Proceedings for Massachusetts Public Safety Employees Line of Duty Death

Benefits Pursuant to M.G.L. c. 32, § 100A. Proceedings for Massachusetts Public Safety Employees Line of Duty Death Benefits may be initiated by filing an application with the Retirement Board. The application shall consist of forms prescribed by the Board, and shall be considered filed as of the date upon which the applicant completes and submits all the required forms to the Board. (1) Required Forms. The eligible survivor(s) in the family of a firefighter, police officer or corrections officer who is killed or sustains injuries in the line of duty which are the direct and proximate cause of his death under circumstances described in M.G.L c. 32, § 100A may file an application for a one-time award in the amount of $100,000 by completing and filing with the Board a form entitled Line of Duty Death Benefit Chapter 32 §100A Beneficiary Claim Statement. (2) Other Required Documentation. Each such applicant must also file the following documentation with the Board: (a) Copies of any official reports and records describing circumstances and cause of death; (b) Copy of the Death Certificate; (c) Copies of a medical records relating to the injury and death; (d) Copy of the decedent's autopsy report, if an autopsy was performed; (e) If the deceased was previously retired for under the provisions of M.G.L. c. 32, or if any survivor has received or applied for death benefits under M.G.L. c. 32, the applicant must provide the complete records of the applicable proceedings before the retirement board of the retirement system in which the deceased was a member; (f) If the applicant is the spouse of the decedent, a copy of the applicant's birth certificate and a copy of the applicant's marriage certificate; (g) If the applicant(s) are the child(ren) of the decedent, copies of the birth certificates, and guardianship papers for minor children; and (h) If the applicant(s) is/are the parent(s) of the deceased, a copy of the decedent's birth certificate; copies of the parents' birth certificates; and such documentation as the Board may require as proof to show that said parent(s) was/were at least 50% financially dependent upon the deceased in the year prior to the death. (3) Investigation, Hearing and Notice. (a) Investigation. In order to reach a decision, the Board may conduct such investigation and require such other documentation as may be necessary to determine the facts. The Board may engage a medical expert of its choice to render an opinion to the Board as to medical aspects of any application, and shall provide a copy of such opinion to the applicant. (b) Hearing. The Retirement Board may hold a hearing on the application. If a hearing is held, the Board shall give all parties 30 days notice of the time and place for the hearing. (4) Decision. The decision of the Retirement Board shall be based on the record of the hearing or, if there is no hearing, on the record of the proceedings. A written decision shall be made and copies of the decision shall be sent to all parties. (5) Payment of Award: Payments Subject to Appropriation by Legislature. The award of the death benefit shall be in the form of a lump sum payment of $100,000 payable to the prevailing applicant. Such payment of award is subject, however, to appropriation by the Legislature.