Chapter
402. AN ACT RELATIVE TO THE ORDER OF CERTAIN
PERSONS ON ELIGIBLE LISTS FOR APPOINTMENT AS
FIREFIGHTER OR POLICE OFFICER.
Whereas. The deferred operation of this act would tend to defeat its
purpose, which is to immediately facilitate the appointment of
firefighters and police officers on eligible lists, therefore it is hereby
declared to be an emergency law, necessary for the immediate
preservation of the public welfare.
Be it enacted, etc.. as follows:
SECTION 1. Section 26 of chapter 31 of the General Laws, as appearing
in the 1984 Official Edition, is hereby amended by striking out the
seventh paragraph and inserting in place thereof the following three
paragraphs:-
Notwithstanding any other provisions of this chapter or of any other
law, a son or daughter of a firefighter or police officer who passes the
required written and physical examination for entrance to the fire or
police service shall have his or her name placed in the first position on
the eligible list for appointment to such fire or police service if: (1) in
the case of a firefighter, such firefighter while in the performance of his
duties and as the result of an accident while responding to an alarm of
fire or while at the scene of a fire was killed or sustained injuries which
resulted in his death; or (2) in the case of a police officer, such police
officer while in the performance of his duties and as a result of an
assault on his person was killed or sustained injuries which resulted in his
death.
Notwithstanding any other provision of this chapter or of any other
law, the son or daughter of a firefighter or police officer who passes the
required written and physical examination for entrance to the fire or
police service shall have his or her name placed on the eligible list for
appointment to such fire or police service immediately below the names
of disabled veterans as provided for in the first paragraph, provided that
said firefighter or police officer has been retired at a yearly amount of
pension equal to the regular rate of compensation which he would have
been paid had he continued in said service at the grade held at the time
of retirement, pursuant to a special act of the legislature in which said
firefighter or police officer is determined to be permanently or totally
disabled, provided further that (1) in the case of a firefighter, such
firefighter while in the performance of his duties and as the result of an
accident while responding to an alarm of fire or while at the scene of a
fire sustained injuries which resulted in his being permanently and totally
disabled; or (2) in the case of a police officer, such police officer while
in the performance of his duties and as a result of an assault on his
person sustained injuries which resulted in his being permanently and
totally disabled. Should more than one applicant be eligible for
appointment pursuant to the provisions of this paragraph, said applicants
shall be ordered according to their respective standings.
For the purposes of determining the order of persons on eligible lists
pursuant to this section, the presumptions created by sections
ninety-four and ninety-four A of chapter thirty-two, shall not be
applicable to the death or disablement of any firefighter or police
officer whose son or daughter is eligible for appointment.
SECTION 2.
The provisions of section twenty-six of chapter
thirty-one of the General Laws, as amended by section one, shall apply
to all appointments made from eligible lists promulgated by the
administrator after the effective date of this act.
Approved October 18, 1985.
