- 4 -
percent disability pension and instead receives a 60-percent
pension under section 59-21 of the Pawtucket City Code. The
firefighter agreement has identical provisions.
Petitioner could not work from January 2, 1991, to March 12,
1992, because of a work-related injury. During that time,
petitioner received his regular wages from Pawtucket under the
firefighter agreement.
On March 12, 1992, Martin E. Joyce, Jr. (Joyce), Pawtucket's
director of human resources, notified petitioner that he would
automatically be placed on a service retirement if he did not
return to work by July 2, 1992. Petitioner never returned to
work as a firefighter.
On March 20, 1992, Joseph E. Burns (Burns), Pawtucket's
acting fire chief, wrote a letter to petitioner in which he
stated in part:
You are hereby notified that you have been out injured
since 1/2/91. On July 2, 1992 you will reach 18 months
on disability and you have to return to work prior to
20 months of disability or you will be placed on
service retirement.
On August 18, 1992, Burns wrote a letter to petitioner in
which he said:
On September 2, 1992, your 20 months on disability will
be exhausted.
According to the contract agreement between the City of
Pawtucket and Local #1261, disability pension benefits
only apply to those with under 25 years of service.
Because you have over 31 years of service with the fire
department, please contact the Human Resource
Department to file for your retirement in accordance
with the benefits of your contract.
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011