Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
as follows:
SECTION 1.
Notwithstanding the provisions of any general or special
law or rule to the contrary, the retirement board of the city of Fall River is
hereby authorized and directed to increase the pension payable to Walter
Nicolau, a retired firefighter in the department of the city of Fall River who,
as a result of injuries sustained by him while in the performance of his duties
as a firefighter, is totally disabled for further service as a
firefighter. The annual amount of pension payable to Walter Nicolau under the
provisions of
this act shall be fixed at an amount equal to the regular rate of compensation
which he would have been paid had he continued in service as a firefighter of
said city at the grade held by him at the time of his retirement. The annual
pension payable to said Walter Nicolau under the provisions of this act shall
be reduced by the amount of any compensation he may receive from gainful
employment after the effective date of this act. Said Walter Nicolau shall be
entitled to receive all annual cost of living adjustments in his annual pension
granted under the provisions of any general or special law. Upon the effective
date of this act, the retirement board of said city shall forthwith pay to him
all the amounts standing to his credit in the annuity savings or annuity
reserve funds for the retirement system of said city.
SECTION 2.
The provisions of section 100 of chapter 41 of the
General Laws shall apply to Walter Nicolau, relative to the indemnification by
the city of Fall River, for any hospital, medical or related expenses which may
be incurred by him after the effective date of this act as a result of the
aforementioned incapacity.
SECTION 3.
Upon the death of said Walter Nicolau, if he leaves a
wife surviving him and as long as she remains unmarried, the city of Fall River
shall pay to her an annual annuity equal to the amount of three-fourths of the
amount of the pension payable to said Walter Nicolau at the time of his death.
Upon the death or remarriage of the survivor wife of said Walter Nicolau, said
city shall pay to the surviving children of Walter Nicolau until the age
of 18,
a pension of equal proportion to each child which shall total three-fourths of
the amount of the pension payable to Walter Nicolau at the time of his death.
SECTION 4.
This act shall take effect upon its passage.
Approved April 23, 1998.