Revere subcommittee gives unfavorable recommendation on special legislation for late planner's spouse

The Revere City Ways & Means subcommittee voted 3-2 on Nov. 20 to issue an unfavorable recommendation on special legislation that would let the widow of the late planning director Robert O'Brien obtain a lump-sum distribution of his retirement contributions instead of a small monthly annuity.

The measure would have allowed Mrs. Annette O'Brien to waive an annuity and receive what family attorneys say is roughly $80,000 in accumulated employee contributions and earnings. Paul O'Brien, the planner's brother, told the subcommittee the outcome of the retirement board's decision and the posted state guidance produced an "anomalous result" and that "this is grossly unfair to her." He said the available online guidance was incorrect and that a lump sum would return the money Mr. O'Brien contributed to the system.

The dispute centers on "option d," a retirement-plan designation that Paul O'Brien read from Massachusetts State Board of Retirement guidance during his remarks. He said the guidance suggests option D provides for a beneficiary benefit if a member dies while actively employed. The family's presentation noted Mr. O'Brien resigned in December 2023 and died in February 2024 at age 81; the family argued that the surviving spouse, age 82, would not reasonably recoup the contributions through the roughly $100-a-month annuity the board concluded she was entitled to. "It's his money," Paul O'Brien told the panel.

Councilors split over competing principles. Councilor Argencio said he "intend[ed] to look on this favorably" and urged compassion for a longtime city employee. Councilor Zambuto said she respected Mr. O'Brien's service but opposed the special legislation because granting it could "open up a can of worms" and potentially expose the city to large costs, saying she "can't support this." The subcommittee record shows a roll-call vote with Argencio and Novosulski voting yes and McKenna, Zambuto and Chairman Cogliandro voting no.

The family noted that the magistrate who reviewed the case described the posted guidance as incorrect and recommended the guidance be removed; PERAC (the public-employee retirement authority referenced at the hearing) had offered assistance. Subcommittee members emphasized that special legislation raises precedent and budget concerns and that the committee's unfavorable recommendation will be reported to the full city council for its consideration.

The Ways & Means subcommittee did not adopt the special-legislation recommendation; the item will be placed on the city council agenda for further action. The committee then moved on to other items and adjourned later the same evening.