accidental disability

Section 26 governs retirement of Group 3 state police officers, providing two distinct retirement paths. Under subdivision (2), officers incapacitated by a duty-related illness or injury receive a disability retirement allowance equal to 72% of their highest applicable regular compensation plus an annuity component and a dependent children supplement. Under subdivision (3), officers who have completed 20 or more years of state police service retire at a benefit starting at 60% of final-year compensation (50% for members joining on or after April 2, 2012), increasing incrementally for service beyond 20 years up to a 75% cap. The section also governs mandatory periodic medical evaluations of disabled retirees, rehabilitation programs, restoration to active service procedures, and reduction or suspension of disability allowances when a retiree's earnings exceed applicable thresholds.

Pre-employment physicals are a required prerequisite to granting accidental disability retirement under any of the three statutory presumptions (G.L. c. 32, §§ 94, 94A, 94B). While HIPAA prevents boards from requiring employers to submit these records at the time of hire, PERAC strongly encourages boards to provide an optional HIPAA waiver to all new and current members that would allow the board to obtain a copy for future use. This waiver should be developed with board counsel and can be distributed as part of onboarding materials. If no physical can be found, members should be encouraged to supply any physicals taken after entering service.

Following the legislative changes made by Chapter 73 of the Acts of 2025 (described in Memo #33/2025), PERAC has updated four disability forms to reflect the revised definition of "Violent Act Injury": the Member's Application for Disability Retirement, the Physician's Statement, the Employer's Statement, and the Regional Medical Panel Certificates. This memo supersedes Memo #15/2025 on form updates. Boards must use these new forms going forward; the underlying processing guidance from Memos #28/2024 and #33/2025 has not changed.

Chapter 73 of the Acts of 2025, effective November 25, 2025, made two significant changes to the Violent Act Injury disability benefit: it revised the definition of "Violent Act Injury" in G.L. c. 32, § 1 (removing the alternative "life altering" standard and narrowing weapon language), and it extended eligibility to Massachusetts State Police officers via new G.L. c. 32, § 26(2½). The new provisions apply to any member not yet approved for disability as of November 25, 2025. PERAC is updating affected disability forms and will issue a new memo superseding Memo #15/2025 once complete.