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H 5391

An Act regarding the disability pension for Misael Rodriguez administered by the Springfield retirement board

194th Legislature (2025-2026) Introduced by Brian Ashe and 8 co-sponsors

The bill increases Misael Rodriguez’s accidental disability retirement to match his in-service compensation, with spousal, dependent benefits, medical coverage, and retroactive pay

Read second and ordered to a third reading
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Bill Summary · H 5391

Bill Summary: H 5391 (194th Massachusetts General Court)

Title

An Act regarding the disability pension for Misael Rodriguez administered by the Springfield retirement board

Filed: April 30, 2026

Purpose and Intent

  • To increase the accidental disability retirement allowance for Misael Rodriguez, a Springfield police officer who sustained severe injuries during a violent felonious assault on November 5, 2020, rendering him totally and permanently incapacitated from performing essential police duties.
  • To provide a comprehensive pension framework for Rodriguez, aligning his disability benefits with the compensation he would have received if he had continued in service, with protections for his family and dependents.

Key Provisions and Changes

  1. Disability Retirement Increase (Section 1)

    • The Springfield retirement board must increase Misael Rodriguez’s accidental disability retirement allowance.
    • The annual pension shall equal:
      • The regular rate of compensation (including applicable benefits and stipends) he was earning on November 5, 2020, or
      • The regular rate of compensation that would have been paid had he continued as a police officer at his then-grade until death or mandatory retirement age (whichever comes first).
    • If he reaches mandatory retirement age, he is entitled thereafter to 80% of the average annual rate of compensation paid to him in the previous 12 months (including cost-of-living increases, as defined in CH. 32, SS 102-103).
    • Earnings while receiving the pension are capped: annual earnings from Commonwealth or local government service may equal up to ½ of the retirement allowance without refund penalty. Employment in the private sector or with a non-commonwealth entity is allowed without refund penalty, provided the work is not devoted to Commonwealth or local government service.
    • Prohibition on participation in Groups 3 and 4 of the retirement system during pension receipt.
    • Upon retirement, Rodriguez receives a lump-sum payment equal to total accumulated retirement deductions.

  2. Spousal Provisions (Section 1)

    • If Rodriguez predeceases his spouse, the surviving spouse is entitled to 75% of Rodriguez’s annual pension, payable monthly for life.
    • If Rodriguez would have reached mandatory retirement age, the spouse continues to receive 75% of the pension (including cost-of-living increases as defined in CH. 32, SS 102-103).
    • If the surviving spouse is eligible for other options, they must elect either this spousal benefit or the option that applies under CH. 32, §12, and cannot receive both.

  3. Children’s Provisions (Section 1)

    • If Rodriguez and his spouse predecease their children, eligible surviving unmarried children (under 18; or under 22 if full-time students; or over 18 who are incapacitated) receive a pension totaling 75% of Rodriguez’s pension, allocated among children as eligible.
    • Allocation ceases for a child when they no longer meet eligibility, while remaining children continue to receive their allocations.
    • Definitions of “full-time student” and “accredited educational institutions” align with CH. 32, §7(a)(2)(a)(iii).

  4. Medical Coverage (Section 2)

    • Rodriguez is indemnified for hospital, medical, and other healthcare expenses not covered by health insurance, related to injuries from the 2020 incident.

  5. Other Benefits (Section 3)

    • Nothing in the act prevents Rodriguez or his eligible spouse or children from receiving additional retirement benefits not required by this act.

  6. Back-Denefit and Funding (Section 4)

    • The increase in the accidental disability retirement allowance is retroactive to July 31, 2024.
    • Springfield retirement board must pay Rodriguez a lump sum equal to the difference between what was paid from July 31, 2024 to the enactment date and what would have been payable under the act if in effect since July 31, 2024.

  7. Effective Date (Section 5)

    • The act takes effect upon passage.

Beneficiaries and Affected Parties

  • Primary Beneficiary: Misael Rodriguez (retired Springfield police officer) and his immediate family (spouse and children) through enhanced pension and dependent benefits.
  • Spouse and Children: Eligible for ongoing pension allocations as described, with protections and life-long benefits subject to eligibility rules.
  • Springfield Retirement Board: Responsible for implementing the increased pension, retroactive payment, and coordination of eligibility standards.

Procedural and Timeline Highlights

  • Retroactive effective date for the increased allowance: July 31, 2024.
  • Lump-sum retroactive payment due to the difference between payments from July 31, 2024 to enactment and the higher benefit if the act had been in effect earlier.
  • The act provides continued eligibility rules and references to existing Massachusetts General Laws (Chapter 32) for definitions and calculations.

Summary

H 5391 seeks to substantially enhance Misael Rodriguez’s accidental disability retirement benefits to reflect the compensation he would have earned had he remained in service, with accompanying provisions for spousal and dependent benefits, medical cost coverage, and retroactive payment to 2024. The bill preserves flexibility for other potential retirement benefits, imposes employment earnings guidelines during pension receipt, and establishes a clear framework for calculations aligned with existing retirement system statutes.

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

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