|
|
|
All of the benefit information below has been complied by COPS, a support group for police survivors.
Rev.7/00
STATE OF MASSACHUSETTS
DEATH BENEFITS
To obtain certified copies of registered personal documents, contact the Division of Vital
Records, 150 Tremont Street, Room B-3, Boston, MA 02111, phone (617) 727-0036.
Law Enforcement consists of several police organizations and departments, all of which
would be governed by Massachusetts General Laws. To provide some conceptual framework,
please understand that the main breakdown of Police Organizations within the
Commonwealth are as follows:
1. Massachusetts State Police (M.S.P.)
2. Metropolitan District Commission (M.D.C.)
3. Capitol Police (C.P.)
4. Municipal City and Town Police (Locals)
Benefits for MSP, MDC, and CP would be provided directly by the State and their
separate, respective unions which represent them. Local police department benefits are
provided through the City or Town and upon votes of their governing body such as the
Mayor, City Council, or by registered voters.
STATE DEATH BENEFITS
C32 Sec. 100A - STATE DEATH PAYMENT
A $100,000 killed-in-line-of-duty benefit shall be a one-time award payable to the family of a
firefighter, public prosecutor, police officer, or corrections officer who, while in the
performance of his duties and as a result of incident, accident, or violence, is killed or sustains
injuries which are the direct and proximate cause of his death.
This benefit shall be in addition to amounts payable under Sec. 100 and shall be payable to
the family of the deceased public safety employee in a manner determined by the state board
of retirement. As used in this section, the word family shall mean the surviving spouse or, if
there is no surviving spouse, the child or children, or, if there is no surviving child, the parent
or parents. The board, at its discretion, may purchase life insurance for the purpose of paying
said benefit.
This benefit shall not be taxable by the commonwealth.
This act shall apply in the case of a death occurring on or after January 1, 1993.
MA
- 2 -
Rev.7/00
Contact the State Board of Retirement or your Benefits Assistance Officer.
Payment of Funeral and Burial Expenses - M.G.L. 41 Sec.100G
For Municipal Police whose governing body has adopted this section of the M.G.L.
Governing Body has the option of adopting this section or section 100G 1/4 or they may elect
either.
Reasonable expenses not exceeding $2,000 of funeral and burial of any police officer killed
in performance of duty. This is paid to those presenting expenses for funeral and burial cost.
M.G.L. 41 Sec. 100G 1/4. Reasonable expenses are paid for funeral and burial of any police
officers killed in performance of duty, not exceeding $5,000.
STATE PENSION BENEFITS
M.G.L. 32 sec. 100
For all State and Municipal Law Enforcement Officers killed in the line of duty. An annual
amount of pension shall be paid to the surviving spouse equal to the amount of salary which
would have been paid to such police officer at time of death; however the amount of
pension immediately payable shall be equal to the maximum salary set for the position
whether or not such police officer had reached the maximum at the time of death.
Contact: State Board of Retirement for all MSP, MDC, CP. Appropriate Board of
Retirement or Board of Selectmen for Municipalities.
If no surviving spouse, or if spouse has remarried, pensions are paid to surviving children or
their legal guardian. Each child should be paid the sum of $312 per annum in addition to a
payment equal to 72% of the pension which said surviving spouse was receiving at the time of
such surviving spouse's death or remarriage.
Such payment to be made in proportionate shares to the legal guardian for the benefit of each
child until such time as all children have attained age 18 or have attained age 21 if full time
students, such payment shall continue of such children who are over age 18 and physically
or mentally incapacitated from earning.
REAL ESTATE TAX EXEMPTION
M.G.L. 59 Sec.5, cl (42) & (43)
For MSP, MDC, CP, and all Municipal officers; killed in line of duty. Payable to surviving
spouse, exemption of real estate taxes, providing real estate if owned and occupied by such
surviving spouse as a domicile.
MA
- 3 -
Rev.7/00
Payable to surviving minor children including adopted children, exemption of real estate
taxes, providing real estate is owned and occupied by such children as their domicile.
EDUCATION BENEFITS
M.G.L. 69 Sec. 7E
Scholarships are available for children of police officers who have died in the performance of
duty. All M.S.P., M.D.C., C.P., and all Municipal Police, who are permanent members of
said department, and who die in the performance of duty.
Amount of benefit is equal to the amount of tuition charged by the institution attended.
The child must have graduated from a high school within the Commonwealth. Child must
qualify for entrance and benefit only applicable to: Lowell Technological Institute, SE
Massachusetts Technical Institute, University of Massachusetts, and any state college
and any regional community college. As long as recipient remains a student in good
standing at such institute, but in no event shall any student receive such scholarship aid for
more than 4 years.
POLICE CORPS SCHOLARSHIP FUNDS
The Police Corps is administered by the Office of the Police Corps and Law Enforcement
Education (OPCLEE), within the Office of Justice Programs, US Department of Justice, in
partnership with participating States that have submitted an approved State Plan. Information
can be found at www.ojp.usdoj.gov/opclee.
The Police Corps awards scholarships and reimburses educational expenses to students who
agree to work in a State or local police force for at least four years. Students must pursue an
undergraduate or graduate degree in a course of study which, in the judgment of the State or
local police force to which the participant will be assigned, includes appropriate preparation
for police service. Police Corps funds cover education expenses (including tuition, fees,
books, supplies, transportation, room and board, and miscellaneous expenses) up to $7,500
per academic year, with a limit on total payments to any student of $30,000.
Police Corps scholarship funds are also available to dependent children of law
enforcement officers killed in the line of duty if the death occurred within the state after
that state was approved to participate in the Police Corps program. In Massachusetts,
the death must have occurred since September 1998. These scholarships may be applied
to any course of study, without any service or repayment obligation.
Police Corps participants are selected on a competitive basis by each State under regulations
prescribed by OPCLEE.
MA
- 4 -
Rev.7/00
For more information, contact: Mark Logan at the Massachusetts Criminal Justice
Training Council, phone 866-267-7766, fax 781-337-6245, email
info@masspolicecorps.com or visit www.masspolicecorps.com
HEALTH BENEFITS
M.G.L. 32B Sec. 9G
Group Health and Dental Insurance - All M.S.P., M.D.C., C.P., and all Municipal Officers
in which their Governing Body has adopted this section of the M.G.L. For the benefit of
surviving spouse and any dependents under age 19.
To continue Group Health and Dental Insurance, surviving spouse must pay 50% of the
premium, the Governmental unit shall contribute the remaining 50% of said premium. MSP
and some Municipalities Dental benefits are covered by the union and not State coverage.
Benefits will continue until the remarriage or death of the surviving spouse.
GROUP ACCIDENTAL & DEATH INSURANCE
M.G.L. 32B Sec. 11, 11A, 11D
Provided for all Municipal Officers in which their Governing Body has adopted this
section of the M.G.L. This benefit is payable upon the death of a police officer in the
performance of duties to named beneficiaries or the estate.
Group Accidental Death Insurance is provided for twice the maximum amount provided
under M.G.L. 32B Sec. 11A, whether or not said employee is insured for such maximum
amount under said 32B Sec. 11A.
Employee to pay 50% of premium, Governing unit to pay remaining 50% of said premium.
Upon retirement of police officer benefit shall terminate.
M.G.L. 32B Sec. 4, 5, 7.
MSP, MDC, CP Payable upon the death of police officer to named beneficiary or to the
estate.
Amount of benefit shall not be less than $2,000, both accidental and Group Life Insurance.
Currently policies are for $5,000 for Accidental Death and Group Life Insurance.
Employee to pay 50% of premium, Governing Body to pay remaining 50% of said premium.
OPTIONAL ADDITIONAL GROUP LIFE
MA
- 5 -
Rev.7/00
AND ACCIDENTAL DEATH INSURANCE
M.G.L. 32B Sec. 11A
All MSP, MDC, CP and all Municipal Police whose Governing Body has adopted this
section of the M.G.L.
Payable upon the death of the Police officer to the named beneficiary or to the estate.
Amount of benefit is based on gross annual salary, wages or compensation, rule of thumb:
generally at least $1,000 less than salary maximum.
Employee bears cost of all premium.
WORKERS' COMPENSATION
Workers' Compensation coverage is compulsory for employers in Massachusetts.
Benefit is 66 2/3% of employee's wage for a spouse or a spouse with child(ren) with a
minimum weekly benefit of $110 and a maximum weekly benefit of $565.94. Dependent
surviving spouses receive benefits during periods when they are not fully self-supporting and
benefits cease upon remarriage. Total maximum payable may not exceed 250 times the
State's Average Weekly Wage in effect at time of injury. There is also a maximum burial
allowance of $4,000.
Children receive benefits until age 18 or beyond age 18 if disabled, or regardless of age if
full-time students. Additional $6 will be added per child if weekly benefits are below $150.
To receive workers' compensation benefits the surviving spouse must take the initiative and
file a workers' compensation claim through a workers' compensation attorney to receive any
compensation. The determination as to whether the claim will be paid will be determined by
the Workers' Compensation Appeals Board.
Contact the Department of Industrial Accidents, 600 Washington, Boston, MA 02111,
telephone (617) 727-4900.
PERSONAL LIFE POLICY - INTESTATE
Real estate and personal property not disposed of by will, subject to rights of spouse of
deceased (See infra, subhead Surviving Spouse) and to rights of homestead, go to
children and to issue of any deceased child by right of representation; if no surviving child of
intestate, then to all his other lineal descendants, in equal shares if of same degree, otherwise
by right of representation; if no issue, then equally to father and mother or survivor of them; if
no issue, father or mother, then to brothers and sisters and to issue of any deceased brother
or sister by right of representation; if no surviving brother or sister of intestate, then to all
MA
- 6 -
Rev.7/00
issue of his deceased brothers and sisters, in equal shares if of same degree, otherwise by right
of representation; if no issue, father or mother, or issue of father or mother, then to next of
kin in equal degree, through nearest ancestor. Degrees of kindred are computed according to
rules of civil law; kindred of half blood inherit equally with whole blood in same degree.
Illegitimate child is heir of mother and of any maternal ancestor and is deemed legitimate if
parents intermarry and father acknowledges him as his child. As to inheritance by and from
adopted persons.
In case of intestacy, title to Massachusetts real estate vests in heirs at law on death of
decedent, whether resident or nonresident, subject to right of administrator to sell or mortgage
for payment of debts, taxes, administration expenses, etc., if applicable personal property of
estate is insufficient.
Surviving Spouse - Election of dower must be filed in probate registry within six months
after approval of bond of executor or administrator. If surviving spouse fails to elect, he or
she takes following shares of property not disposed of by will: if deceased leaves kindred but
no issue and estate does not exceed $200,000, surviving spouse takes all; otherwise survivor
takes $200,000 and one-half of remaining personal and real property (if personal property
is insufficient to pay $200,000, interested party may petition to have survivor paid from sale
or mortgage); if deceased leaves issue, survivor receives one-half of personal and of real
property; if deceased leaves neither kindred nor issue, survivor takes all.
ADDITIONAL BENEFITS
Various unions and benevolent societies usually make contributions to surviving families so it
is wise to check those sources also.
PEER SUPPORT ORGANIZATION
Established in 1984, Concerns of Police Survivors, Inc., (COPS), is a national, non-profit
organization that works with law enforcement agencies, police organizations, mental health
professional, and local peer-support organizations to provide assistance to surviving families
of law enforcement officers killed in the line of duty. COPS has become a "lifeline" to police
survivors nationwide. Contact Massachusetts COPS, Ms. Melissa Abdallah, Chapter
Contact, 10-G Roessler Road, Suite 505, Woburn, MA 01801, (781)376-9966.
All of the benefit information above has been complied by COPS, a support group for police survivors.
Contact the National Office of Concerns of Police Survivors, Inc. for additional information, or to support any of COPS' programs.
|
|
|
Web site copyrighted © 2005 by Lydia Warner Miller