3 Mass. App. Ct. 57 | Mass. App. Ct. | 1975
The petitioners, employees of the town of Falmouth (town),
General Laws c. 32B, § 11F, relating to disability income insurance for public employees for nonoccupational injury or disease, is one of a series of sections added recently to the General Laws that provide for insurance benefits to public employees additional to the basic coverage provided under G. L. c. 32B, § 3, upon acceptance of the particular sections by a municipality. Section 11F, prior to its amendment by St. 1973, c. 789, § 9, provided in pertinent part that upon acceptance, “[T]he appropriate public authority of the governmental unit may[
We need not now decide whether, at the time the present dispute arose, the town meeting could legally have acted as it did in refusing to appropriate the necessary funds, as that issue has been resolved by the amendment to G. L. c. 32B, § 3, which was effected by St. 1974, c. 721,
As we have pointed out above, between the time of the trial court’s decision in this case and the time the appeal was briefed and argued, the governing substantive law has been changed. The procedures have also undergone drastic revisions.
So ordered.
The petitioners constituted the advisory committee on insurance for town employees provided for in G. L. c. 32B, § 3.
Section 11F now provides, in pertinent part, that the appropriate public authority “shall negotiate with one or more insurance companies and purchase ... (emphasis supplied).”
This statute was approved August 5, 1974, and reads in pertinent part: “If a town... having accepted the provisions of section ten accepts any other section of this chapter but fails to appropriate the funds necessary to implement said provisions, the selectmen... shall certify the cost to the town... in carrying out the provisions of this chapter to the board of assessors who shall include the amount so certified in the determination of the tax rate of that year.”
See amendments to the General Laws effected by St. 1973, c. 1114, and the Massachusetts Rules of Civil Procedure (and Transitional Rule 1A), which became effective on July 1, 1974.