PAX Centurion - Winter 2016 - 2017

www.bppa.org PAX CENTURION • Winter 2016-2017 • Page 45 Legal Notes: Daniel Fogarty, Esq. Sandulli Grace P.C., Counsel to Members of the Boston Police Patrolmen’s Association By Bill Carroll See Sports Trivia Answers on page 49 Disability retirement benefits and paid details R ecently, the Union succeeded in confirming that Police Officers who are disabled while working a paid detail may be eligible for accidental disability retirement benefits. No one can deny the dangers that Police Officers face every day while serving and protecting our community. Too often, Police Officers suffer serious injuries on the job that prevent them from returning to work, and jeopardize their ability to provide for themselves and their families. Recognizing those risks, the law provides accidental disability retirement benefits to Police Officers permanently disabled by an on-duty injury. The idea that Police Officers injured during a paid detail were eligible for these benefits, in the same manner as an officer disabled during a normally scheduled tour, went unchallenged for decades. Then a Magistrate for the Division of Administrative LawAppeals issued a decision to the contrary in January 2015, which claimed Police Officers injured during a detail were ineligible for accidental disability retirement benefits. This unexpected, and unacceptable conclusion not only impacted the specific officer involved in the case, but every officer on the street. The Union, along with the Department and the Public Employee Retirement Administration Commission (or PERAC), worked to correct this matter. Now, there is no question that Police Officers may be eligible for accidental disability retirement benefits if they sustain a disabling injury while working a detail. Many issues related to the specific case remain unsettled. Importantly, though, the Contributory Retirement Appeals Board, often referred to as CRAB, issued a definitive ruling on the detail issue. CRAB “explicitly disavow[ed]” the Magistrate’s controversial and dangerous opinion. The CRAB decision described the many ways in which Police Officers are performing public safety duties while working a paid detail. For example, the Department’s own rules provide that a “paid detail is an official Department assignment.” While working a detail, Police Officers are expected to protect the public, and enforce the laws of the Commonwealth and the City. The decision highlighted the dangers Police Officers face while working a paid detail. CRAB analyzed data provided by PERAC, which suggested that a significant percentage of career-ending injuries occur during a paid detail. While working a detail, Police Officers risk being hit by a vehicle or being assaulted by an unruly spectator. These risks will likely rise as the residents of our City overindulge this holiday season. CRAB also pointed to the recent rise in active shooter incidents, noting that “a detail officer at a public space or crowded venue may find herself in the position of being among the first to respond to the threat.” CRAB also looked at the specific statute, and noted that nothing in the statute limits accidental disability retirement benefits to “regular” duties. Instead, CRAB stated that the statute is intended to apply whenever a Police Officer is disabled during “any task that it is [his or] her duty to perform…whether it is [his or] her regular assignment … an overtime assignment, or a special or detail assignment.” It also pointed to a number of cases interpreting the same, or similar language to include paid details within the meaning of a Police Officer’s “duties.” Attorneys often caution clients about the uncertainty of litigation. In this case, a Magistrate’s flawed analysis caused over a year and a half of uncertainty. Now, as a result of the Union’s efforts, there is clear and helpful language to protect the rights of Police Officers disabled while working a detail. It is important to know this benefit is there, but hopefully you will never need it. Have a wonderful, and safe holiday season. 1. Can you name the five retired Major Leaguers who had 50 home runs and 50 doubles in the same season? 2. Prior to Kris Bryant in 2016 who was the last Cub to be names National League MVP? 3. Who led Major League baseball in saves in 2016? 4. Can you name the three Boston Celtics to win the NBAMVP Award? 5. Who was the last back to back NHLMVPAward winner? 6. Can you name the last twenty game winner of the Tampa Bay Rays? 7. Can you name the NFL team that drafted Brett Favre? 8. When was the last time the Michigan Wolverines were football National Champions? 9. Entering the 2016 season which quarterback held the record for wins as a starter? 10. Who holds the NFL career scoring record?