Legislation
State Police Disability Bill Moving | State Police Disability Bill Moving |
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SEPTEMBER 1999 - Since
the passage of the last controversial disability law (Chapter 306, Acts
of 1996) over 2 1/2 years ago, we've reported on countless bills,
including our Association's H-305 (see January Voice), that deal with
disability retirees returning to work. While a technical corrections
bill (Chapter 427, Acts of 1996) was passed right after Chapter 306's
enactment, no other major piece of legislation, on disability retirees'
returning to work, has been passed.
"Since 1996, the General Court has been searching for a consensus among the interested parties, including ourselves," reports Legislative Chairman Bill Hill. "Apparently it's been a difficult road to travel and continues to be." Over the course of years, what appeared, on its face, to be a fairly straightforward proposition - bringing formerly disabled retirees back to work - has given rise to a multitude of complex issues. They include whether the retiree's former employer should again have a say in his return, what level of retraining (particularly for public safety retirees) should take place, and whether the formerly disabled worker should receive full credit for his time while disabled without any cost to him. H-1805: Comprehensive Package While bills that address these and other issues for all disability retirees, like our H-305, continue to be studied by the Public Service Committee, one bill, dealing with one segment of disability retirees, appears to be moving. That group is comprised of disabled state police and the bill, dealing with these retirees, is H-1805. In contrast to most - if not all other - bills in this area, H-1805 has the distinction of being reported out favorably by Public Service and not held there for study. Currently the bill is in House Ways and Means. H-1805 could be characterized as a comprehensive disability package for state police, with the supposed backing of both the union and management. Here's a quick summary. First, it requires any retiree, out for more than 3 years to go through the complete academy like a new recruit. If out more than one but less than three, the retiree must complete a retraining program developed by management. While the department is not given final approval - veto power - on whether a retiree is fit to return, the state police's physician is given special status (sits on the medical panel which determines the retiree's medical fitness). Also, the Public Employee Retirement Administration Commission must consult with the state police's rating board as it evaluates disabled state troopers and their fitness to return. According to H-1805, the retiree, returning to work, must buy back all the time he is out on disability. If the retiree remains on the job for less than 5 years, then his pension will be the same as it was when he returned to work. Lastly, the bill would affect any disabled trooper who has not been sworn back into duty. In contrast to most of the bills now before Public Service, H-1805's coverage is much broader (i.e., not limited to those disability retirees who are evaluated or seek to return after the bill's effective date). "If passed, H-1805 would undoubtedly have a significant impact on a disabled state trooper's decision to return, "states Counsel Bill Rehrey. "Whether it would establish a precedent for legislation, dealing with other public safety workers, is conjecture at this time since the state police disability program has traditionally been separate and distinct within the state's retirement law." |
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