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H 3001

House Rules

2025-2026 Regular Session Introduced by Murrell Smith

Allows disabled first responders receiving accidental disability retirement to earn up to 1/2 their retirement allowance without forfeiting benefits, with specific public/private e

Scrivener's error corrected
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Bill Summary · H 3001

Summary — H 3001 (House Docket No. 4197)

Title: House Rules / “An Act supporting disabled first responders”
Classification: Resolution (contains separate statutory amendment language)
Introduced/Filed: Docket entries 12/03/2024–02/27/2025 (see Procedural Status)

Note on contents: The legislative filing labeled H 3001 includes two distinct texts in the docketed materials: (A) statutory amendment language titled “An Act supporting disabled first responders” proposing additions to section 91A of chapter 32 of the Massachusetts General Laws; and (B) a separate House resolution that would adopt Rules of the House of Representatives for the 2025–2026 sessions. The substantive policy change described below concerns the first item (support for disabled first responders).

Purpose / Intent

To modify retirement / reemployment rules so certain public safety and correction personnel who receive accidental disability retirement benefits may earn limited additional income from employment without causing forfeiture or a refund penalty of their retirement benefits.

Key provisions (statutory amendment to chapter 32, §91A)

  • Defines the covered population to include: firefighters (including call/volunteer/auxiliary/intermittent/reserve), EMS providers attached to police or fire departments (who are not under chapter 152), police officers (including auxiliary/intermittent/special/part‑time/reserve), municipal/public EMTs and licensed health professionals, correction officers and correctional program officers who are unable to perform essential duties due to accidental disability (as defined in §7).
  • Creates a special reemployment/earnings rule for members receiving accidental disability retirement benefits:
    • Notwithstanding existing hours and earnings limits in §91A (or other law), a member’s annual earnings from employment in the service of the Commonwealth or a county/city/town/district/authority (including as consultant/independent contractor or in positions requiring regular daytime service) may equal up to one‑half (1/2) of the amount of their retirement allowance without triggering a refund penalty.
    • Members receiving benefits under this clause are not eligible for employment under Groups 3 and 4 of the retirement system while receiving these accidental disability benefits.
    • Such members may be employed by private-sector entities without refund penalty, provided the service is not devoted to a public employer (commonwealth/county/city/town/district/authority).
    • The provision does not prevent the member or the member’s eligible spouse/children from receiving additional retirement benefits beyond those required by this clause.

Who would be affected

  • Disabled public safety employees and correction personnel receiving accidental disability retirement benefits and their families.
  • Public employers and retirement system administrators who must apply the modified earnings/rehire rules.
  • Potentially private employers if they hire such retirees (with fewer restrictions than public employers).

Procedural status & timeline (selected entries)

  • Introduced / docketed: various entries 12/03/2024–02/27/2025 (petitioned by Rep. Steven G. Xiarhos and others). Related docket HD 4197 noted as replaced.
  • Amended: H.3815 on 01/29/2025.
  • Scrivener’s error corrected: 02/06/2025.
  • Referred to Committee on Public Service: 02/27/2025.
  • Senate concurred: 02/27/2025.
  • Public hearing scheduled: 06/02/2025, 1:00 PM–5:00 PM in A‑2.

Potential impact / considerations

  • Policy intent: permit limited continued public employment or private employment by disabled first responders without loss of accidental disability retirement benefits—supports financial stability for disabled retirees who wish to work.
  • Fiscal/administrative: could modestly increase payroll/benefit interactions and require administrative steps to monitor earnings relative to the “up to 1/2 of retirement allowance” threshold; may affect retirement fund actuarial calculations depending on uptake.
  • Legal/operational: imposes a prohibition on employment under certain retirement “Groups” while receiving benefits; clarifies private sector reemployment is allowable if not serving public entities.

If you would like, I can:
- Extract the exact statutory draft language into plain‑English bullets; or
- Prepare a side‑by‑side comparison showing current §91A rules vs. the proposed changes.

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

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