narrative report, if requested
Descriptions of the accident/injury (injury reports)
Original disability certificate(s) and narrative(s), if retiree
Proof of pre-employment physical, if under a presumption
Application of the applicant (survivor)
Any documents prepared by the employer
Description of the member’s duties
Transmittal to Commission
Calculation form (need not be submitted until approved)
G.L. c. 32, § 100 - Pensions to surviving spouses of firefighters, police officers or corrections officers killed in performance of duties
G.L. c. 32, § 100 provides in part:
Notwithstanding any provision of this chapter or any other general or special law to the contrary, if a firefighter while in the performance of his duties and as the result of an accident while responding to or returning from an alarm of fire or any emergency, or as the result of an accident involving a fire department vehicle, which the firefighter is operating or in which he is riding, or while at the scene of a fire or any emergency is killed or sustains injuries which result in his death, or if a police officer while in the performance of his duties and as the result of an assault on his person or as a result of an accident involving a police department vehicle which he is operating or in which he is riding in the performance of his duties as a police officer is killed or sustains injuries which result in his death, or if a corrections officer while in the performance of his duties and as the result of an assault on his person is killed or sustains injuries which result in his death…
Keep in mind:
A police officer who is not killed in a motor vehicle accident must die as a result of an “assault on his person” which occurred while he/she was in the performance of his/her duties.
Boards must advise survivors of any other benefits to which they may be entitled, i.e. §§ 9, 12(2)(d) and 100A.
All applications under § 100 must be submitted to the Commission for review pursuant
to the provisions of G.L. c. 32, § 21(4) after they are approved by the board.