Mass. Gen. Laws ch. 31, sec. 26 — MA Code / Part I / Title IV / Chapter 31 / Section 26
Order of persons on eligible lists; veteran's preference; veterans with disabilities; fire and police service
Status: in_force

Section 26. The names of persons who pass examinations for original appointment to any position in the official service shall be placed on eligible lists in the following order: (1) disabled veterans, in the order of their respective standings; (2) veterans, in the order of their respective standings; (3) widows or widowed mothers of veterans who were killed in action or died from a service connected disability incurred in wartime service, in the order of their respective standings; (4) all others, in the order of their respective standings. Upon receipt of a requisition, names shall be certified from such lists according to the method of certification prescribed by the rules. The spouse or single parent of a veteran who was killed in action or died from a service connected disability incurred in wartime service, upon presenting proof from official sources of such facts, satisfactory to the administrator, and proof that such spouse or parent has not remarried, shall be entitled to the preference provided for in this section. The administrator may require any disabled veteran to present a certificate of a physician, approved by the administrator, that his disability is not such as to incapacitate him from the performance of the duties of the position for which he is eligible. The cost of a physical examination of such veteran for the purpose of obtaining such certificate shall be borne by the commonwealth. Notwithstanding the administrator's right to require a physician's certificate in the case of a disabled veteran, an appointing authority shall not require, request or accept an individual's military medical record or military personnel service record for the purpose of employment; provided, however, that an appointing authority may require, request or accept the individual's DD–214 form. An appointing authority shall not impose a term or condition on an individual as a condition of obtaining or retaining employment if compliance with the term or condition would require the individual to present the individual's military medical record or military personnel service record as set forth in this paragraph; provided, however, that an appointing authority may impose a term or condition requiring the individual to present the individual's DD–214 form. Nothing in this section shall prohibit an appointing authority to require military service records if the condition stated on the individual's DD–214 form is other than honorable. A person who has received a congressional medal of honor, distinguished service medal or silver star medal may apply to the administrator for appointment to or employment in a civil service position without examination. In such application he shall state under penalties of perjury the facts required by the rules. Age, loss of limb or other disability which does not, in fact, incapacitate shall not disqualify him for appointment or employment under this section. Appointing officers may make requisition for the names of any or all such persons and appoint or employ any of them. A person who has received a distinguished service cross or navy cross may, upon the recommendation of the administrator and with the approval of the commission, be appointed under the same conditions provided in this paragraph for a person who has received a medal of honor. An appointing authority shall appoint a veteran in making a provisional appointment under section twelve, unless such appointing authority shall have obtained from the administrator a list of all veterans who, within the twelve months next preceding, have filed applications for the kind of work called for by such provisional appointment, shall have mailed a notice of the position vacancy to each of such veterans and shall have determined that none of such veterans is qualified for or is willing to accept the appointment. A disabled veteran shall be retained in employment in preference to all other persons, including veterans. Notwithstanding this chapter or any other general or special law to the contrary, a son or daughter of a firefighter, police officer or correction officer who passes the required written and physical examination for entrance to the fire, police or correction service or a son or daughter of a firefighter who passes the required written and physical examination for appointment as a fire alarm operator shall have the son's or daughter's name placed in the first position on the eligible list or, where applicable, in the first position on the reserve roster for appointment to such fire, police or correction service or fire alarm service if: (i) in the case of a firefighter, such firefighter while in the performance of the firefighter's duties and as the result of an accident while responding to an alarm of fire or while at the scene of a fire was killed or sustained injuries which resulted in the firefighter's death; or (ii) in the case of a police officer, such police officer while in the performance of the police officer's duties and as a result of an assault on the police officer's person was killed or sustained injuries which resulted in the police officer's death; or (iii) in the case of a correction officer, such correction officer, while in the performance of the correction officer's duties and as a result of an assault on the correction officer's person was killed or sustained injuries resulted in the correction officer's death. Notwithstanding this chapter or any other general or special law to the contrary, a son or daughter of a firefighter, police officer or correction officer who passes the required written and physical examination for entrance to the fire, police or correction service or a son or daughter of a firefighter who passes the required written and physical examination for appointment as a fire alarm operator shall have the son's or daughter's name placed on the eligible list or, where applicable, on the reserve roster for appointment to such fire, police or correction service or fire alarm service immediately below the names of disabled veterans as provided in the first paragraph; provided, however, that said firefighter, police officer or correction officer has been retired at a yearly amount of pension equal to the regular rate of compensation which the firefighter, police officer or correction officer should have been paid had the firefighter, police officer or correction officer continued in said service at the grade held at the time of retirement, pursuant to a special act of the legislature in which said firefighter, police officer or correction officer is determined to be permanently or totally disabled; and provided further that: (A) in the case of a firefighter, such firefighter while in the performance of the firefighter's duties and as the result of an accident while responding to an alarm of fire or while at the scene of a fire sustained injuries which resulted in the firefighter being permanently and totally disabled or sustained injuries which resulted in the firefighter being permanently disabled; (B) in the case of a police officer, such police officer while in the performance of the police officer's duties and as a result of an assault on the police officer's person sustained injuries which resulted in the police officer being permanently and totally disabled; or (C) in the case of a correction officer, such correction officer while in the performance of the correction officer's duties and as a result of an assault on the correction officer's person sustained injuries which resulted in the correction officer being permanently and totally disabled. Should more than 1 applicant be eligible for appointment pursuant to this paragraph, said applicants shall be ordered according to their respective standings. For the purposes of determining the order of persons on eligible lists pursuant to this section, the presumptions created by sections ninety-four, ninety-four A and ninety-four B of chapter thirty-two, shall not be applicable to the death or disablement of any firefighter or police officer whose son or daughter is eligible for appointment.

Section 26. The names of persons who pass examinations for original appointment to any position in the official service shall be placed on eligible lists in the following order: (1) disabled veterans, in the order of their respective standings; (2) veterans, in the order of their respective standings; (3) widows or widowed mothers of veterans who were killed in action or died from a service connected disability incurred in wartime service, in the order of their respective standings; (4) all others, in the order of their respective standings. Upon receipt of a requisition, names shall be certified from such lists according to the method of certification prescribed by the rules.

The spouse or single parent of a veteran who was killed in action or died from a service connected disability incurred in wartime service, upon presenting proof from official sources of such facts, satisfactory to the administrator, and proof that such spouse or parent has not remarried, shall be entitled to the preference provided for in this section.

The administrator may require any disabled veteran to present a certificate of a physician, approved by the administrator, that his disability is not such as to incapacitate him from the performance of the duties of the position for which he is eligible. The cost of a physical examination of such veteran for the purpose of obtaining such certificate shall be borne by the commonwealth. Notwithstanding the administrator's right to require a physician's certificate in the case of a disabled veteran, an appointing authority shall not require, request or accept an individual's military medical record or military personnel service record for the purpose of employment; provided, however, that an appointing authority may require, request or accept the individual's DD–214 form. An appointing authority shall not impose a term or condition on an individual as a condition of obtaining or retaining employment if compliance with the term or condition would require the individual to present the individual's military medical record or military personnel service record as set forth in this paragraph; provided, however, that an appointing authority may impose a term or condition requiring the individual to present the individual's DD–214 form. Nothing in this section shall prohibit an appointing authority to require military service records if the condition stated on the individual's DD–214 form is other than honorable.

A person who has received a congressional medal of honor, distinguished service medal or silver star medal may apply to the administrator for appointment to or employment in a civil service position without examination. In such application he shall state under penalties of perjury the facts required by the rules. Age, loss of limb or other disability which does not, in fact, incapacitate shall not disqualify him for appointment or employment under this section. Appointing officers may make requisition for the names of any or all such persons and appoint or employ any of them. A person who has received a distinguished service cross or navy cross may, upon the recommendation of the administrator and with the approval of the commission, be appointed under the same conditions provided in this paragraph for a person who has received a medal of honor.

An appointing authority shall appoint a veteran in making a provisional appointment under section twelve, unless such appointing authority shall have obtained from the administrator a list of all veterans who, within the twelve months next preceding, have filed applications for the kind of work called for by such provisional appointment, shall have mailed a notice of the position vacancy to each of such veterans and shall have determined that none of such veterans is qualified for or is willing to accept the appointment.

A disabled veteran shall be retained in employment in preference to all other persons, including veterans.

Notwithstanding this chapter or any other general or special law to the contrary, a son or daughter of a firefighter, police officer or correction officer who passes the required written and physical examination for entrance to the fire, police or correction service or a son or daughter of a firefighter who passes the required written and physical examination for appointment as a fire alarm operator shall have the son's or daughter's name placed in the first position on the eligible list or, where applicable, in the first position on the reserve roster for appointment to such fire, police or correction service or fire alarm service if: (i) in the case of a firefighter, such firefighter while in the performance of the firefighter's duties and as the result of an accident while responding to an alarm of fire or while at the scene of a fire was killed or sustained injuries which resulted in the firefighter's death; or (ii) in the case of a police officer, such police officer while in the performance of the police officer's duties and as a result of an assault on the police officer's person was killed or sustained injuries which resulted in the police officer's death; or (iii) in the case of a correction officer, such correction officer, while in the performance of the correction officer's duties and as a result of an assault on the correction officer's person was killed or sustained injuries resulted in the correction officer's death.

Notwithstanding this chapter or any other general or special law to the contrary, a son or daughter of a firefighter, police officer or correction officer who passes the required written and physical examination for entrance to the fire, police or correction service or a son or daughter of a firefighter who passes the required written and physical examination for appointment as a fire alarm operator shall have the son's or daughter's name placed on the eligible list or, where applicable, on the reserve roster for appointment to such fire, police or correction service or fire alarm service immediately below the names of disabled veterans as provided in the first paragraph; provided, however, that said firefighter, police officer or correction officer has been retired at a yearly amount of pension equal to the regular rate of compensation which the firefighter, police officer or correction officer should have been paid had the firefighter, police officer or correction officer continued in said service at the grade held at the time of retirement, pursuant to a special act of the legislature in which said firefighter, police officer or correction officer is determined to be permanently or totally disabled; and provided further that:

(A) in the case of a firefighter, such firefighter while in the performance of the firefighter's duties and as the result of an accident while responding to an alarm of fire or while at the scene of a fire sustained injuries which resulted in the firefighter being permanently and totally disabled or sustained injuries which resulted in the firefighter being permanently disabled;

(B) in the case of a police officer, such police officer while in the performance of the police officer's duties and as a result of an assault on the police officer's person sustained injuries which resulted in the police officer being permanently and totally disabled; or

(C) in the case of a correction officer, such correction officer while in the performance of the correction officer's duties and as a result of an assault on the correction officer's person sustained injuries which resulted in the correction officer being permanently and totally disabled. Should more than 1 applicant be eligible for appointment pursuant to this paragraph, said applicants shall be ordered according to their respective standings.

For the purposes of determining the order of persons on eligible lists pursuant to this section, the presumptions created by sections ninety-four, ninety-four A and ninety-four B of chapter thirty-two, shall not be applicable to the death or disablement of any firefighter or police officer whose son or daughter is eligible for appointment.