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JULY 2000 - Legislature Adds Provision To Budget - One of the oldest most archaic provisions of Massachusetts retirement law (Chapter 32) is about to change. After years of lobbying by survivors, the Professional Firefighters (PFFM), the Mass Police Association, and our Association, those members receiving survivor’s pensions will now be able to remarry if they so chose.

During this year’s budget debate in the House, Representatives Rachel Kaprielian (D-Watertown) and Paul Casey (D-Winchester) were able to amend the annual state budget to include the remarriage language. Last year, Boston Retirement Board member and retired firefighter John "J.J." Jennings was able to secure the personal guarantee of Speaker Thomas Finneran that the bill would be acted on by the House.

After the House passed the provision in early April, Association lobbyists, along with PFFM Secretary/Treasurer Ken Donnelly, swung into action to convince the Senate leadership to support the House amendment. When the Senate’s version of the FY 2001 budget was released in mid-May, the remarriage language was included in the document. This followed several meetings with Senate Ways and Means Chairman Mark Montigny (D-New Bedford).

"When I had the opportunity to get the Speaker’s ear for a few moments last year, I knew I had to make a pitch for this important bill.When he told me it would get done, I knew it was going to happen this year," reports J.J. Jennings. "Kenny (Donnelly) and Ralph White (Association President) took the fight to the Senate and convinced the chairman to put it in his budget. I’m just glad that we were finally able to get this done for the survivors."

All Retirees Now Covered

Under the current law only Option C survivors have the right to remarry without the loss of their survivor’s pension. With this change all survivors, regardless of the origin of their pension, will be able to remarry without losing the benefit. Unfortunately, there is no provision in the current law or pending change to reinstate the pensions of survivors who have already lost their benefit due to remarriage. Most, if not all, substantive changes in the pension law are applied prospectively and not retroactively.

Another aspect of remarriage that still must be considered is the forfeiture of the survivor’s health insurance coverage. Unfortunately, the legislation only covers the right to maintain the pension benefit, not health insurance coverage. Separate legislation is now pending to allow survivors to maintain the health insurance coverage upon remarriage.

"Allowing these survivors to keep their pensions while they move on with their lives is a great victory for many people," comments Ralph White. "I have personally spoken with many survivors, mostly widows, who are very thankful that this measure is now going to the Governor. So many people deserve thanks for finally getting this done."

While the measure still must be included in the final version of the budget, yet to be released from conference, the fact that the identical language was passed by both the House and Senate virtually guarantees its final passage.

 
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