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Cusack files bill to give municipalities option to retire duty‑injured public‑safety workers

5832677 · September 25, 2025
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Summary

Representative Mark J. Cusack filed a bill to let cities and towns opt to allow local retirement boards to grant retirement to Group 4 members — including police and firefighters — who are totally and permanently incapacitated due to duty‑related injuries.

Representative Mark J. Cusack filed legislation on Jan. 16, 2025, that would allow Massachusetts cities and towns to authorize their local retirement boards to grant retirement to public‑safety employees who become totally and permanently incapacitated while performing job duties. The bill, House No. 2793, was submitted to the General Court and listed for referral to the Public Service committee.

The proposal would add a new Section 100B to Chapter 32 of the Massachusetts General Laws, making available, by local acceptance under section 4 of chapter 4, a local option for retirement boards to retire any member who is part of Group 4, as defined in section 3 of Chapter 32 — language that explicitly includes members of police and fire departments and other public safety officers. The proposed text says eligibility would be limited to workers who “as a result of injuries sustained while in the performance of their duties, [are] totally and permanently incapacitated from performing the essential duties of the job employed at the time of the injuries sustained.”

If enacted by the Legislature and accepted locally, the change would not automatically apply statewide; a city or town would need to accept the provision under the statutory local‑acceptance process identified in chapter 4, section 4. The bill packet notes similar matter filed in the 2023–2024 session (House No. 3793). The filing identifies the matter as “Public Service,” indicating the committee referral.

The measure, as filed, is a legislative proposal and does not itself grant retirement benefits; it would create a permissive authority for municipal retirement boards if the statute is adopted and a municipality chooses to accept it. The bill text does not specify benefit calculations, effective dates, or how municipalities should document the determination of “totally and permanently incapacitated,” nor does it spell out any funding mechanism for benefits if a municipality adopts the option. Those details would be determined in subsequent legislative action, committee review, or implementing regulations, or could be addressed in later amendments.

Representative Mark J. Cusack of Braintree is listed as the petitioner; the filing shows the bill was presented to the One Hundred and Ninety‑Fourth General Court (2025–2026).