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Bill

S 1891

Relates to owner liability for failure of an operator to comply with street cleaning parking rules

2025 Regular Session Introduced by Robert Jackson and 1 co-sponsor

Allows Joseph Barbati to elect accidental disability retirement for severe mental health conditions, with benefits payable from the act’s effective date pending medical certificati

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Bill Summary · S 1891

Summary — S.1891 (Massachusetts)

An Act allowing Joseph Barbati, a retired member of the Massachusetts Trial Court, an accidental disability retirement option

Purpose / Intent

This is a private (individual) act that authorizes the Massachusetts Trial Court Officer Retirement System to allow retired Trial Court officer Joseph Barbati to elect accidental disability retirement for specified mental-health conditions and to receive related benefits as of the act’s effective date. The bill expressly operates notwithstanding chapter 32 or other general/special law to the contrary.

Key provisions

  • Grants Joseph Barbati the option to convert to an accidental disability retirement based on:
    • severe depression and anxiety disorder accompanied by post‑traumatic stress disorder (PTSD) resulting in total or partial disability, and
    • a statutory presumption that the disability was suffered in the course of his employment.
  • Requires Barbati to notify the retirement board of his election within 90 days of the act’s effective date.
  • Conditions payment of the accidental disability benefit on medical certification:
    • A medical panel (per G.L. c.32, §6) must find by majority that the member is mentally or physically incapacitated for further duty, that the incapacity is likely permanent, and that the disability could be the natural and proximate result of the employment‑related hazard or accident claimed.
    • The Public Employee Retirement Administration Commission (PERAC) may waive a new panel examination if the member already has been approved by a medical panel and the retirement board and is receiving a disability benefit as of the act’s effective date; PERAC must promptly notify the retirement system of any waiver.
  • Payments to Barbati shall be made “as of the effective date of this act for the remainder of his retirement,” subject to the medical certification/waiver conditions.
  • The act takes effect upon passage.

Who is affected

  • Primary beneficiary: Joseph Barbati (retired member of the Massachusetts Trial Court).
  • Administrative bodies: Massachusetts Trial Court Officer Retirement System (the retirement board) and the Public Employee Retirement Administration Commission (PERAC).
  • Fiscal impact: Potential cost to the retirement system/treasury in the form of accidental disability benefit payments for the remainder of Barbati’s retirement; the bill does not specify dollar amounts or funding source.

Legal & procedural notes

  • The bill is a private/personal act that expressly overrides conflicting provisions of chapter 32 or other laws where necessary.
  • It requires either a new medical‑panel determination or acceptance of an existing approval (if PERAC waives a new exam).
  • The 90‑day election window creates a firm administrable deadline for the retiree’s decision.

Legislative status / history (selected)

  • Introduced: Jan 11, 2025 (Senate Docket No. 332; Senate Bill No. 1891), presented by Sen. Patrick M. O’Connor.
  • Referred to Public Service committee; hearing scheduled May 7, 2025.
  • Passed the Senate: June 9, 2025; delivered to the House/Assembly.
  • At time of record: referred to Transportation (multiple entries) and committee actions include discharge to Rules and order to third reading. (See official docket for current status.)

Notes / discrepancies

  • Metadata provided with this item contains inconsistent or unrelated entries (an alternate bill title about street‑cleaning parking rules; different sponsors such as Tom Cotton, Robert Jackson). The body of the bill and official docket entries identify this measure as a Massachusetts Senate private bill presented by Patrick M. O’Connor to allow Joseph Barbati an accidental disability retirement option. Users should consult the official Massachusetts legislative docket for authoritative status and sponsor information.

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

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