S 3185

SENATE . . . . . . . . . . . . . . No. 3185
Senate, July 20, 2026 - Text of the Senate amendment (Senator Gomez) to the House Bill
regarding the disability pension for Misael Rodriguez administered by the Springfield retirement
board (House, No. 5391).
  The Commonwealth of Massachusetts
  _______________
  In the One Hundred and Ninety-Fourth General Court
  (2025-2026)
  _______________
1SECTION 1. (a) Notwithstanding any general or special law to the contrary, the
2 Springfield retirement board shall increase the accidental disability retirement allowance payable
3 to Misael Rodriguez, a retired officer of the police department of the city of Springfield who, as
4 a result of severe physical injuries sustained while in the performance of his duties on November
5 5, 2020, is totally and permanently incapacitated from performing the essential duties of a police
6 officer.
7(b) The annual amount of pension payable to Misael Rodriguez shall be equal to the
8 regular rate of compensation, including all applicable benefits and stipends, that he was earning
9 on November 5, 2020, which would have been paid had he continued in service as a police
10 officer of the city of Springfield at the grade held by him at the time of his retirement until his
11 death or reaching mandatory retirement age, whichever occurs first; provided, however, that if
12 Misael Rodriguez reaches the mandatory retirement age, he shall be entitled thereafter to 80 per
13 cent of the average annual rate of compensation paid to him in the previous 12 months, including
14 any cost of living increases, as defined in sections 102 and 103 of chapter 32 of the General
15 Laws.
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16(c) Notwithstanding the hours and earnings limitations of sections 91 and 91A of chapter
17 32 of the General Laws or any other general or special law to the contrary, Misael Rodriguez’s
18 annual earnings from employment in the service of the commonwealth or a county, city, town,
19 district or authority, including as a consultant or independent contractor or as a person whose
20 regular duties require that his time be devoted to the service of the commonwealth or a county,
21 city, town, district or authority during regular business hours, may equal not more than one-half
22 the amount of his retirement allowance without refund penalty. Misael Rodriguez shall not be
23 eligible for employment under Groups 3 and 4 of the retirement system while receiving benefits
24 under this act. Misael Rodriguez may be employed by a private entity or in the private sector
25 without refund penalty; provided, however, that his service is not devoted to the commonwealth
26 or a county, city, town, district or authority.
27(d) Upon retirement, Misael Rodriguez shall receive a lump sum payment from the
28 Springfield retirement board equal to his total accumulated retirement deductions.
29(e) In the event that Misael Rodriguez predeceases his spouse, his surviving spouse shall
30 be entitled to 75 per cent of Misael Rodriguez's annual pension, paid monthly, as long as such
31 spouse shall live; provided, however, that when Misael Rodriguez would have reached the
32 mandatory retirement age, his spouse shall continue to be entitled to 75 per cent of the annual
33 pension, including any cost of living increases, as defined in sections 102 and 103 of chapter 32
34 of the General Laws, that Misael Rodriguez would have received upon reaching the mandatory
35 retirement age; and provided further, that if his spouse is eligible for benefits under this section
36 and under option (c) of section 12 of said chapter 32, the spouse shall elect to receive either a
37 benefit under said option (c) or a benefit under this section but shall not be eligible for both
38 benefits.
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39(f) If Misael Rodriguez and his spouse predecease their children, the surviving unmarried
40 children, if any, who are under the age of 18, or under the age of 22 and are full-time students at
41 an accredited educational institution, or who are over age 18 and physically or mentally
42 incapacitated from earning income on the date of Misael Rodriguez's retirement, shall be entitled
43 to receive a pension of equal proportion, paid monthly, which shall total 75 per cent of the
44 amount of the pension payable to Misael Rodriguez at the time of his death. When a child no
45 longer meets the qualifications for receipt of a benefit under this section, the child's pension
46 allocation shall cease and any remaining qualified children shall continue to receive the same
47 amount each received before any child's allocation ceased. For purposes of this subsection, “full-
48 time student” and “accredited educational institution” shall have the same meanings as in clause
49 (iii) of paragraph (a) of subdivision (2) of section 7 of chapter 32 of the General Laws.
50SECTION 2. Misael Rodriguez shall be indemnified for all hospital, medical and other
51 healthcare expenses, not otherwise covered by health insurance, related to treatment of injuries
52 that have been or may be incurred after the date of his retirement as a result of the injuries
53 sustained by him while in the performance of his duties on November 5, 2020.
54SECTION 3. Nothing in this act shall prohibit Misael Rodriguez, or his eligible spouse or
55 children, from receiving additional retirement benefits not required by this act.
56SECTION 4. The increase in the accidental disability retirement allowance under section
57 1 shall be effective as of July 31, 2024. The Springfield retirement board shall forthwith pay to
58 Misael Rodriguez a lump sum equal to the difference between the accidental disability retirement
59 allowance paid to him from July 31, 2024 through the effective date of this act and the accidental
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60 disability retirement allowance that would have been payable to him had this act been in effect as
61 of July 31, 2024.
62SECTION 5. This act shall take effect upon its passage.
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