disability retirement

Section 14 addresses the interplay between Chapter 32 retirement rights and workers' compensation benefits under Chapter 152. Members receiving workers' compensation for total incapacity retain member-in-service status and accrue creditable service during that period. It also establishes an offset rule: workers' compensation payments for the same injury that gives rise to a disability pension are credited against the pension, so that a member does not receive full benefits from both sources simultaneously.

Section 14A requires that any recovery of lost wages from a third party (not the employer) for the same injury underlying a disability pension under sections 6, 7, or 9 be offset against the pension. It obligates the retirement board to prosecute third-party claims on behalf of a member or beneficiary who fails to do so, and authorizes suspension of pension payments if the member or beneficiary refuses to cooperate.

Section 16 establishes the procedures for involuntary retirement initiated by a department head, including the member's right to a hearing before the retirement board. Members meeting minimum age and service thresholds (generally age 55 with 15 years, or 20 years of service regardless of age) may petition the district court to review adverse board decisions. All other aggrieved members may appeal to the Contributory Retirement Appeal Board, which assigns matters to the Division of Administrative Law Appeals for hearing, with final and binding decisions subject to limited further review.

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.

Section 43 provides a legacy non-contributory retirement mechanism for teachers in cities and towns that accepted the 1908 pension act (Section 42). The city or town retirement board, on recommendation of the school committee, may retire a teacher who is age 60 or older, or who is incapacitated for useful service, after 25 years of faithful service. The annual pension is capped at one-half of final compensation and in no case may exceed $1,200.

Section 44 authorizes the retirement of public school janitors in cities and towns that have accepted this section. Retirement is available to janitors who are age 60 with 25 years of service and are physically incapacitated, or who have 15 years of service and are physically incapacitated due to a job-related injury. The pension equals one-half of the last year's full-employment compensation, capped at $750 per year, paid from school appropriations. Critically, this section applies only to janitors whose employment began before July 1, 1937; those hired after that date are not eligible.

Section 44A allows cities and towns (by a two-thirds city council vote or annual town meeting vote) to retire school janitors not covered by the contributory retirement system at their own request. Eligibility requires the janitor's employment to have begun before July 1, 1937, and one of three conditions: 35 years of service; age 60 with 25 years of service and incapacitation; or 15 years of service with duty-related incapacitation. The pension equals 72% of the annual compensation at the time of retirement, paid from school appropriations.

Section 44C allows cities and towns (by supermajority city council vote or annual town meeting vote) to retire public school dental assistants at their own request. Eligibility requires employment beginning before July 1, 1937, and one of: 35 years of service; age 60 with 25 years of service and incapacitation; or 15 years of service with duty-related incapacitation. The pension equals 72% of annual compensation at retirement, paid from school or dental assistant appropriations.

Section 46 establishes a legacy non-contributory pension system for officers, instructors, and employees of Massachusetts correctional institutions who began their employment on or before June 7, 1911. Retirement requires a recommendation from the Commissioner of Correction (with additional approvals from sheriff and county commissioners or city officials for jail/house of correction officers) and one of: age 65 with 20 years of prison service and a good record; permanent disability from a duty injury without fault; or 30 years of faithful prison service. The term "officer" expressly includes prison officer, correction officer, and matron.

Section 56 provides that a qualifying veteran in public service who becomes incapacitated for active service may be retired at half the highest annual compensation for their grade, plus one percent per year of service beyond ten years (capped at 65%), provided they have at least ten years of service and their total income from other sources does not exceed $1,000.

Section 57 allows a veteran (including army nurses) with at least ten years of aggregate public service to be retired at the discretion of the retiring authority at half the highest applicable compensation rate, with one percent additional per year beyond ten years (up to 65%), provided total outside income does not exceed $1,000.

Section 57A applies certain provisions of the contributory retirement system (regarding reexamination, reemployment, and reinstatement) to veterans retiring under sections 56 or 57 on or after January 1, 1946, with the retiring authority acting in place of the retirement board.

Section 65I allows any judge to voluntarily apply for a disability allowance under sections 6 or 7 of this chapter, and if found eligible, to receive it under Group I terms without needing a governor's order or council approval, in lieu of any other retirement allowance.

Section 66 allows the sheriff to retire a court officer of the Supreme Judicial or Superior Court who is permanently incapacitated by on-duty injuries, or who has 20+ years of faithful service, with approval of a majority of the court's justices, at a pension equal to half their compensation at retirement. Only applies to officers employed before July 1, 1937.

Section 74 provides that women who entered continuous employment as cleaners and scrubwomen at the State House before July 1, 1921, and who have reached age 60 with 15+ years of service (or 10+ years with duty-related incapacity), may be retired with a commonwealth pension of $3 per week for life.

Section 75 allows full-time probation officers who are permanently disabled by on-duty injuries, or who have served faithfully for 20+ consecutive years at age 60 or older, to be retired, with mandatory retirement at age 70; only applies to officers employed before July 1, 1937.

Section 80 requires cities (except Boston) that have accepted this section to retire firefighters permanently disabled by on-duty injuries, and allows retirement of members with 25+ years of service, including mandatory retirement at age 70 for 25-year veterans and at age 70 for all other permanent members. Only applies to firefighters employed before July 1, 1937.

Section 81A provides alternative retirement criteria for city firefighters (except Boston) in accepting cities: mandatory retirement at 65, optional retirement from 60–65 for members with 20+ years, and disability retirement for those permanently incapacitated; replaces sections 80 and 81 in any city that accepts it. Only applies to firefighters employed before July 1, 1937.

Section 83 requires the appropriate retirement board in accepting cities (except Boston) to retire police officers permanently disabled by on-duty injuries, or who have served 20+ years continuously and are disabled for useful service, with mandatory retirement for those with 25+ years at age 60 on request and at 70 without request. Pension equals half the highest compensation paid since May 1, 1931 for their grade.

Section 83A provides alternative retirement criteria for city police officers (except Boston) in accepting cities, including disability retirement, mandatory retirement at 65, and optional retirement from 55–65 for officers with 20+ years; pension is 72% of highest compensation for disability retirees or 60% plus 1%/year beyond 20 years (capped at 72%) for service retirees. Replaces section 83 in accepting cities.

Section 84 provides, in cities and towns that have accepted this section and have no established police pension system, for retirement of police officers permanently incapacitated by on-duty injuries (certified by three physicians) at a pension equal to half their compensation at retirement.

Section 85 requires the retirement board or selectmen of accepting towns to retire police officers and firefighters permanently incapacitated by on-duty injuries, and those with 25+ years of service at age 60 on request and at 70 without request, at a pension equal to half annual compensation at retirement.

Section 85A extends the incapacity retirement provisions of sections 85 or 85E to call fire department members and appointed police officers in towns that accepted this section before 1946, but limits the pension to a maximum of $500/year.

Section 85B provides retirement eligibility for permanent members of park department police forces in accepting cities and towns: mandatory retirement for those permanently incapacitated by on-duty injuries, and discretionary retirement for members with 20+ continuous years who are age 60+, at a pension equal to half annual compensation at retirement.

Section 85D extends the fire department incapacity retirement provisions of section 85 or 85E to call fire members in towns that accepted this section before 1946, with the pension set equal to that of a first-grade permanent firefighter in the same department.

Section 85E provides alternative retirement criteria for town police and fire department members: disability retirement, mandatory retirement at 65, and optional retirement from 60–65 with 20+ years of service; pension is 72% of highest compensation for disability retirees or 60% plus 1%/year beyond 20 years (capped at 72%) for service retirees. Replaces section 85 in accepting towns.

Section 85F requires that no police officer or firefighter may be retired for disability under sections 80–85F or 85H without first being examined by a three-physician medical panel, with a majority certifying permanent incapacity and (for accidental disability) that it could result from the claimed accident or hazard.

Section 85H allows towns and fire/water districts to retire call firefighters, volunteer fire company members, and reserve/special police officers who are permanently disabled by on-duty injuries at two-thirds the annual compensation of a first-year permanent officer; also provides temporary compensation during periods of duty-related injury or incapacity.

Section 85H1/2 applies to cities, towns, or fire districts with no permanent police or fire department members that accept this section, allowing retirement of permanently disabled call firefighters or reserve police at two-thirds the average first-year salary of comparable officers in three surrounding towns, with the same framework for temporary compensation during injury or incapacity.

Section 90A allows cities, towns, and the Massachusetts Port Authority (upon appropriate vote) to increase the retirement allowance of former employees retired for on-duty injury or hazard to up to half the current compensation rate for a similar position; also provides automatic increases for state and metropolitan district police officers who retired before July 1, 1992.

Section 90C allows cities, towns, districts, and the Massachusetts Port Authority (upon appropriate legislative vote and after accepting section 90C) to increase the retirement allowance of former employees who were retired for ordinary disability with at least 25 years of service, up to half the current rate for similar positions.

Section 90D allows cities, towns, districts, and the Massachusetts Port Authority that have accepted section 90C to further increase the retirement allowance of former employees retired for ordinary disability with 25+ years of service to up to half the current rate for similar positions.

Section 91A requires disability retirees to file annual earnings statements with PERAC under perjury penalties; if combined earnings and retirement allowance exceed what would be payable had the member remained in service plus $15,000, the excess must be refunded, and failure to file can result in termination of the retirement allowance until compliance.

Section 94 creates a rebuttable presumption that hypertension or heart disease causing disability or death in uniformed firefighters, permanent police officers, corrections officers, Logan Airport crash crew, and certain other public safety employees was suffered in the line of duty, if the employee passed a physical exam on entry (or later) that showed no evidence of the condition.

Section 94A creates a rebuttable presumption that any lung or respiratory tract disease causing total disability or death in a uniformed firefighter (including certain airport and military fire crews) was suffered in the line of duty from inhaling noxious fumes or poisonous gases, if the employee passed a physical exam on entry or later that showed no evidence of the condition.

Section 94B creates a rebuttable presumption (rebuttable by preponderance of evidence of non-service connected factors) that qualifying cancers causing total disability or death in uniformed firefighters were suffered in the line of duty, applicable only to cancer types that may result from exposure to heat, radiation, or known/suspected carcinogens as determined by the International Agency for Research on Cancer, and only for members with at least 5 years of service.