William E. Levesque - Page 3




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          B.   Petitioner's Disability Pension                                        
               Pawtucket and the union had a collective bargaining                    
          agreement that covered July 1, 1991, to June 30, 1993 (the                  
          firefighter agreement).  As a member of the union, petitioner was           
          entitled to receive pension benefits under article II, sections             
          59-14 to 59-28.1 of the Pawtucket City Code, entitled                       
          "Firefighters' and Police Pension Fund".                                    
               Section 59-20 of the Pawtucket City Code provides that a               
          firefighter may retire after completing 20 years of service and             
          receive a regular service pension equal to 50 percent of his or             
          her average 3 highest years' salary.  Firefighters who retire               
          after more than 20 years of service may receive an additional               
          retirement benefit under section 59-21 of the Pawtucket City Code           
          of 2 percent for each year of service over 20 years, but not more           
          than an additional 5 years, with a maximum retirement benefit of            
          60 percent.  The firefighter agreement has identical provisions.            
               Under section 59-24.A of the Pawtucket City Code, police               
          officers and firefighters who become totally and permanently                
          disabled may receive disability pensions equal to 66-2/3 percent            
          of their highest years' salaries.  However, section 59-24.B of              
          the Pawtucket City Code provides that a disability pension                  
          received under section 59-24.A of the Pawtucket City Code                   
          converts to a regular service pension when the employee reaches             
          his or her normal retirement date "as though he or she had not              
          been disabled."  Thus, an employee who becomes disabled after               
          completing 25 years of service is not entitled to a 66-2/3-                 


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