2014 -- H 7184

========

LC003603

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

____________

A N   A C T

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

FIGHTERS AND POLICE OFFICERS

     Introduced By: Representatives Guthrie, and Johnston

     Date Introduced: January 23, 2014

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

     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,

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

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

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

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

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

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

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

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

person, the following sums of money:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

shares, during the time previously stated;

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

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

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

previously stated;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

LC003603 - Page 2 of 9

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

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

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

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

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

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

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

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

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

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

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

to contract;

      (2) Neither partner was married to anyone else;

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

state of Rhode Island;

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

death; and

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

following:

      (i) Domestic partnership agreement or relationship contract;

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

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

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

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

retirement contract or life insurance.

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

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

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

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

of a heart condition or any condition derived from hypertension while still a member, there shall

be paid out of the general fund of the state of Rhode Island the charges for the tuition of children

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

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

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

LC003603 - Page 3 of 9

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

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

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

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

(4) years.

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

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

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

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

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

permanent environmental police officer or criminal investigator of the department of

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

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

for one to follow continuously a gainful occupation.

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

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

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

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

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

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

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

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

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

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

(4) years.

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

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

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

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

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

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

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

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

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

LC003603 - Page 4 of 9

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

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

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

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

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

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

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

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

be paid as follows:

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

partner of such officer;

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

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

to the surviving spouse or domestic partner;

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

officer in equal shares;

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

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

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

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

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

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

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

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

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

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

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

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

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

deceased's will, retirement contract or life insurance.

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

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

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

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

LC003603 - Page 5 of 9

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

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

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

money:

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

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

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

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

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

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

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

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

physically or mentally incapacitated from earning;

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

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

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

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

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

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

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

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

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

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

child during the time previously stated; and

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

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

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

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

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

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

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

in the number of regular installments determined by the board.

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

previously stated by the board.

LC003603 - Page 6 of 9

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

years.

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

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

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

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

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

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

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

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

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

LC003603 - Page 7 of 9

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

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

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

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

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

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

than four (4) years.

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

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

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

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

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

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

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

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

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

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

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

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

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

     SECTION 2. This act shall take effect upon passage.

========

LC003603

========

LC003603 - Page 8 of 9

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

***

     This act would expand the definitions of police officers and fire fighters to include

several other classes of law enforcement officials for the purposes of determining their eligibility

for relief and benefits for injuries sustained while on the job.

     This act would take effect upon passage.

========

LC003603

========

LC003603 - Page 9 of 9