public safety

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 28A provides that any state police officer appointed under Chapter 22C, Section 10, who has performed at least 20 years of service in the department, may retire at their own request. The retirement allowance is calculated under the same formula established in Section 26(3)(c) — the Group 3 service retirement provision.

Section 28M allows Group 4 Department of Correction employees whose major responsibilities include the care and custody of prisoners, and transportation officers within the department, to retire at their own request after 20 years of service. The base retirement allowance equals 50% of the average annual compensation during the final 12 months of creditable service, increased by one-twelfth of 1% for each full month of service beyond 20 years up to the mandatory retirement age. Veterans receive an additional allowance of $15 per year of creditable service, capped at $300.

Section 28N allows correction or jail officers employed by county sheriffs' offices who have performed at least 20 years of service to retire at their own request. The base retirement allowance equals 50% of the average annual compensation during the final 12 months of creditable service, increased by one-twelfth of 1% for each full month of service beyond 20 years up to the mandatory retirement age. Veterans receive an additional allowance of $15 per year of creditable service, capped at $300.

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 47 governs the calculation of service credit for retirement eligibility under Section 46. Correctional officers, instructors, and employees may combine service from multiple qualifying institutions — including correctional institutions, the prison camp and hospital, and juvenile training schools — for purposes of meeting the service thresholds. Service credit is forfeited only for dismissals for misconduct that were not later reversed; a restoration to duty or reappointment serves as sufficient evidence of exoneration.

Section 48 sets the pension amount for correctional officers, instructors, and employees retired under Section 46 at one-half of the salary at retirement. For employees receiving non-cash compensation (full or partial boarding or housing), the Commissioner of Correction may add up to $7 per week in the case of full boarding and housing, or a fair proportion of that amount in the case of partial housing and boarding, to the cash salary for purposes of computing the pension base. State correctional institution pensions are paid by the Commonwealth; jail and house of correction officer pensions are paid by the county.

Section 57B allows police and fire department members retiring under sections 56–60 to count service as reserve police officer or call firefighter as creditable service for retirement purposes, subject to local acceptance by the appropriate governing body.

Section 58C provides enhanced retirement allowances for veteran police officers and permanent firefighters in cities, towns, or districts that accept this section: 70% of highest compensation if retired before age 60, 71% before age 61, and 72% at age 61 or older, in lieu of the standard section 58 rate.

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 71 provides annuities to the widow, children, and dependent parents of Metropolitan Parks Commission police officers killed or fatally injured in the line of duty, with the total not exceeding the officer's annual compensation at death, and extends these provisions to officers assigned to state police duty.

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 81 sets the pension for permanent firefighters retired under section 80 at half the highest salary received in their grade at retirement, payable weekly or monthly; call and substitute call firefighters receive a pension equal to that of a first-grade permanent member.

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 81B sets pension rates for firefighters retired under section 81A: 72% of highest compensation for those retired for disability (subdivision a), and 60% plus 1% per year beyond 20 years (capped at 72%) for those retired under subdivisions (b), (c), or (d).

Section 82 provides that call fire department members in cities (except Boston) that have accepted this section and who were previously retired for disability shall receive the same pension as call members retired under section 80.

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 85C bars police officers and firefighters whose employment began after June 30, 1937 from coverage under the noncontributory pension provisions of sections 83 through 85B.

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 85G provides that police and fire department members retiring under sections 80–85F who were appointed as reserve police officers or reserve/call firefighters before July 1, 1937 shall receive credit for the actual service rendered each year in those capacities as part of their continuous service for retirement purposes.

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 85I (an alternative to section 85G for accepting cities and towns) allows the retiring authority to determine how much service as a reserve police officer or reserve/call firefighter appointed before July 1, 1937 is credited toward continuous service for retirement purposes under sections 80–85F.

Section 85J gives police officers and firefighters eligible for noncontributory retirement under sections 80–85 or 85E the option at retirement of taking a full pension (Option A) or a reduced lifetime pension with a survivor benefit paying two-thirds of the lesser amount to a surviving widow (Option B), subject to local acceptance.

Section 89 provides annuities to the widow, children, and dependent relatives of police officers, firefighters, forest wardens, and certain other public employees killed or fatally injured in the line of duty, with amounts generally not exceeding the deceased's annual compensation at death, and requires election between these benefits and any contributory retirement system benefits.

Section 89B provides enhanced death benefits for surviving spouses of police officers and firefighters killed in the line of duty: two-thirds of the officer's annual regular compensation (or the 12-month average, whichever is greater), plus child allowances, as an alternative to any other law's benefits; requires local acceptance.

Section 89E requires cities, towns, and districts using volunteer emergency service providers to offer one of three accidental death benefits for surviving spouses of call/volunteer firefighters and reserve/auxiliary police officers killed in the line of duty: an annuity of 2/3 to 100% of first-year regular compensation (with COLA), a $500,000 one-time insurance payment, or an insurance-funded annuity; benefits continue to surviving children if no spouse.

Section 90 exempts police and fire department members whose service ends by retirement or other termination at age 70 from the civil service layoff protections in chapter 31, sections 41–45, and a related 1923 act provision.

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 90C3/4 provides that former state or metropolitan district police officers retired before July 1, 1992 on superannuation after at least 20 years of service shall have their retirement allowance increased to up to half the current compensation rate for comparable positions.

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.

Section 100 provides that when a firefighter, police officer, or corrections officer is killed in specified line-of-duty circumstances, their surviving spouse receives a pension equal to the salary that would have been paid had the deceased continued in service (at the maximum rate for the position); upon the surviving spouse's death, surviving children under 18 (or 22 if full-time students, or disabled) receive 72% of that pension plus $312/year each.

Section 100A establishes a $300,000 one-time killed-in-line-of-duty benefit, administered and paid by the state board of retirement (subject to appropriation), for the family of any deceased public safety employee (firefighters, police officers, corrections officers, EMTs, public prosecutors, and others) killed or fatally injured in the performance of duties; this benefit is in addition to section 100 amounts and is not taxable by the commonwealth.