Boston council committee to workshop home-rule petition seeking 100% pension for injured firefighter Leo Bracken

A Boston City Council committee on Tuesday heard testimony on a home-rule petition that would increase retired Fire Lieutenant Leo J. Bracken’s pension from the 72% accidental-disability rate he now receives to 100% of the compensation he would have earned had he remained on the job.

The petition, sponsored by Councilor Ed Flynn and referred to the Committee on Government Operations, would request special legislation to exempt Bracken from existing statutory caps and to authorize additional post-retirement medical indemnification and survivor benefits. Committee Chair Colette Zapata said members would “workshop this a little bit more” and coordinate with the city’s legislative delegation and the retirement board before advancing the petition.

Why it matters: The petition asks the city and state to make a one-off change to state retirement law so that Bracken’s pension reflects the income he would have earned but for a workplace injury. Committee members said they want to balance compassion for a long-serving first responder with consistent standards across the retirement system and legal clarity before forwarding a home-rule petition to the Legislature.

Michael O’Reilly, legislative agent for the Massachusetts Association of Contributory Retirement Systems, described Bracken’s career and the circumstances of his injury. O’Reilly said the firehouse roof had leaked for years and that form fives — internal requests to fix the roof — existed “for at least 10 years.” He said Bracken, who began his Boston Fire Department career in the mid-1980s and was promoted to lieutenant in January 1993, suffered a fall on Oct. 17, 2019, after hydroplaning on a flooded apparatus floor. O’Reilly told the committee that independent physicians and a regional medical panel certified Bracken “permanently disabled and incapable of performing the essential duties of a fire lieutenant,” and that the Boston Retirement Board approved accidental disability retirement in August 2021.

Bracken, who testified briefly, described ongoing pain and mobility limits. In his testimony he said, “I had back surgery. I had, I still have they couldn't do surgery on my — it was a pylon fracture on my ankle, so it swells up every day.” He added, “I planned on going to the end, you know, retire on superannuation, and then still keep working, you know, not always full time ... I wanted to keep working as electrician, because I enjoyed it too. Now I can't do either.”

Councilor Ed Flynn, the lead sponsor, said his intent is to secure “the maximum allowable percentage” for Bracken and argued the injury cut short both Bracken’s firefighting and post-retirement electrical work. Flynn said the petition also seeks to authorize post-retirement medical indemnification and enhanced survivor benefits. Flynn stated his expectation that the city would send the petition to the Legislature with language reflecting a 100% pension award and allow the Legislature to respond.

Committee members questioned the legal pathway and caps in existing law. Witnesses and council members referenced several state statutory provisions during the hearing, including Mass. Gen. Laws ch. 32, § 7 (accidental disability retirement), chapter 32 provisions on superannuation limits (discussed by participants as an “80%” cap for superannuation) and references to chapter 41, § 100 regarding survivor and line-of-duty death benefits. Michael O’Reilly and Councilor Flynn argued that the petition is a special act (home-rule petition) intended to provide an exception to normal caps because Bracken’s case involves duty-related permanent incapacity.

Committee discussion produced no formal vote. Chair Colette Zapata said staff would confer with corporation counsel, the Boston Retirement Board and the city’s legislative delegation (including Representative Consalvo, who was mentioned as willing to file at the State House) to craft language and confirm legal authority before the committee acts. Councilor Flynn and other members asked staff to return with clarifying language about whether the 100% award (if granted) should include a specific prohibition on outside earnings; witnesses said the retirement system requires reporting of outside earnings and that Bracken’s physicians and the medical certifications indicate he cannot work.

The committee did not adopt formal amendments or a final recommendation. Members agreed to continue work behind the scenes, provide additional documentation to committee staff, and return with proposed language for the committee to consider.

Background and next steps: Under current practice accidental-disability retirees typically receive a 72% pension; special acts have in prior years been used to increase benefits for named individuals. Committee members instructed staff to consult with legal counsel and retirement-board representatives, and to coordinate with the sponsor and the Legislature before returning the petition to committee for potential approval to send as a home-rule petition to Beacon Hill.