2015 -- S 0922

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO TOWNS AND CITIES - ACCIDENTAL DISABILITY ALLOWANCE

     Introduced By: Senators DaPonte, DiPalma, Lombardo, Walaska, and Pearson

     Date Introduced: May 14, 2015

     Referred To: Senate Finance

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 45-21-22 of the General Laws in Chapter 45-21 entitled

"Retirement of Municipal Employees" is hereby amended to read as follows:

     45-21-22. Accidental disability allowance. -- Upon retirement for accidental disability,

a member receives a retirement allowance equal to sixty-six and two-thirds percent (66 2/3%) of

the rate of the member's compensation at the date of the member's retirement subject to the

provisions of section 45-21-31. (a) For disability applications submitted on or before June 30,

2015, upon retirement for accidental disability under § 45-21-21, a member shall receive a benefit

which shall be equal to sixty-six and two-thirds percent (66 2/3%) of his or her annual

compensation at the time of his or her retirement, subject to the provisions of § 45-21-31.

     (b) Upon any application for accidental disability submitted on or after July 1, 2015, if

the member has been found to be permanently and totally disabled from service, but has not been

found by the board to be permanently and totally disabled from any employment as a result of his

or her accidental disability, a member shall receive a retirement allowance equal to fifty percent

(50%) of the rate of the member’s compensation at the date of the member’s retirement, subject

to the provisions of § 45-21-31. The retiree shall, as a condition of continued receipt of a

disability retirement allowance, on or before a date fixed by the retirement board, annually under

penalties of perjury provide the board with such affidavits and accurate evidence of earnings,

employment and gainful activity as the board may require, including, but not limited to, joint

and/or individual tax returns. Payment of the disability retirement allowance shall continue as

long as the individual remains disabled, and regardless of service or age.

     (c) Upon retirement for accidental disability that has been found by the board to be

permanently and totally disabling from any employment, a member shall receive a retirement

allowance equal to sixty-six and two-thirds percent (66 2/3%) of the rate of the member’s

compensation at the date of the member’s retirement subject to the provisions of § 45-21-31. The

retirement board shall apply the terms of §28-33-17(b) in determining total disability.

     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 - ACCIDENTAL DISABILITY ALLOWANCE

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     This act would reduce a disabled municipal employee's disability allowance for any

application submitted on or after July 1, 2015, when the employee is permanently and totally

disabled from state service, but not from all employment.

     This act would take effect upon passage.

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