2007-04-04-ATM-AC-rpt1 - Laserfiche WebLink

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APPROPRIATION COMMITTEE lst REPORT, APRIL 4, 2007, TO 2007 ATM Warrant Article Analysis and Recommendations Article 17• Accept MGL Chapter 32 Funds Requested Funding Source Committee Recommendation , Section 7(2)(a)(iii) None Approve (6-3) (Accidental Disability- Payments to Dependent Children)-and Section 9(2)(d)(ii) (Accidental Death -Payment to Dependent Children) The Lexington Retirement Board has requested that Town Meeting accept two provisions of the Massachusetts General Laws, M.G.L., Chapter 32, Sections 7(2)(a)(iii) and 9(2)(d)(ii). The first requires the payment of a supplemental dependent allowance to a governmental employee who is forced to retire prematurely because of a personal injury sustained as a result, and while in the performance, of duties as a governmental employee. The second mandates payments to dependent children where an employee has died as the natural and proximate result of a personal injury sustained as a result, and while in the performance, of duties as a governmental employee. Town Meeting cannot accept the second provision unless and until it has accepted the first. Section 7(2)(a)(iii) Section 7(2)(a)(iii), if accepted, requires the Town to pay an employee who must take early retirement because of an injury sustained while working for the Town, in addition to "regular" retirement benefits, a yearly supplemental dependent allowance for each of that employee's children who is a dependent at the time of that injury. The statute defines dependent children to include any unmarried child who is under the age of 18, who is over the age of 18 and under the age of 22 and is a full-time student at an accredited educational institution, or who is over 18 and physically or mentally incapacitated from earning on the date of the employee's retirement. The retired employee receives this annual supplemental dependent allowance so long as his child remains a dependent, as defined by the statute. The supplemental dependent allowance is increased, on an annual basis, by acost-of-living adjustment (COLA) determined by the Massachusetts Legislature. Currently, the supplemental dependent payment is $648.48 per year. Once Town Meeting accepts Section 7(2)(a)(iii), that acceptance cannot be revoked. The Town has, over the past several years, made supplemental dependent allowance payments to five qualifying retirees under this statute; however, no record demonstrating Town Meeting's prior acceptance of this statute has been found. Accordingly, Town Meeting is being asked to accept this statute "for housekeeping purposes." During calendar year 2007, a total of $6,484.80 will be paid to the five retirees who, among them, have ten children qualifying as dependents under the statute. That figure will change in Page 9 of 39