Number 15 January 9, 1973

Number 15 January 9, 1973 Honorable Robert Q. Crane Treasurer and Receiver General Chairman. State Board of Retirement 73 Tremont Street Boston, Massachusetts 02108 Dear Chairman Crane: You have requested my opinion whether widows of public employees who had retired under the provisions of G. L. c. 32, §§ 56 and 57 are entitled to the annuities provided for in the recent amendment to G. L. c. 32, § 101, which provides for an annuity to widows of public em- ployees "who had been retired for ordinary disability under provisions of this chapter." St. 1972. c. 793. § 5 (effective January 1, 1973). Upon consideration of the relevant statutory provisions, my answer is in the affirmative. The receipt of annuities by widows of certain public employees is governed by G. L. c. 32, § 101, as amended, which provides, in perti- nent part: "In the event of the death of any former employee who had been retired under the provisions of this chapter after having been found to be incapacitated for further duty by reason of injuries sustained while in the performance of his duties, or who had been retired for ordinary disability under provisions of this chapter, under which retirement he was unable to pro- vide for any annual allowance to be paid his widow at the lime of his death, there shall be paid to such widow an annual 70 P.D. 12 allowance in the amount of sixteen hundred and eighty dol- lars, subject to the provisions of paragraph (e) section 102, for as long as she remains unremarried ..." The legislative intent of the 1972 amendment was to assist widows of public employees "who had been retired for ordinary disability under provisions of this chapter." Cf. Johnson v. Milton, 349 Mass. 736, 740. While G. L. c. 32, § 6 governs the retirement of "incapacitated" public employees generally, §§ 56 and 57 govern the retirement of "incapaci- tated" public employees who are "veterans" as defined in § 1 of c. 32. As such, the latter provisions, as well as § 6, are provisions of c. 32 per- taining to the retirement of public employees for "ordinary disability." Therefore, widows of public employees retired under §§ 56 and 57 of c. 32 are entitled to the allowances provided for in c. 32, § 101, as amended. Very truly yours, ROBERT H. QUINN Attornex General