H 4862

Section 1. Notwithstanding the provisions of any general or special law to the contrary, Jennifer O. Brown, a patrol officer in the police department of the town of Monterey, may continue in such office or position until she reaches age 70; provided, however, that she is mentally and physically capable of performing the duties of her office or position; and provided, further, that she shall hold said office subject to the approval of or removal by the appointing authority. The appointing authority may, at its own expense, require said Jennifer O. Brown to be examined by the retirement board of the Berkshire County Retirement System to determine her capability for continued service. No further deductions shall be made from the regular compensation of Jennifer O. Brown under said chapter 32 for any service subsequent to her reaching 65 years of age and, upon retirement, Jennifer O. Brown shall receive a superannuation retirement allowance equal to that which she would have been entitled had she retired at 65 years of age. Should said Jennifer O. Brown be determined to be not capable of continuing in service pursuant to an examination by an impartial physician as provided for in this act, she shall be retired for superannuation, and shall not be presumed by virtue of such determination to be disabled for the purposes of said chapter 32. Section 2. This act shall take effect upon its passage.