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:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

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

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

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

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

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

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

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

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

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

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provisions of subsection (j) herein.

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

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

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and any deputy sheriff, member of the fugitive task force, or capitol police officer, permanent

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environmental police officer or criminal investigator of the department of environmental

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management, or airport police officer, or correctional investigator and corrections officer of the

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Rhode Island department of corrections.

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

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

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

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or district in any city or town.

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

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

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

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

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

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

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23.

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

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

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

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procedures and dispute resolution for all benefits.

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

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

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

 

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or rescue of human life.

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

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

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

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

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

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

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

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emergency involving the protection or rescue of human life.

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

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

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

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are true and correct."

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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forth in the applicable collective bargaining agreement.

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

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

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

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

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

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payment terminated.

 

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

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

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

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

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

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agreement.

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     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

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

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if disabled in the line of duty.

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     This act would take effect upon passage.

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