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:

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

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hereby amended by adding thereto the following section:

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

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

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

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

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assistance within the physical boundaries of the state at any occurrence involving the protection

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or rescue of human life which necessitates that they respond in a professional capacity when they

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would normally be considered by their employer to be officially off duty, the state of Rhode

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Island, (by which the correctional officer is employed), shall, during the period of the incapacity:

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

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officer would be entitled had they not been incapacitated; and

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

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

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

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

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equipment.

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

 

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their home. In addition, the state shall pay all similar expenses incurred by a member who has

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been placed on a disability pension and suffers a recurrence of the injury or illness that dictated

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their disability retirement.

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     (d) 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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     (e) A person who so applies shall continue to receive injured-on-duty (IOD) payments,

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

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the event of a final ruling of the workers' compensation court allowing accidental disability

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

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

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bargaining 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 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

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

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would extend that coverage to certain injuries suffered during off-duty emergencies, travel to

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work and returning to their home.

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     This act would take effect upon passage.

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