An Act authorizing a retirement board system local option for totally and permanently incapacitated workers

194th Legislature (2025-2026) Introduced by Mark Cusack

Local option allows cities/towns to grant retirement to on-duty, totally incapacitated Group 4 public safety workers; opt-in only, eligibility set by each retirement board.

HD 3118 Summary: An Act authorizing a retirement board system local option for totally and permanently incapacitated workers

Purpose and intent

Establishes a local option for Massachusetts cities and towns to authorize their retirement boards to grant retirement to certain on-duty, totally and permanently incapacitated public safety personnel (Group 4).

The measure is a targeted enhancement to disability retirement, allowing municipalities to expand eligibility beyond existing statewide rules if they choose to adopt the new provision.

Key provisions

Adds a new Section 100B to Chapter 32 of the General Laws (following existing Section 100A).

Local option: any city or town that accepts this section pursuant to section 4 of chapter 4 may direct its retirement board to allow retirement for a member who:

is part of Group 4 (including police, fire, and other public safety officers), and
is totally and permanently incapacitated from performing the essential duties of the job at the time of the injury sustained in the performance of duty.

The authority is optional and requires the municipality to opt in; it does not mandate retirement benefits for all eligible members.

Affected parties

Public safety personnel in Group 4 who are totally and permanently incapacitated due to on-duty injuries.

Municipal retirement boards and the participating cities or towns that choose to adopt the section.

Potential retirees who meet the on-duty incapacitation criteria, subject to local board policies and eligibility determinations.

Implementation and timeline

Acceptance mechanism: municipalities must accept the section in accordance with section 4 of chapter 4 to activate the local option.

Once accepted, the retirement board would have the authority to grant retirement to qualifying members; the bill does not specify benefit levels, actuarial effects, or exact implementation dates.

No statewide funding or effective date is stated in the text; specifics would depend on local adoption timing and board rules.

Context and notes

The bill mirrors a concept previously filed in a prior session (House No. 3793 in 2023-2024), indicating ongoing interest in a local-option approach for on-duty incapacitated retirees.

Status in the current session is not provided in the bill text excerpt; the measure is introduced as HD 3118 (House Docket No. 3118) with the companion history noted.

Potential impact

Empowers municipalities to tailor disability retirement for severely injured public safety workers, potentially expanding or limiting eligibility depending on local adoption.

Could affect local pension funding and actuarial assumptions where adopted, depending on how benefits are structured by each retirement board post-acceptance.