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2012 -- H 7616 | |
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LC01620 | |
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STATE OF RHODE ISLAND | |
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IN GENERAL ASSEMBLY | |
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JANUARY SESSION, A.D. 2012 | |
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____________ | |
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A N A C T | |
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RELATING TO LABOR AND LABOR RELATIONS - RE-EMPLOYMENT OF WORKERS | |
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WHO BECOME DISABLED | |
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Introduced By: Representatives Ehrhardt, Naughton, Savage, Martin, and Morgan | |
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Date Introduced: February 16, 2012 | |
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Referred To: House Labor | |
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It is enacted by the General Assembly as follows: | |
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1-1 |
SECTION 1. Section 28-31-5 of the General Laws in Chapter 28-31 entitled "Workers' |
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Compensation - State and Municipal Employees" is hereby amended to read as follows: |
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28-31-5. Payment of benefits for state employees. -- (a) The expenses incurred for and |
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in behalf of the state under the provisions of sections 28-31-3, 28-33-5, 28-33-12, 28-33-16, 28- |
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33-17, 28-33-18, 28-33-19, 28-33-34, 28-33-35, 28-33-36, 28-33-37, and 28-33-39 and for |
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benefits similar to the benefits provided for employees of employers other than the state under the |
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provisions of section 28-37-8 as determined by a prior agreement or settled as provided by |
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section 28-31-4 or by the department's preliminary determination or decree of the workers' |
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compensation court, shall be paid out of any money in the state treasury not otherwise |
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appropriated and the state controller shall draw his or her order or orders upon the general |
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treasurer for the payment of the claim in accordance with the provisions of the agreement, |
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preliminary determination, or decree upon receipt by the controller of a copy of the agreement or |
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preliminary determination certified by the director or of a copy of the decree certified by the |
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1-14 |
administrator of the workers' compensation court. |
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(b) Payments for continuing total incapacity until the employee's total incapacity has |
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ended or until his or her death similar to the payments which are provided for employees of |
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employers other than the state by section 28-37-8 shall in the case of an employee of the state be |
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paid out of any money in the state treasury not otherwise appropriated. |
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(c) Benefits similar to the provisions of section 28-37-8 shall be paid to employees of the |
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2-20 |
state whose final payment attaining the maximum limit for compensation for total incapacity as |
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2-21 |
provided by section 28-33-17 is paid subsequent to January 1, 1969 and who continue to be |
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2-22 |
totally incapacitated for work due to an injury sustained while employed by the state. |
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(d) The provisions of this section are subject to the provisions of section 28-33-18.2 |
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2-24 |
suitable alternative employment, and section 28-33-47, reinstatement of injured worker. |
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2-25 |
SECTION 2. Sections 36-4-23.1, 36-4-25 and 36-4-39 of the General Laws in Chapter |
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36-4 entitled "Merit System" are hereby amended to read as follows: |
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2-27 |
36-4-23.1. Reemployment lists. – (a) Any person who holds full status in the classified |
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2-28 |
service and resigns in good standing shall be entitled to have his or her name placed on an |
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appropriate reemployment list, provided that the person so requests in writing within three (3) |
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2-30 |
years of the date of his or her termination from the state service. |
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(b) Any person with full status who has resigned and whose appointing authority has |
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2-32 |
failed to certify that he or she has resigned in good standing or any person with full status who |
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2-33 |
has been dismissed from the classified service may request in writing within three (3) years of the |
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2-34 |
date of his or her termination that his or her name be placed on the appropriate reemployment list |
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2-35 |
and the request may be granted at the discretion of the personnel administrator. Each name placed |
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2-36 |
on a reemployment list shall be stricken therefrom at the expiration of three (3) years from the |
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2-37 |
official termination date. |
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(c) Any person who holds full status in the classified service and who has sustained a |
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2-39 |
compensable injury under the provisions of chapter 28-31 and/or sections 16-16-14, 16-16-16, |
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16-16-17, 36-10-12, 36-10-14, 36-10-15, 45-21-20, 45-21-21, 45-21.2-7, and/or 45-21.2-9, upon |
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written demand for reinstatement pursuant to section 28-33-47 shall be entitled to have his or her |
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name placed on an appropriate reemployment list. |
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36-4-25. Designation of appropriate list for filling of vacancies. -- The preferred |
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reemployment list shall have precedence over all other lists for the filling of vacancies of |
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comparable or less comparable positions in state service until the list is exhausted. |
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appointing authority |
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list to fill the vacancy and shall request the personnel administrator to certify the names of |
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persons eligible for appointment from the |
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in the event of the reorganization of a department or division, or the abolishment of a position or |
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2-52 |
positions in state service, any classified employee with permanent status affected thereby shall be |
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2-53 |
placed in a comparable position within the department or division. If, however, placement within |
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3-1 |
the department or division is not possible, then the affected employee shall be placed in a |
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comparable position elsewhere in state service. Whenever a position is allocated or reallocated |
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upward, the classified employee with permanent status holding that position shall be given an |
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opportunity to qualify for the allocated or reallocated position by taking a qualifying examination |
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and shall be placed on leave of absence from the old position until the employee has gained status |
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or failed to qualify for the position. |
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Whenever a vacancy does exist in any position in the classified service, the appointing |
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3-8 |
authority may choose to use either the employment or promotion list to fill the vacancy and shall |
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request the personnel administrator to certify the names of persons eligible for appointment from |
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3-10 |
the designated list provided there are no persons eligible for appointment on the reemployment |
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3-11 |
list. |
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3-12 |
36-4-39. Retirement or transfer to light duty. – (a) When an employee has become |
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3-13 |
physically or mentally incapable of or unfit for the efficient performance of the duties of his or |
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3-14 |
her position with or without reasonable accommodation by reason of infirmities due to advanced |
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3-15 |
age or other disability, it shall be the duty of the appointing authority to transfer the employee to |
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3-16 |
less arduous duties or to order his or her retirement. The appeal procedure established for |
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3-17 |
dismissals shall apply to retirements ordered under authority of this section. |
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3-18 |
(b) The provisions of this section are subject to the provisions of section 28-33-18.2 |
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3-19 |
suitable alternative employment and section 28-33-47 reinstatement of injured worker. |
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SECTION 3. Sections 16-16-14, 16-16-16 and 16-16-19 of the General Laws in Chapter |
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3-21 |
16-16 entitled "Teachers' Retirement" are hereby amended to read as follows: |
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3-22 |
16-16-14. Retirement for ordinary disability. -- (a) Application for ordinary disability |
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3-23 |
may be made by a teacher, his or her department head, or a person acting in the teacher's behalf, |
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3-24 |
while in active service or on leave of absence for illness, provided that the teacher has had five |
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3-25 |
(5) or more years of total service of which at least three (3) consecutive years shall have been as a |
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3-26 |
teacher, and the teacher is not entitled to a regular service retirement allowance. A statement from |
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3-27 |
a physician shall accompany the application stating that the teacher is physically or mentally |
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3-28 |
incapacitated for the performance of duty and that he or she should be retired. |
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(b) A medical examination of the teacher shall be made by three (3) physicians engaged |
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3-30 |
by the retirement board for this purpose, and should the medical examination show that the |
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3-31 |
teacher is physically or mentally incapacitated for the performance of |
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3-32 |
with or without reasonable accommodation and ought to be retired, the physicians shall so report |
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and certify to the retirement board and the retirement board, may retire the teacher for ordinary |
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3-34 |
disability. |
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(c) The retirement board shall establish uniform eligibility requirements, standards, and |
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4-2 |
criteria for ordinary disability which shall apply to all members who make application for |
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4-3 |
retirement for ordinary disability. |
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(d) The provisions of this section are subject to the provisions of section 28-33-18.2 |
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4-5 |
suitable alternative employment and section 28-33-47 reinstatement of injured worker. |
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4-6 |
16-16-16. Retirement for accidental disability. -- (a) Medical examination of an active |
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4-7 |
teacher or a member on leave of absence for illness or injury for accidental disability, and |
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investigation of all statements and certificates by him or her or in his or her behalf in connection |
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4-9 |
with the accidental disability, shall be made upon the application of the head of the department in |
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4-10 |
which the teacher is employed or upon application of the teacher, or of a person acting in his or |
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4-11 |
her behalf, stating that the teacher is physically or mentally incapacitated for the performance of |
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4-12 |
service as a natural and proximate result of an accident, while in the performance of duty, and |
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4-13 |
certify the definite time, place, and conditions of the duty performed by the teacher resulting in |
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4-14 |
the alleged disability, and that the alleged disability is not the result of willful negligence or |
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4-15 |
misconduct on the part of the teacher, and is not the result of age or length of service, and that the |
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4-16 |
teacher is physically or mentally incapacitated for the performance of duties of the position with |
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4-17 |
or without reasonable accommodation and should, therefore, be retired. |
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4-18 |
(b) The application shall be made within five (5) years of the alleged accident from |
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4-19 |
which the injury has resulted in the teacher's present disability, and shall be accompanied by an |
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4-20 |
accident report and a physician's report certifying to the disability; provided, that, if the teacher |
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4-21 |
was able to return to his or her employment and subsequently reinjures or aggravates the same |
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4-22 |
injury, the application shall be made within the later of five (5) years of the alleged accident or |
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4-23 |
three (3) years of the reinjury or aggravation. The application |
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4-24 |
is permanently and totally disabled from any employment with or without reasonable |
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4-25 |
accommodation. |
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4-26 |
(c) If a medical examination conducted by three (3) physicians engaged by the retirement |
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4-27 |
board, and any investigation that the retirement board may desire to make, shall show that the |
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4-28 |
teacher is physically or mentally incapacitated for the performance of service as a natural and |
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4-29 |
proximate result of an accident, while in the performance of duty, and that the disability is not the |
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4-30 |
result of willful negligence or misconduct on the part of the teacher, and is not the result of age or |
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4-31 |
length of service, and that the teacher has not attained the age of sixty-five (65) years, and that the |
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4-32 |
teacher should be retired, the physicians who conducted the examination shall so certify to the |
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4-33 |
retirement board stating the time, place, and conditions of service performed by the teacher |
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4-34 |
resulting in the disability, and the retirement board may grant the teacher an accidental disability |
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benefit. |
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(d) The retirement board shall establish uniform eligibility requirements, standards, and |
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5-3 |
criteria for accidental disability which shall apply to all members who make application for |
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5-4 |
accidental disability benefits. |
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(e) The provisions of this section are subject to the provisions of section 28-33-18.2 |
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5-6 |
suitable alternative employment and section 28-33-47 reinstatement of injured worker. |
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5-7 |
16-16-19. Reexamination of disability beneficiaries -- Reduction of benefit -- |
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5-8 |
Reinstatement to active service. – (a) Once each year the retirement board may, and upon his or |
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5-9 |
her application shall, require any disability beneficiary under the minimum age of service |
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5-10 |
retirement to undergo a medical examination, the examination to be made at the place of |
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5-11 |
residence of the beneficiary, or other place mutually agreed upon, by a physician or physicians |
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5-12 |
engaged by the retirement board. If the examination indicates that the beneficiary is able to |
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5-13 |
engage in a gainful occupation, with or without reasonable accommodations, his or her name |
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5-14 |
shall be placed on appropriate reemployment lists of candidates prepared for appointment to |
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5-15 |
positions in his or her department or agency for which he or she is stated to be qualified, of a |
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5-16 |
salary grade not exceeding that from which he or she was last retired. Should the beneficiary be |
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5-17 |
engaged in a gainful occupation or should he or she be offered service as a result of the placing of |
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5-18 |
his or her name on a list of candidates, the retirement board shall adjust, and, from time to time |
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5-19 |
readjust, the amount of his or her disability benefit to an amount which shall not exceed the rate |
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5-20 |
of benefit upon which he or she was originally retired, and which, when added to the amount then |
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5-21 |
earnable by him or her, shall not exceed his or her rate of annual compensation currently for the |
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5-22 |
classification that the disability annuitant held prior to retirement. Should any disability |
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5-23 |
beneficiary under the minimum age of service retirement refuse to submit to one medical |
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5-24 |
examination in any year by a physician or physicians designated by the retirement board, his or |
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5-25 |
her benefit shall be discontinued until his or her withdrawal of the refusal, and should his or her |
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5-26 |
refusal continue for one year, all his or her rights in and to the benefit shall be revoked by the |
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5-27 |
retirement board. A disability beneficiary, reinstated to active service, shall be reinstated as a |
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5-28 |
member and participate in the rights of the retirement system, to the same extent as any other |
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5-29 |
teacher. |
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5-30 |
(b) The provisions of this section are subject to the provisions of section 28-33-18.2 |
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5-31 |
suitable alternative employment and section 28-33-47 reinstatement of injured worker. |
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5-32 |
SECTION 4. Sections 36-10-12, 36-10-14 and 36-10-17 of the General Laws in Chapter |
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5-33 |
36-10 entitled "Retirement System-Contributions and Benefits" are hereby amended to read as |
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5-34 |
follows: |
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36-10-12. Retirement for ordinary disability. -- (a) Application for ordinary disability |
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6-2 |
may be made by a member, his or her department head, or a person acting in the member's behalf, |
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6-3 |
while in active service or on leave of absence for illness, provided that the member has had five |
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6-4 |
(5) or more years of total service of which at least three (3) consecutive years shall have been as |
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6-5 |
an employee of the state or as a teacher as defined in chapter 16 of title 16 and the member is not |
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6-6 |
entitled to a regular service retirement allowance. A statement from a physician shall accompany |
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6-7 |
the application stating that the member is physically or mentally incapacitated for the |
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6-8 |
performance of |
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6-9 |
he or she should be retired. |
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6-10 |
(b) A medical examination of the member shall be made by three (3) physicians engaged |
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6-11 |
by the retirement board for this purpose, and should the medical examination show that the |
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6-12 |
member is physically or mentally incapacitated for the performance of duty and ought to be |
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6-13 |
retired, the physicians shall so report and certify to the retirement board, and the retirement board |
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6-14 |
may retire the member for ordinary disability. |
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6-15 |
(c) The retirement board shall establish uniform eligibility requirement standards and |
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6-16 |
criteria for ordinary disability which shall apply to all members who make application for |
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6-17 |
retirement for ordinary disability. |
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6-18 |
(d) The provisions of this section are subject to the provisions of section 28-33-18.2 |
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6-19 |
suitable alternative employment and section 28-33-47 reinstatement of injured worker. |
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6-20 |
36-10-14. Retirement for accidental disability. -- (a) Medical examination of an active |
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6-21 |
member or a member on leave of absence for illness or injury for accidental disability and |
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6-22 |
investigation of all statements and certificates by him or her or in his or her behalf in connection |
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6-23 |
therewith shall be made upon the application of the head of the department in which the member |
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6-24 |
is employed or upon application of the member, or of a person acting in his or her behalf, stating |
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6-25 |
that the member is physically or mentally incapacitated for the performance of service as a |
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6-26 |
natural and proximate result of an accident while in the performance of duty, and certify the |
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6-27 |
definite time, place, and conditions of the duty performed by the member resulting in the alleged |
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6-28 |
disability, and that the alleged disability is not the result of willful negligence or misconduct on |
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6-29 |
the part of the member, and is not the result of age or length of service, and that the member is |
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6-30 |
mentally or physically incapacitated for the performance of duties of the position with or without |
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6-31 |
reasonable accommodation and should, therefore, be retired. |
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6-32 |
(b) The application shall be made within five (5) years of the alleged accident from |
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6-33 |
which the injury has resulted in the members present disability and shall be accompanied by an |
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6-34 |
accident report and a physicians report certifying to the disability; provided that if the member |
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7-1 |
was able to return to his or her employment and subsequently reinjures or aggravates the same |
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7-2 |
injury, the application shall be made within the later of five (5) years of the alleged accident or |
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7-3 |
three (3) years of the reinjury or aggravation. The application |
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7-4 |
permanently and totally disabled from any employment with or without reasonable |
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7-5 |
accommodation. |
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7-6 |
(c) If a medical examination conducted by three (3) physicians engaged by the retirement |
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7-7 |
board and such investigation as the retirement board may desire to make shall show that the |
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7-8 |
member is physically or mentally incapacitated for the performance of service as a natural and |
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7-9 |
proximate result of an accident, while in the performance of duty, and that the disability is not the |
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7-10 |
result of willful negligence or misconduct on the part of the member, and is not the result of age |
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7-11 |
or length of service, and that the member has not attained the age of sixty-five (65), and that the |
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7-12 |
member should be retired, the physicians who conducted the examination shall so certify to the |
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7-13 |
retirement board stating the time, place, and conditions of service performed by the member |
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7-14 |
resulting in the disability and the retirement board may grant the member an accidental disability |
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7-15 |
benefit. |
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7-16 |
(d) The retirement board shall establish uniform eligibility requirements, standards, and |
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7-17 |
criteria for accidental disability which shall apply to all members who make application for |
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7-18 |
accidental disability benefits. |
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7-19 |
(e) The provisions of this section are subject to the provisions of section 28-33-18.2 |
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7-20 |
suitable alternative employment and section 28-33-47 reinstatement of injured worker. |
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7-21 |
36-10-17. Reexamination of disability beneficiaries -- Reduction of benefit -- |
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7-22 |
Reinstatement to active service. – (a) Once each year the retirement board may, and upon his or |
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7-23 |
her application shall, require any disability beneficiary under the minimum age of service |
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7-24 |
retirement to undergo a medical examination. The examination to be made at the place of |
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7-25 |
residence of the beneficiary or other place mutually agreed upon by a physician or physicians |
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7-26 |
engaged by the retirement board. If the examination indicates that the beneficiary is able to |
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7-27 |
engage in a gainful occupation, with or without reasonable accommodation, his or her name shall |
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7-28 |
be placed on such appropriate reemployment lists of candidates as are prepared for appointment |
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7-29 |
to positions in his or her department or agency for which he or she is stated to be qualified and for |
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7-30 |
a salary grade not exceeding that from which he or she was last retired. Should the beneficiary be |
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7-31 |
engaged in a gainful occupation or should he or she be offered service as a result of the placing of |
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7-32 |
his or her name on a list of candidates, the retirement board shall adjust and from time to time |
|
7-33 |
readjust, the amount of his or her disability benefit to an amount which shall not exceed the rate |
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7-34 |
of benefit upon which he or she was originally retired, and which, when added to the amount then |
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8-1 |
earnable by him or her, shall not exceed his or her rate of annual compensation currently for the |
|
8-2 |
classification that the disability annuitant held prior to retirement. Should any disability |
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8-3 |
beneficiary under the minimum age of service retirement refuse to submit to one medical |
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8-4 |
examination in any year by a physician or physicians designated by the retirement board, his or |
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8-5 |
her benefit shall be discontinued until his or her withdrawal of the refusal and should his or her |
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8-6 |
refusal continue for one year, all his or her rights in and to disability benefit shall be revoked by |
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8-7 |
the retirement board. A disability beneficiary, reinstated to active service, shall be reinstated as a |
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8-8 |
member and participate in the rights of the retirement system to the same extent as any other |
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8-9 |
member. |
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8-10 |
(b) The provisions of this section are subject to the provisions of section 28-33-18.2 |
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8-11 |
suitable alternative employment and section 28-33-47 reinstatement of injured worker. |
|
8-12 |
SECTION 5. Sections 45-21-19, 45-21-21 and 45-21-23 of the General Laws in Chapter |
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8-13 |
45-21 entitled "Retirement of Municipal Employees" are hereby amended to read as follows: |
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8-14 |
45-21-19. Retirement for ordinary disability. -- (a) Any member who has had five (5) |
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8-15 |
or more years of total service, may, upon the member's own application or upon application of the |
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8-16 |
employer, or some person acting in the member's behalf, while in active service or on leave of |
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8-17 |
absence for illness, apply for ordinary disability retirement; provided, that the member is not |
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8-18 |
entitled to a regular service retirement allowance and; provided, that the member has at least three |
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8-19 |
(3) consecutive years of service as an employee of a participating municipality within the five (5) |
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8-20 |
years needed to be eligible under this section. |
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8-21 |
(b) A statement from a physician shall accompany the application stating that the |
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8-22 |
member is physically or mentally incapacitated for the performance of |
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8-23 |
with or without reasonable accommodation and that the member ought to be retired. |
|
8-24 |
(c) A medical examination of the member shall be made by three (3) physicians engaged |
|
8-25 |
by the retirement board for this purpose, and should the medical examination show that the |
|
8-26 |
member is physically or mentally incapacitated for the performance of duty and ought to be |
|
8-27 |
retired, the physicians shall so report and certify to the retirement board and the retirement board |
|
8-28 |
may retire the member for ordinary disability. |
|
8-29 |
(d) The retirement board shall establish uniform eligibility requirement standards and |
|
8-30 |
criteria for ordinary disability which apply to all members who make application for retirement |
|
8-31 |
for ordinary disability. |
|
8-32 |
(e) The provisions of this section are subject to the provisions of section 28-33-18.2 |
|
8-33 |
suitable alternative employment and section 28-33-47 reinstatement of injured worker. |
|
9-34 |
45-21-21. Retirement for accidental disability. -- (a) Any member in active service, or |
|
9-35 |
on leave of absence due to injury or illness, regardless of length of service, is entitled to an |
|
9-36 |
accidental disability retirement allowance. Application for the allowance shall be made by the |
|
9-37 |
member or on the member's behalf, stating that the member is physically or mentally |
|
9-38 |
incapacitated for further service as the result of an injury sustained while in the performance of |
|
9-39 |
duty and certifying the time, place, and conditions of the duty performed by the member which |
|
9-40 |
resulted in the alleged disability, and that the alleged disability was not the result of the willful |
|
9-41 |
negligence or misconduct on the part of the member, and was not the result of age or length of |
|
9-42 |
service, and that the member has not attained the age of sixty-five (65). The application shall be |
|
9-43 |
made within five (5) years of the alleged accident from which the injury has resulted in the |
|
9-44 |
member's present disability and that the member is physically or mentally incapacitated for the |
|
9-45 |
performance of duties of the position with or without reasonable accommodation and shall be |
|
9-46 |
accompanied by an accident report and a physician's report certifying the disability. If a medical |
|
9-47 |
examination made by three (3) physicians engaged by the retirement board, and other |
|
9-48 |
investigations as the board may make, confirm the statements made by the member, the board |
|
9-49 |
may grant the member an accidental disability retirement allowance. |
|
9-50 |
(b) The retirement board shall establish uniform eligibility requirements, standards and |
|
9-51 |
criteria for accidental disability which apply to all members who make application for accidental |
|
9-52 |
disability benefits. |
|
9-53 |
45-21-23. Periodical examination of disability annuitants -- Placement on |
|
9-54 |
employment lists. -- (a) At least once each year the retirement board may, and upon application |
|
9-55 |
shall, require any disability annuitant under the minimum age for service retirement, whether in |
|
9-56 |
receipt of an ordinary disability retirement allowance or an accidental disability retirement |
|
9-57 |
allowance, to undergo a medical examination, the examination to be made at the place of |
|
9-58 |
residence of the annuitant, or other place mutually agreed upon, by a physician or physicians |
|
9-59 |
engaged by the retirement board. |
|
9-60 |
(b) If the examination indicates that the annuitant is able to engage in a gainful |
|
9-61 |
occupation, with or without reasonable accommodation, the annuitant's name shall be placed on |
|
9-62 |
appropriate lists of candidates that are prepared for appointment to positions in the annuitant's |
|
9-63 |
department for which the annuitant is stated to be qualified, of a salary grade not less than that |
|
9-64 |
from which the annuitant was last retired. |
|
9-65 |
(c) The provisions of this section are subject to the provisions of section 28-33-18.2 |
|
9-66 |
suitable alternative employment and section 28-33-47 reinstatement of injured worker. |
|
9-67 |
SECTION 6. Sections 45-21.2-7 and 45-21.2-9 of the General Laws in Chapter 45-21.2 |
|
9-68 |
entitled "Optional Retirement for Members of Police Force and Fire Fighters" are hereby |
|
10-1 |
amended to read as follows: |
|
10-2 |
45-21.2-7. Retirement for ordinary disability. – (a) Any member in active service who |
|
10-3 |
has five (5) years or more of total service and who is not otherwise eligible for retirement may, |
|
10-4 |
upon the member's application or upon application of the employer, be retired on an ordinary |
|
10-5 |
disability retirement allowance, subject to the restrictions set forth in sections 45-21-19, 45-21- |
|
10-6 |
20, 45-21-23, and 45-21-24. |
|
10-7 |
(b) The provisions of this section are subject to the provisions of section 28-33-18.2 |
|
10-8 |
suitable alternative employment and section 28-33-47 reinstatement of injured worker. |
|
10-9 |
45-21.2-9. Retirement for accidental disability. -- (a) Any member in active service, or |
|
10-10 |
on leave of absence due to injury or illness regardless of length of service, is entitled to an |
|
10-11 |
accidental disability retirement allowance. Application for the allowance is made by the member |
|
10-12 |
or on the member's behalf, stating that the member is physically or mentally incapacitated for |
|
10-13 |
further service as the result of an injury sustained while in the performance of duty and certifying |
|
10-14 |
to the time, place, and conditions of the duty performed by the member which resulted in the |
|
10-15 |
alleged disability and that the alleged disability was not the result of the willful negligence or |
|
10-16 |
misconduct on the part of the member, and was not the result of age or length of service, and that |
|
10-17 |
the member has not attained the age of sixty-five (65). The application shall be made within |
|
10-18 |
eighteen (18) months of the alleged accident from which the injury has resulted in the member's |
|
10-19 |
present disability and that the member is physically or mentally incapacitated for the performance |
|
10-20 |
of duties of the position with, or without reasonable accommodation |
|
10-21 |
accompanied by an accident report and a physician's report certifying to the disability. If the |
|
10-22 |
member was able to return to his or her employment and subsequently reinjures or aggravates the |
|
10-23 |
same injury, the member shall make another application within eighteen (18) months of the |
|
10-24 |
reinjury or aggravation which shall be accompanied by a physician's report certifying to the |
|
10-25 |
reinjury or aggravation causing the disability. If a medical examination made by three (3) |
|
10-26 |
physicians engaged by the retirement board, and other investigations as the board may make, |
|
10-27 |
confirms the statements made by the member, the board may grant the member an accidental |
|
10-28 |
disability retirement allowance. |
|
10-29 |
(b) For the purposes of subsection (a), "aggravation" shall mean an intervening work- |
|
10-30 |
related trauma that independently contributes to a member's original injury that amounts to more |
|
10-31 |
than the natural progression of the preexisting disease or condition and is not the result of age or |
|
10-32 |
length of service. The intervening independent trauma causing the aggravation must be an |
|
10-33 |
identifiable event or series of work-related events that are the proximate cause of the member's |
|
10-34 |
present condition of disability. |
|
11-1 |
(c) "Occupational cancer", as used in this section, means a cancer arising out of |
|
11-2 |
employment as a fire fighter, due to injury due to exposures to smoke, fumes, or carcinogenic, |
|
11-3 |
poisonous, toxic, or chemical substances while in the performance of active duty in the fire |
|
11-4 |
department. |
|
11-5 |
(d) For purposes of subsection (a), "reinjury" shall mean a recurrence of the original |
|
11-6 |
work-related injury from a specific ascertainable event. The specific event must be the proximate |
|
11-7 |
cause of the member's present condition of disability. |
|
11-8 |
(e) Any fire fighter, including one employed by the state, or a municipal firefighter |
|
11-9 |
employed by a municipality that participates in the optional retirement for police officers and fire |
|
11-10 |
fighters as provided in this chapter, who is unable to perform his or her duties in the fire |
|
11-11 |
department by reason of a disabling occupational cancer which develops or manifests itself |
|
11-12 |
during a period while the fire fighter is in the service of the department, and any retired member |
|
11-13 |
of the fire force of any city or town who develops occupational cancer, is entitled to receive an |
|
11-14 |
occupational cancer disability and he or she is entitled to all of the benefits provided for in this |
|
11-15 |
chapter, chapters 19, 19.1, and 21 of this title and chapter 10 of title 36 if the fire fighter is |
|
11-16 |
employed by the state. |
|
11-17 |
(f) In the event that any party is aggrieved by the determination of the retirement board |
|
11-18 |
pursuant to section 45-19-1, for an injury occurring on or after July 1, 2011, the party may submit |
|
11-19 |
an appeal to the Rhode Island workers' compensation court. The appellant shall file a notice of |
|
11-20 |
appeal with the retirement board and shall serve a copy of the notice of appeal upon the opposing |
|
11-21 |
party. |
|
11-22 |
(g) Within twenty (20) days of the receipt of the notice of appeal, the retirement board |
|
11-23 |
shall transmit the entire record of proceedings before it, together with its order, to the workers' |
|
11-24 |
compensation court. |
|
11-25 |
(h) In the event that a party files a notice of appeal to the workers' compensation court, |
|
11-26 |
the order of the retirement board shall be stayed pending further action by the court pursuant to |
|
11-27 |
the provisions of Rhode Island general law section 28-35-20. |
|
11-28 |
(i) Upon receipt of the record of proceedings before the retirement board, the court shall |
|
11-29 |
assign the matter to a judge and shall issue a notice at the time advising the parties of the judge to |
|
11-30 |
whom the case has been assigned and the date for pretrial conference in accordance with Rhode |
|
11-31 |
Island general law section 28-35-20. |
|
11-32 |
(j) All proceedings filed with the workers' compensation court pursuant to this section |
|
11-33 |
shall be de novo and shall be subject to the provisions of chapters 29 to 38 of Title 28 for all case |
|
11-34 |
management procedures and dispute resolution processes, as provided under the rules of workers' |
|
12-1 |
compensation court. Where the matter has been heard and decided by the workers' compensation |
|
12-2 |
court, the court shall retain jurisdiction to review any prior orders or decrees entered by it. Such |
|
12-3 |
petitions to review shall be filed directly with the workers' compensation court and shall be |
|
12-4 |
subject to the case management and dispute resolution procedures set forth in chapters 29 through |
|
12-5 |
38 of title 28 ("Labor and Labor Relations"). |
|
12-6 |
(k) If the court determines that a member qualifies for accidental disability retirement, |
|
12-7 |
the member shall receive a retirement allowance equal to sixty-six and two-thirds percent (66 |
|
12-8 |
2/3%) of the rate of the member's compensation at the date of the member's retirement, subject to |
|
12-9 |
the provisions of section 45-21-31. |
|
12-10 |
SECTION 7. This act shall take effect on January 1, 2013. |
|
| |
|
======= | |
|
LC01620 | |
|
======= | |
|
EXPLANATION | |
|
BY THE LEGISLATIVE COUNCIL | |
|
OF | |
|
A N A C T | |
|
RELATING TO LABOR AND LABOR RELATIONS - RE-EMPLOYMENT OF WORKERS | |
|
WHO BECOME DISABLED | |
|
*** | |
|
13-1 |
This act would allow the reemployment of employees who suffer a disability while in |
|
13-2 |
government service. |
|
13-3 |
This act would take effect on January 1, 2013. |
|
| |
|
======= | |
|
LC01620 | |
|
======= |