Revised DeNapoli Benefit Bill in Front of City Council Tonight

A benefit package for Officer Robert DeNapoli, who was shot multiple times and seriously wounded during an armed robbery in 2011, will be back in front of Woburn City Council tonight. 

The new package is being put forward by Mayor Scott Galvin. 

Previously, a package was approved by the city council on June 18 that stated that DeNapoli would be able to retire on disability at his current age of 52 and receive 100 percent of the pay he would have received until age 65. After that, he would receive a disability pension equal to 100 percent of his pay for the rest of his life.

That bill was forwarded to the state legislature but was kicked back because it was not signed by the mayor.

Galvin had originally asked the city council to approve special legislation that also allowed DeNapoli to receive 100 percent of what he would have made until the age of 65, but would have then had his pension cut to 80 percent of his pay after that age. On Wednesday, June 12, a city committee voted to amend the legislation to allow him to receive 100 percent of his pay after the age of 65. 

The new special act being put forward by Galvin tonight is similar to the original benefits package he proposed, he states in a letter to the city council. He said it is also similar to a special act recently approved in Somerville for an officer there who was also shot in the line of duty. 

"The revised Special Act being submitted for your consideration is consistent with that which was approved unanimously last week by the Somerville Board of Aldermen and approved by Mayor Curtatone," Galvin states. "It is identical to the Special Act Legislation that I submitted previously to the City Council, with two exceptions. First, I removed the provision that all sums paid by Officer DeNapoli into the retirement system be returned in one lump sum (historically provided only as a death benefit)."

The other change, Galvin explains, is that after DeNapoli reaches 65 years of age, the pension will be 80 percent of his pay for the 12 months prior to that day rather than an average of 36 months. Since his pay will go up with cost of living adjustment that average will likely be higher than what it would have been in the original proposal. 

It is still less than the payout of 100 percent of his pay after turning 65 that was approved by city council. 

Woburn Patch will be at the City Council meeting tonight to cover the proceedings. We will also be tweeting developments from the meeting. Following along at twitter.com/WoburnPatch

Read the full text of the proposed special act: 

ORDERED: Be it ordained by the City Council of the City of Woburn that a petition be filed with the General Court to the end that legislation be adopted precisely as follows.  The General Court may make clerical or editorial changes of form only to the bill, unless the Mayor approves amendments to the bill before enactment by the General Court.  The Mayor is hereby authorized to approve amendments which shall be within the scope of the general public objectives of this petition.

An Act relative to the disability retirement of Woburn police officer Robert DeNapoli.

SECTION 1.  Notwithstanding any general or special law to the contrary and in order to promote the public good, the Woburn retirement board is directed to retire Robert DeNapoli, a Woburn Police Department Officer who was seriously injured in the line of duty on September 6, 2011, and as a result, is totally and permanently incapacitated from performing the essential duties of a police officer. Said benefits shall be paid and administered in accordance with section 7 of chapter 32 of the General Laws.

SECTION 2. In addition to the retirement benefits  granted under section 7 of Chapter 32 hereunder, the city of Woburn shall grant Robert DeNapoli additional  benefits, such that he will receive, on a pre- tax basis, additional sums that together with his benefits under said section 7 of chapter 32, shall equal the regular rate of compensation which would have been payable to the said Robert DeNapoli had he continued in service as a police officer of the police department of the city of Woburn at the grade held by him at the time of his retirement.  Such retirement shall become effective commencing on the date immediately following the final day for which he received regular compensation for such employment.  This increased disability retirement allowance shall end when the said Robert DeNapoli turns 65 years of age at which time his disability retirement allowance shall revert to an amount equal to 80 per cent of the average annual rate of compensation paid in the previous 12 months, or upon his death, whichever first occurs.  The additional benefits granted herein shall be funded and administered by the Woburn retirement board, consistent with and subject to said chapter 32, except that sections 8 and 91A of said chapter 32 shall not apply. 

SECTION 3. If the said Robert DeNapoli is married at the time of retirement, then upon his death, the Woburn retirement board is directed to pay to such surviving spouse, if then living, a pension,  payable in monthly installments, in the  amount of three-fourths of the annualized amount of the pension payable to the said Robert DeNapoli on the date of death.  Said pension shall be subject to section 103 of chapter 32.

SECTION 4. The said Robert DeNapoli shall be indemnified for hospital, medical, and other healthcare expenses related to treatment of injuries sustained while in the line of duty on September 6, 2011, or not otherwise covered by health insurance. 

SECTION 5. This act shall take effect upon its passage.