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Disabled State Troopers: New Return-To-Work Law PDF Print E-mail
SEPTEMBER 2000 - Back in '96, the pension law on returning disability retirees to their former jobs was expanded to include state police (Chapter 306, Acts of '96). Ever since then, there have been ongoing disputes among disabled troopers, their former department, and employee union over returning them to work.

As we reported some months ago, both the state police department and union were pushing for passage of a bill (H- 4962) to establish a separate return to work process for disabled troopers. We suggested changes in the bill's original version, including our proposal that disabled troopers, out for 10 years or more, not be subject to the return-to-work process unless they so chose to be.

When the Governor signed the 2001 budget, it contained a revised version of H-4962. Effective this past July 1, a separate process has been established for disabled state troopers returning to work, which is markedly different from the existing process for other state and local retirees.

Key Features

It is noteworthy that our proposal to exempt disabled troopers, out for 10 years or more, is now law, with one added proviso requiring a disabled trooper to be evaluated (whether he could return) at least once. According to Legislative Chairman Bill Hill, "We were able to persuade the legislative leadership that it was unnecessary to continue evaluating long-standing disabled troopers unless they want to return."

Another of our proposals was also included in the revised version. If a trooper returns to work and is paid less than what is currently being paid for the position from which he was retired, then he will be paid the difference and made whole.

Among the significant changes in the law is the resumption of department (in this case, state police colonel) approval before a former trooper could resume his position - referred to as certification. "Spurred on by the Boston Globe Spotlight series back then, Chapter 306 eliminated department head approval in the return-to-work process," recalls Hill. "Over the past 3 years, officials, particularly those at the local level, have made that elimination a major bone of contention. "Another is the requirement that upon returning to work the trooper must pay for the time he was out on disability in order to get creditable service. Our Association opposed a provision in the bill's original version, which would have required the trooper to buy back all of the time before he could resume work. As it stands now, other (non state troopers) disability retirees, resuming their old job, obtain that creditable service for free.

As part of the attempt to establish a separate process, the new law transfers the principal decision-making (on the retiree's fitness to work old job) from the state retirement board to the state police's rating board. In addition to his certification authority, the colonel has been granted wide ranging powers (see below). Also, the state police surgeon, now appointed by the colonel, will be on the medical panel for examinations under the new process.

Other key features of the new law are that troopers:

  • Out more than 3 years, must complete state police academy training as required by the colonel.
  • Out more than 2 years, can be placed in any position for which they are qualified as determined by the colonel.
  • Suffering the same disability within 1 year after returning to work, will receive a pension no greater than their former retirement allowance.
  • Currently on disability and not fully reinstated as a sworn member of the department, are subject to the new law.

Other Disability Retirees

Earlier this year when House Ways and Means reported out H 4962, a similar piece of legislation, which applied to all other disability retirees (H 4963) came out of that committee. When the formal session ended on July 31, no further action on H 4963 had been taken.

Naturally, the new state police law begs the question whether we will see the passage of similar legislation before the year's end or next year. Is it, so to speak, a forerunner?

"It's extremely doubtful that there would be any further action on the return-to-work issue before December 31," comments Hill. "Ourselves, as well as employee unions, raised strong objections to H 4963."

Prominent among the opposition to H-4963 was the Boston Police Patrolmen's Association (BPPA). "We had serious problems with that bill and made the State House well aware of them," states Jim Barry, BPPA's legislative agent.

"While it's safe to say nothing more will happen this year, the problems, with returning disability retirees to work, will not go away. Then perhaps it could be said that the new state police law could be a forerunner of more changes (for other disability retirees) somewhere down the road during the 2001-2002 legislative session," concludes Hill.

 
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