2014 -- S 2672

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LC004543

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO TOWNS AND CITIES - THE DEPARTMENT OF CORRECTIONS

     Introduced By: Senators Ciccone, Archambault, and Lombardi

     Date Introduced: March 04, 2014

     Referred To: Senate Labor

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 45-19-1 of the General Laws in Chapter 45-19 entitled "Relief of

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

     45-19-1. Salary payment during line of duty illness or injury. -- (a) Whenever any

police officer of the Rhode Island Airport Corporation or whenever any police officer, fire

fighter, crash rescue crewperson, fire marshal, chief deputy fire marshal, or deputy fire marshal of

any city, town, fire district, or the state of Rhode Island is wholly or partially incapacitated by

reason of injuries received or sickness contracted in the performance of his or her duties or due to

their rendering of emergency assistance within the physical boundaries of the state of Rhode

Island at any occurrence involving the protection or rescue of human life which necessitates that

they respond in a professional capacity when they would normally be considered by their

employer to be officially off-duty, the respective city, town, fire district, state of Rhode Island or

Rhode Island Airport Corporation by which the police officer, fire fighter, crash rescue

crewperson, fire marshal, chief deputy fire marshal, or deputy fire marshal, is employed, shall,

during the period of the incapacity, pay the police officer, fire fighter, crash rescue crewperson,

fire marshal, chief deputy fire marshal, or deputy fire marshal, the salary or wage and benefits to

which the police officer, fire fighter, crash rescue crewperson, fire marshal, chief deputy fire

marshal, or deputy fire marshal, would be entitled had he or she not been incapacitated, and shall

pay the medical, surgical, dental, optical, or other attendance, or treatment, nurses, and hospital

services, medicines, crutches, and apparatus for the necessary period, except that if any city,

town, fire district, the state of Rhode Island or Rhode Island Airport Corporation provides the

police officer, fire fighter, crash rescue crewperson, fire marshal, chief deputy fire marshal, or

deputy fire marshal, with insurance coverage for the related treatment, services, or equipment,

then the city, town, fire district, the state of Rhode Island or Rhode Island Airport Corporation is

only obligated to pay the difference between the maximum amount allowable under the insurance

coverage and the actual cost of the treatment, service, or equipment. In addition, the cities, towns,

fire districts, the state of Rhode Island or Rhode Island Airport Corporation shall pay all similar

expenses incurred by a member who has been placed on a disability pension and suffers a

recurrence of the injury or illness that dictated his or her disability retirement, subject to the

provisions of subsection (j) herein.

      (b) As used in this section, "police officer" means and includes any chief or other

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

and any 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, or correctional investigator and corrections officer of the

Rhode Island department of corrections.

      (c) As used in this section, "fire fighter" means and includes any chief or other member

of the fire department or rescue personnel of any city, town, or fire district, and any person

employed as a member of the fire department of the town of North Smithfield, or fire department

or district in any city or town.

      (d) As used in this section, "crash rescue crewperson" means and includes any chief or

other member of the emergency crash rescue section, division of airports, or department of

transportation of the state of Rhode Island regularly employed at a fixed salary or wage.

      (e) As used in this section, "fire marshal," "chief deputy fire marshal", and "deputy fire

marshal" mean and include the fire marshal, chief deputy fire marshal, and deputy fire marshals

regularly employed by the state of Rhode Island pursuant to the provisions of chapter 28.2 of title

23.

      (f) Any person employed by the state of Rhode Island, except for sworn employees of

the Rhode Island State Police, who is otherwise entitled to the benefits of chapter 19 of this title

shall be subject to the provisions of chapters 29 -- 38 of title 28 for all case management

procedures and dispute resolution for all benefits.

      (g) In order to receive the benefits provided for under this section, a police officer or

firefighter must prove to their employer that he or she had reasonable grounds to believe that

there was an emergency which required an immediate need for their assistance for the protection

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or rescue of human life.

      (h) Any claims to the benefits provided for under this section resulting from the

rendering of emergency assistance in the state of Rhode Island at any occurrence involving the

protection or rescue of human life while off-duty, shall first require those covered by this section

to submit a sworn declaration to their employer attesting to the date, time, place and nature of the

event involving the protection or rescue of human life causing the professional assistance to be

rendered and the cause and nature of any injuries sustained in the protection or rescue of human

life. Sworn declarations shall also be required from any available witness to the alleged

emergency involving the protection or rescue of human life.

      (i) All declarations required under this section shall contain the following language:

      "Under penalty of perjury, I declare and affirm that I have examined this declaration,

including any accompanying schedules and statements, and that all statements contained herein

are true and correct."

      (j) Any person receiving injured on-duty benefits pursuant to this section, and subject to

the jurisdiction of the state retirement board for accidental retirement disability, for an injury

occurring on or after July 1, 2011, shall apply for an accidental disability retirement allowance

from the state retirement board not later than the later of eighteen (18) months after the date of the

person's injury that resulted in said person's injured on duty status or sixty (60) days from the date

on which the treating physician certifies that the person has reached maximum medical

improvement. Nothing herein shall be construed to limit or alter any and all rights of the parties

with respect to independent medical examination or otherwise, as set forth in the applicable

collective bargaining agreement. Notwithstanding the forgoing, any person receiving injured on

duty benefits as the result of a static and incapacitating injury whose permanent nature is readily

obvious and ascertainable shall be required to apply for an accidental disability retirement

allowance within sixty (60) days from the date on which the treating physician certifies that the

person's injury is permanent, or sixty (60) days from the date on which such determination of

permanency is made in accordance with the independent medical examination procedures as set

forth in the applicable collective bargaining agreement.

      (1) If a person with injured on duty status fails to apply for an accidental disability

retirement allowance from the state retirement board within the time frame set forth above, that

person's injured on duty payment shall terminate. Further, any person suffering a static and

incapacitating injury as set forth in subsection (j) above and who fails to apply for an accidental

disability benefit allowance as set forth in subsection (j) shall have his or her injured on duty

payment terminated.

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      (2) A person who so applies shall continue to receive injured on duty payments, and the

right to continue to receive IOD payments of a person who so applies shall terminate in the event

of a final ruling of the workers compensation court allowing accidental disability benefits.

Nothing herein shall be construed to limit or alter any and all rights of the parties with respect to

independent medical examination or otherwise, as set forth in the applicable collective bargaining

agreement.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO TOWNS AND CITIES - THE DEPARTMENT OF CORRECTIONS

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     This act would add correctional investigators and correctional officers to the definition of

“police officer” for the purposes of those public safety officials entitled to payment of full salary

if disabled in the line of duty.

     This act would take effect upon passage.

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