A Massachusetts police officer or firefighter who receives an accidental disability retirement can be reimbursed for his or her post-retirement reasonable hospital, medical and surgical expenses if the municipality from which the firefighter or police officer retired has accepted G.L. c. 41 § 100B.
In order for a retiree to receive reimbursements pursuant to G.L. c. 41 § 100B, a three member panel must certify that the expenses involved were the natural and proximate result of the disability for which the employee was retired, that the expenses were incurred after acceptance of G.L. c. 41 § 100B by the retiree’s city or town, that the services to which the expenses relate were rendered within six months before the filing of the application, that the expenses were in no way attributable to the use of intoxicating liquor or drug or to his being gainfully employed after his retirement or to any willful act or conduct on his part, and that the expenses are reasonable under all the circumstances.
This benefit is only available to retired police officers and firefighters who satisfy the above-listed five requirements in Massachusetts communities which have voted to accept the provisions of G.L. c. 41 § 100B. Additionally, to receive indemnification for post-retirement medical and related expenses, the retiree seeking reimbursement or indemnification must have received an accidental disability retirement (ADR) and the expenses must be related to the injury or medical condition for which the ADR was granted. This benefit is not available to those receiving only ordinary or superannuation retirements.
The purpose of this law is to provide protection against medical and related expenses which were incurred as a result of an injury sustained in the official performance of a firefighter or police officer’s duty. When covered, these public safety retirees will not have to resort to health insurance coverage or pay out of pocket for reasonable medical and related expenses stained while in service to the public, so long as the above-listed five requirements are met.
In order to determine if an expense qualifies for reimbursement, cities and towns which have accepted G.L. c. 41 § 100B must establish a three-person indemnification panel to determine whether or not a particular expense qualifies. This panel is comprised of the City Solicitor or Town Counsel of the municipality from which the claimant retired, a physician designated by the City or Town, and the Chairperson of the municipal retirement board. Anyone aggrieved by a decision of the panel has the legal right to seek redress in the appropriate Superior Court or the Supreme Judicial Court, as an action in the nature of certiorari, filed pursuant to G.L. c. 249 § 4.