2015 -- S 0927

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LC002538

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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 STATE AFFAIRS AND GOVERNMENT -- CORRECTIONS

DEPARTMENT--SICKNESS AND INJURY PAY FOR CORRECTIONS PERSONNEL

     Introduced By: Senators Gallo, and Ruggerio

     Date Introduced: May 14, 2015

     Referred To: Senate Labor

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 42-56 of the General Laws entitled "Corrections Department" is

hereby amended by adding thereto the following section:

     42-56-42. Salary payment during line of duty illness or injury. – (a) Whenever any

correctional officer or an employee who works in security or deals directly with inmates, while in

the performance of his or her duties 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 state of Rhode Island, by which the correctional officer is employed, shall,

during the period of the incapacity, pay the correctional officer, the salary or wage and benefits to

which the correctional officer 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, with insurance coverage for

the related treatment, services, or equipment, 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. This section applies to correctional officers while traveling to work and

returning to their home. In addition, the state of Rhode Island 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.

     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."

     (b) A person who so applies shall continue to receive injured-on-duty (IOD) 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 STATE AFFAIRS AND GOVERNMENT -- CORRECTIONS

DEPARTMENT--SICKNESS AND INJURY PAY FOR CORRECTIONS PERSONNEL

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     This act would provide corrections personnel working in security or directly with inmates

full pay and benefits, including reimbursement for non-insurance paid medical expenses, and

would extend that coverage to certain injuries suffered during travel to work and returning to their

home.

     This act would take effect upon passage.

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