2012 -- H 7817

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LC01795

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO TOWNS AND CITIES - RELIEF OF INJURED AND DECEASED FIRE

FIGHTERS AND POLICE OFFICERS

     Introduced By: Representatives Guthrie, DaSilva, Menard, Jacquard, and Johnston

     Date Introduced: February 28, 2012

     Referred To: House Finance

It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 45-19-4, 45-19-4.1, 45-19-4.2, 45-19-4.3, 45-19-12, 45-19-12.1,

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45-19-12.3 and 45-19-16 of the General Laws in Chapter 45-19 entitled "Relief of Injured and

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Deceased Fire Fighters and Police Officers" are hereby amended to read as follows:

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     45-19-4. Annuities to dependents of deceased police officers and appropriations to

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nondependent parents of police officers. -- (a) If an active or retired member of the police force

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of a city or town, or state of Rhode Island, or quasi-public corporation is killed or dies from

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injuries received while in the performance of his or her duty as a member, or dies of a heart

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condition or any condition derived from hypertension while still a member, there shall be paid out

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of the police officer's relief fund of Rhode Island to the following dependents of the deceased

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person, the following sums of money:

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      (1) To the widow or widower or domestic partner an annuity not exceeding three

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thousand six hundred dollars ($3,600) a year, payable in the number of regular installments

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determined by the board and continuing as long as he or she remains unmarried or not in a

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domestic partnership and commencing with the date of death but not more than six (6) months

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prior to the date of filing of the petition by the widow or widower or domestic partner; provided,

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that if the member died more than six (6) months prior to the filing of the petition then the

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payments are to commence no sooner than six (6) months prior to the date of petition;

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      (2) An additional annuity of twelve hundred dollars ($1,200) a year, payable in the

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number of regular installments determined by the board, for each child of the deceased person

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during the time that the child is under the age of eighteen (18) years, or over the age and

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physically or mentally incapacitated from earning. If there is any child and no widow or widower

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or domestic partner or the widow or widower or domestic partner dies later, the sum and the

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annuity that would have been payable to the widow or widower or domestic partner had there

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been one or had he or she lived, to or for the benefit of the child or of the children, in equal

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shares, during the time previously stated;

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      (3) If there is any child and the widow or widower or domestic partner remarries or

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enters in a domestic partnership, in lieu of the previously stated annuity to him or her, an annuity

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not exceeding twelve hundred dollars ($1,200) to or for the benefit of each child during the time

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previously stated;

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      (4) If there is no widow or widower or domestic partner and no child the total sum of ten

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thousand dollars ($10,000) payable in a lump sum for the benefit of the father and/or mother of

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the deceased, if not dependent upon him or her for support at the time of his or her death; and

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      (5) If there is no widow or widower or domestic partner and no child, the sum of three

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thousand six hundred dollars ($3,600) payable in regular installments by the board of police

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officer's relief to or for the benefit of the father or mother of the deceased, if dependent upon him

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or her for support at the time of his or her death, and commencing with the date of death but not

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more than six (6) months prior to the date of filing the petition; provided, that if the member died

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more than six (6) months prior to the filing of the petition then the payments are to commence no

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sooner than six (6) months prior to the date of the petition and continuing so long as the

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beneficiary is unable to support himself or herself and does not remarry or enter into a domestic

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partnership, an annuity not exceeding three thousand six hundred dollars ($3,600) a year, payable

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in regular installments determined by the board. The amount of the annuity shall, from time to

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time, be determined within the limits previously stated by the board.

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      (b) For the purpose of this section the words "police officer" shall mean and include any

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active or retired member of the state police or the police of any city or town regularly employed

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at a fixed salary or wage or any executive high sheriff, sheriff, deputy sheriff, member of the

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fugitive task force, or capitol police officer, permanent environmental police officer or criminal

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investigator of the department of environmental management, or airport police officer.

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      (c) The provisions of this section apply in the case of any dependent receiving benefits in

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accordance with the provisions of this section as it was in effect prior to April 25, 1960.

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      (d) The provisions of this section apply in the case of any active or retired police officer

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who from and after January 1, 1935, was killed or died from injuries received while in the

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performance of duty, or dies of a heart condition or any condition derived from hypertension.

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      (e) The amount of the annuity shall not be reduced by reason of receipt of an annuity

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and/or other payments to any beneficiaries from any other source.

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      (f) Upon the death of a member, the police chief shall immediately notify the widow or

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widower or domestic partner of the member by registered or certified mail, return receipt

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requested, of the widow or widower's or domestic partner's possible eligibility for benefits under

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this chapter and the time restriction for filing a claim for these benefits.

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      (g) For purposes of this chapter, "domestic partner" shall be defined as a person who,

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prior to the decedent's death, was in an exclusive, intimate and committed relationship with the

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decedent, and who certifies by affidavit that their relationship met the following qualifications:

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      (1) Both partners were at least eighteen (18) years of age and were mentally competent

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to contract;

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      (2) Neither partner was married to anyone else;

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      (3) Partners were not related by blood to a degree which would prohibit marriage in the

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state of Rhode Island;

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      (4) Partners resided together and had resided together for at least one year at the time of

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death; and

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      (5) Partners were financially interdependent as evidenced by at least two (2) of the

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following:

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      (i) Domestic partnership agreement or relationship contract;

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      (ii) Joint mortgage or joint ownership of primary residence;

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      (iii) Two (2) of: (A) joint ownership of motor vehicle; (B) joint checking account; (C)

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joint credit account; (D) joint lease; and/or

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      (iv) The domestic partner had been designated as a beneficiary for the decedent's will,

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retirement contract or life insurance.

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     45-19-4.1. Tuition to children of police officers dying or disabled as a result of

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service. -- (a) If an active member of the police force of a city or town, or state of Rhode Island,

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or of a quasi-public corporation is killed, dies, or becomes totally and permanently disabled from

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injuries received while in the performance of his or her duty as a member, or dies of a heart

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condition or any condition derived from hypertension while still a member, there shall be paid out

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of the general fund of the state of Rhode Island the charges for the tuition of children of the

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deceased or totally and permanently disabled police officer and/or the spouse of a police officer

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killed in the line of duty. The benefits are extended to the children and/or spouse who are

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attending or may attend the University of Rhode Island, Rhode Island College, or any other

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college or university operated by the state; provided, that the child has entered the institution

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while between the ages of sixteen (16) and twenty-one (21); and provided, further, that the aid

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granted is available to the child and/or spouse for the period of time that may equal the normal

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time for completing the courses regularly offered by the institution, but in no case more than four

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(4) years.

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      (b) For the purpose of this section, the words "police officer" shall mean and include any

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member of the state police, any correctional officer within the department of corrections, or the

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police of any city or town regularly employed at a fixed salary or wage. Furthermore, this

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excludes auxiliary and volunteer police officers of city, town, or state police or any executive

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high sheriff, sheriff, deputy sheriff, member of the fugitive task force, or capitol police officer,

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permanent environmental police officer or criminal investigator of the department of

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environmental management, or airport police officer. For the purpose of this section, the words

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"totally and permanently disabled" mean any impairment of mind or body making it impossible

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for one to follow continuously a gainful occupation.

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     45-19-4.2. Tuition to police officers disabled as a result of service. -- (a) If an active

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member of the police force of a city or town becomes totally and permanently disabled from

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injuries received while in the performance of his or her duty as a member, or if any member of

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the police force of a city or town becomes totally and permanently disabled from injuries received

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while in the performance of his or her duty, there shall be paid out of the general fund of the state

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of Rhode Island the charges for the tuition of the totally and permanently disabled police officer.

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The benefits are extended to members who are attending or may attend the university of Rhode

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Island, Rhode Island college, or any other college or university operated by the state; provided,

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that the aid granted in this section is available for the period of time that may equal the normal

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time for completing the courses regularly offered by the institution, but in no case more than four

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(4) years.

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      (b) For the purpose of this section the words "police officer" shall mean and include any

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member of the state police or the police of any city or town regularly employed at a fixed salary

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or wage or any executive high sheriff, sheriff, deputy sheriff, member of the fugitive task force,

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or capitol police officer, permanent environmental police officer or criminal investigator of the

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department of environmental management, or airport police officer. Furthermore, this excludes

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auxiliary and volunteer police officers of city, town, or state police.

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     45-19-4.3. One time death benefit -- Death benefits to family of deceased police

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officers, correctional officers, and firefighters. -- (a) If an active or retired police officer,

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capitol police officer, correctional officer, airport police officer, permanent environmental police

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officer or criminal investigator of the department of environmental management, firefighter, crash

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rescue crew person, airport firefighter, fire marshal, or deputy fire marshal of any city, town, fire

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district, or the state of Rhode Island or state sheriff or state deputy sheriff or a correctional officer

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or member of a volunteer auxiliary fire force or volunteer crash rescue or ambulance corps is

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killed or dies from injuries received while in the performance of his or her duties, there shall be

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paid a killed-in-line-of-duty benefit to be administered by the board of police officer's and

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firefighter's relief. The benefit shall be in the sum of forty percent (40%) of the federal death

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benefits for law enforcement officers and firefighters killed in the line of duty. The benefit shall

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be paid as follows:

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      (1) If there is no surviving child of such officer, to the surviving spouse or domestic

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partner of such officer;

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      (2) If there is a surviving child or children and a surviving spouse or domestic partner,

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one-half (1/2) to the surviving child or children of such officer in equal shares and one-half (1/2)

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to the surviving spouse or domestic partner;

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      (3) If there is no surviving spouse or domestic partner, to the child or children of said

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officer in equal shares;

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      (4) If there is no surviving spouse, domestic partner, or surviving child, to the individual

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designated by such officer as beneficiary under such officer's most recently executed life

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insurance policy; provided, that such individual survived such officer; or

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      (5) If none of the above, to the parent or parents of such officer in equal shares.

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      (b) Domestic partners shall certify by affidavit to the board of police officer's and

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firefighter's relief that the: (1) partners are at least eighteen (18) years of age and mentally

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competent to contract; (2) partners are not married to anyone; (3) partners are not related by blood

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to a degree which would prohibit marriage in the state of Rhode Island; (4) partners reside

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together and have resided together for at least one year; (5) partners are financially interdependent

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as evidenced by at least two (2) of the following: (i) domestic partnership agreement or

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relationship contract; (ii) joint mortgage or joint ownership of primary residence; (iii) two (2) of:

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(A) joint ownership of motor vehicle; (B) joint checking account; (C) joint credit account; (D)

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joint lease; and/or (iv) the domestic partner has been designated as a beneficiary for the

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deceased's will, retirement contract or life insurance.

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     45-19-12. Annuities to dependents of deceased fire fighters and appropriations to

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nondependent parents of deceased fire fighters. -- (a) If an active or retired member of the fire

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force of a city or town or state of Rhode Island, or quasi-public corporation or fire fighter for the

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town of North Smithfield is killed or dies from injuries received while in the performance of his

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or her duty as a member or dies of a heart condition, respiratory ailments, or any condition

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derived from hypertension while still a member, there shall be paid out of the fire fighter's relief

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fund of Rhode Island to the following dependents of the deceased person, the following sums of

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money:

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      (1) To the widow or widower or domestic partner an annuity not exceeding three

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thousand six hundred dollars ($3,600) a year, payable in the number of regular installments

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determined by the board and continuing as long as he or she remains unmarried or not in a

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domestic partnership and commencing with the date of death but not more than six (6) months

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prior to the date of filing of the petition by the widow or widower or domestic partner;

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      (2) An additional annuity of one thousand two hundred dollars ($1,200) a year, payable

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in the number of regular installments determined by the board, for each child of the deceased

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person during the time that the child is under the age of eighteen (18) years, or over the age and

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physically or mentally incapacitated from earning;

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      (3) If there is no widow or widower or domestic partner and no child, the total sum of ten

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thousand dollars ($10,000), payable in a lump sum for the benefit of the father and/or mother of

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the deceased, if not dependent upon him or her for support at the time of his or her death;

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      (4) If there is any child and no widow or widower or domestic partner or the widow or

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widower or domestic partner dies later, the sum and the annuity that should have been payable to

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the widow or widower or domestic partner had there been one or had he or she lived, to or for the

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benefit of the child or of the children, in equal shares during the previously stated time;

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      (5) If there is any child, and the widow or widower or domestic partner remarries or

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enters into a domestic partnership, in lieu of the previously stated annuity to him or her, an

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annuity not exceeding one thousand two hundred dollars ($1,200) to or for the benefit of each

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child during the time previously stated; and

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      (6) If there is no widow or widower or domestic partner and no child, the sum of three

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thousand six hundred dollars ($3,600) payable in regular installments by the board of fire fighter's

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relief, to or for the benefit of the father or mother of the deceased, if dependent upon him or her

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for support at the time of his or her death, and commencing with the date of death but not more

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than six (6) months prior to the date of filing of the petition and continuing so long as the

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beneficiary is unable to support himself or herself and does not remarry or enter into a domestic

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partnership, an annuity not exceeding three thousand six hundred dollars ($3,600) a year, payable

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in the number of regular installments determined by the board.

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      (b) The amount of the annuity shall, from time to time, be determined within the limits

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previously stated by the board.

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      (c) The provisions of this section shall in the case of any active or retired member of the

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fire force of any city or town or fire fighter for the town of North Smithfield who, from and after

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January 1, 1935, is killed or dies from injuries received while in the performance of his or her

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duty, or dies of a heart condition, respiratory ailments, or any condition derived from

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hypertension. The provisions of this section shall only be construed to apply prospectively.

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      (d) The amount of the annuity shall not be reduced by reason of receipt of any annuity

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and/or other payments to any beneficiary from any other source.

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      (e) Upon the death of a member, the fire chief shall immediately notify the widow or

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widower or domestic partner of the member, in writing, by registered or certified mail, return

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receipt requested, of the widow or widower's or domestic partner's possible eligibility for benefits

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under this chapter and the time restriction for filing a claim for the benefits.

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     45-19-12.1. Tuition to children of deceased or disabled fire fighters. -- (a) If an active

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member of the fire force of a city or town or crash rescue crew persons or airport firefighters of

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the state of Rhode Island is killed or dies or becomes totally and permanently disabled from

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injuries received while in the performance of his or her duty as a member, or dies of a

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performance related heart condition, or dies of performance related respiratory ailments, or dies

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of any conditions derived from performance related hypertension, there shall be paid, out of the

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general fund of the state of Rhode Island, the charges for the tuition of children of the deceased or

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totally and permanently disabled fire fighters. The benefits shall be extended to the children who

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are attending or may attend the University of Rhode Island, Rhode Island College, or any other

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college or university operated by the state; provided, that the child has entered the institution

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while between the ages of sixteen (16) and twenty-one (21); and provided, further, that the aid

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granted in this section is available to the child for a period of time that equals the normal time for

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completing the courses regularly offered by the institution, but in no case more than four (4)

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years.

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      (b) For the purposes of this section, the words "members of fire force" mean and include

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any member of a fire force or crash rescue crew persons of any city or town regularly employed

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at a fixed salary or wage; this includes auxiliary and volunteer fire fighters and crash rescue crew

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persons of any city, town, or state fire fighting department.

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     45-19-12.3. Tuition to disabled fire fighters. -- (a) If an active member of the fire force

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of a city or town or crash rescue crew persons or airport firefighters of the state of Rhode Island

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becomes totally and permanently disabled from injuries received while in the performance of his

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or her duty as a member, or if any member of the fire force of a city or town or crash rescue crew

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persons of the state of Rhode Island becomes totally and permanently disabled from injuries

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received while in the performance of his or her duty, there shall be paid, out of the general fund

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of the state of Rhode Island, the charges for the tuition of totally and permanently disabled fire

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fighters. The benefits are extended to members who are attending or may attend the University of

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Rhode Island, Rhode Island College, or any other college or university operated by the state;

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provided, that the aid granted in this section is available for a period of time that equals the

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normal time for completing the courses regularly offered by the institution, but in no case more

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than four (4) years.

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      (b) For the purposes of this section, the words "members of fire force" mean and include

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any member of a fire force or crash rescue crew persons of any city or town regularly employed

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at a fixed salary or wage; this includes auxiliary and volunteer fire fighters and crash rescue crew

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persons and airport firefighters of any city, town or state fire fighting department.

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     45-19-16. Presumption of disability in the line of fire fighting duty. --

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Notwithstanding the provisions of any general or special law or to any state or municipal

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retirement system, any city or town, or quasi-public corporation, may, by ordinance, provide that

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every condition of impairment of health caused by smoke inhalation of the lungs or respiratory

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tract, resulting in total disability or death to a uniformed member of a paid fire department, is

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presumed to have been suffered in the line of duty as a result of the inhalation of noxious fumes

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or poisonous gases, unless the contrary is shown by competent evidence; provided, that the

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person benefiting by the presumption passes a physical examination upon entry into service or

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subsequent to entry an examination failed to reveal any evidence of the condition.

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     SECTION 2. This act shall take effect upon passage.

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LC01795

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO TOWNS AND CITIES - RELIEF OF INJURED AND DECEASED FIRE

FIGHTERS AND POLICE OFFICERS

***

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     This act would change the definition of “Police Officer” for the purposes of relief of

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injured and deceased fire fighters and police officers, and also would include members of the

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police forces of the State of Rhode Island or quasi-public corporations, and airport fire fighters in

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benefits and relief provided under current law.

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     This act would take effect upon passage.

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LC01795

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