WeVote
Log In

Bill

Bill

H 5389

An Act authorizing the continued employment of Michael Marchand, the fire chief in the town of Upton

194th Legislature (2025-2026) Introduced by Ryan Fattman and 1 co-sponsor

Allows Upton to retain Fire Chief Michael Marchand past the normal retirement age up to 70, contingent on fitness evaluations and town discretion.

Hearing rescheduled to 06/03/2026 from 11:00 AM-11:45 AM in B-2 Hearing updated to New End Time
0
WeVote Research Nonpartisan
Bill Summary · H 5389

Summary of Bill H. 5389 (194th Mass. General Court)

Title: An Act authorizing the continued employment of Michael Marchand, the fire chief in the town of Upton

Date Filed: April 9, 2026

Purpose and Intent

  • This bill seeks to authorize the Town of Upton to allow Michael Marchand, the fire chief, to continue serving beyond the usual age limits.
  • The aim is to permit continued employment until he reaches age 70, retires, or is relieved of duties, provided he remains physically and mentally capable.

Key Provisions

1) Continued Employment Period
- Michael Marchand may continue serving as fire chief until:
- He reaches age 70,
- He retires, or
- He is relieved of duties by the town’s select board or town manager (at their discretion),
- Whichever event occurs first.
- Condition: He must be mentally and physically capable of performing his duties.
- The town may require annual medical/psychological examination by a physician designated by the select board or town manager, at the town’s expense, to confirm capability.

2) Retirement and Compensation
- After turning 65, no further deductions from his regular compensation shall be made under Chapter 32 of the General Laws for service performed after age 65.
- Upon retirement for superannuation, Marchand shall receive a retirement allowance equal to what he would have received if he had retired at age 65.

3) Effective Date
- The act takes effect upon passage.

Who Is Affected

  • Primary Beneficiary: Michael Marchand, Fire Chief, Town of Upton.
  • Town Government: Select board and town manager (authorized to determine capability, and to relieve him if necessary; also responsible for arranging annual medical exams).
  • Municipal Employees/Policy Context: The bill interacts with general laws regarding retirement and superannuation (Chapter 32), altering how post-65 service and compensation are treated for this individual.

Procedural and Timeline Aspects

  • Action History: Referred to the Committee on Public Service on April 23, 2026.
  • Process: Local approval indicated in the petition; the bill requires passage by the General Court and, typically, local approval processes for authorization of continued employment beyond age requirements.
  • Effective Date: Immediate upon passage of the act.

Notable Details

  • The bill explicitly allows continued employment regardless of general or special laws to the contrary, subject to annual medical/mental fitness evaluations.
  • It provides financial continuity by ensuring no further deductions from the regular compensation for service after age 65, and by granting a retirement allowance equivalent to what would have been received if retirement had occurred at 65.

Bottom Line

H. 5389 would allow the town of Upton to keep Michael Marchand as fire chief beyond the normal retirement age, up to age 70, contingent on ongoing fitness assessments and municipal discretion. The measure also modifies retirement benefits to align with continued service beyond 65 and ensures a superannuation benefit as if retirement occurred at 65.

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.