2016 -- H 7791

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LC005128

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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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: Representatives Carnevale, McKiernan, and O'Brien

     Date Introduced: March 02, 2016

     Referred To: House Finance

     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 their duties, is wholly or partially incapacitated by reason of injuries received

or illness contracted in the performance of their duties, or due to their rendering of emergency

assistance within the physical boundaries of the state 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:

     (1) Pay the correctional officer, the salary or wage and benefits to which the correctional

officer would be entitled had they not been incapacitated; and

     (2) Pay the medical, surgical, dental, optical, or other attendance, or treatment, nurses,

and hospital services, medicines, crutches, and apparatus for the necessary period.

     (b) The state shall be obligated to pay only the difference between the maximum amount

allowable under existing insurance coverage and the actual cost of the treatment, service, or

equipment.

     (c) This section applies to correctional officers while traveling to work and returning to

their home. In addition, the state 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

their disability retirement.

     (d) 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."

     (e) 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 off-duty emergencies, travel to

work and returning to their home.

     This act would take effect upon passage.

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LC005128

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