2017 -- H 5601

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LC001214

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO TOWNS AND CITIES - OPTIONAL RETIREMENT FOR MEMBERS OF

POLICE AND FIREFIGHTERS

     

     Introduced By: Representatives Almeida, Hull, Lombardi, Jacquard, and Johnston

     Date Introduced: March 01, 2017

     Referred To: House Labor

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 45-21.2-9 of the General Laws in Chapter 45-21.2 entitled

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"Optional Retirement for Members of Police Force and Fire Fighters" is hereby amended to read

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as follows:

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     45-21.2-9. Retirement for accidental disability.

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     (a) Any member in active service, regardless of length of service, is entitled to an

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accidental disability retirement allowance. Application for the allowance is made by the member

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or on the member's behalf, stating that the member is physically or mentally incapacitated for

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further service as the result of an injury or illness sustained while in the performance of duty and

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certifying to the time, place, and conditions of the duty performed by the member which resulted

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in the alleged disability and that the alleged disability was not the result of the willful negligence

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or misconduct on the part of the member, and was not the result of age or length of service, and

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that the member has not attained the age of sixty-five (65). The application shall be made within

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eighteen (18) thirty-six (36) months of the alleged accident from which the injury has resulted in

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the member's present disability and shall be accompanied by an accident report and a physician's

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report certifying to the disability. If the member was able to return to his or her employment and

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subsequently reinjures or aggravates the same injury or illness, the member shall make another

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application within eighteen (18) thirty-six (36) months of the reinjury or aggravation which shall

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be accompanied by a physician's report certifying to the reinjury or aggravation causing the

 

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disability. If a medical examination made by three (3) physicians engaged by the retirement

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board, and other investigations as the board may make, confirms the statements made by the

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member, the board may grant the member an accidental disability retirement allowance.

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     (b) For the purposes of subsection (a), "aggravation" shall mean an intervening work-

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related trauma that independently contributes to a member's original injury or illness that amounts

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to more than the natural progression of the preexisting disease or condition and is not the result of

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age or length of service. The intervening independent trauma causing the aggravation must be an

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identifiable event or series of work-related events that are the proximate cause of the member's

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present condition of disability.

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     (c) "Occupational cancer", as used in this section, means a cancer arising out of

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employment as a fire fighter, due to injury or illness due to exposures to smoke, fumes, or

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carcinogenic, poisonous, toxic, or chemical substances while in the performance of active duty in

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the fire department.

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     (d) For purposes of subsection (a), "reinjury" shall mean a recurrence of the original

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work-related injury or illness from a specific ascertainable event. The specific event must be the

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proximate cause of the member's present condition of disability.

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     (e) Any fire fighter, including one employed by the state, or a municipal firefighter

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employed by a municipality that participates in the optional retirement for police officers and fire

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fighters as provided in this chapter, who is unable to perform his or her duties in the fire

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department by reason of a disabling occupational cancer which develops or manifests itself

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during a period while the fire fighter is in the service of the department, and any retired member

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of the fire force of any city or town who develops occupational cancer, is entitled to receive an

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occupational cancer disability and he or she is entitled to all of the benefits provided for in this

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chapter, chapters 19, 19.1, and 21 of this title and chapter 10 of title 36 if the fire fighter is

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employed by the state.

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     (f) In the event that any party is aggrieved by the determination of the retirement board

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pursuant to § 45-19-1, for an injury or illness occurring on or after July 1, 2011, the party may

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submit an appeal to the Rhode Island workers' compensation court. The appellant shall file a

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notice of appeal with the retirement board and with the workers' compensation court within

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twenty (20) days of the entry of the retirement board's decision and shall serve a copy of the

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notice of appeal upon the opposing party.

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     (g) Within twenty (20) days of the receipt of the notice of appeal, the retirement board

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shall transmit the entire record of proceedings before it, together with its order, to the workers'

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compensation court.

 

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     (h) In the event that a party files a notice of appeal to the workers' compensation court,

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the order of the retirement board shall be stayed pending further action by the court pursuant to

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the provisions of Rhode Island general law § 28-35-20.

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     (i) Upon receipt of the notice of appeal, the court shall assign the matter to a judge and

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shall issue a notice at the time advising the parties of the judge to whom the case has been

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assigned and the date for pretrial conference in accordance with Rhode Island general law § 28-

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35-20.

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     (j) All proceedings filed with the workers' compensation court pursuant to this section

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shall be de novo and shall be subject to the provisions of chapters 29 to 38 of Title 28 for all case

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management procedures and dispute resolution processes, as provided under the rules of workers'

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compensation court. The workers' compensation court shall enter a pretrial order in accordance

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with subsection 28-35-20(c) which grants or denies, in whole or in part, the relief sought by the

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petitioner. The pretrial order shall be effective upon entry and any payments ordered by it shall be

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paid within fourteen (14) days of the entry of the order. Provided, however, that in the event that

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the retirement board files a claim for trial of the pretrial order entered by the court, the order of

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the court shall be stayed until a final order or decree is entered by the court. If after trial and the

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entry of a final decree, the court sustains the findings and orders entered in the pretrial order, the

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retirement board shall reimburse the municipality all benefits paid by it from the time the pretrial

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order was entered until the time the final decree is entered by the court. Where the matter has

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been heard and decided by the workers' compensation court, the court shall retain jurisdiction to

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review any prior orders or decrees entered by it. Such petitions to review shall be filed directly

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with the workers' compensation court and shall be subject to the case management and dispute

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resolution procedures set forth in chapters 29 through 38 of title 28 ("Labor and Labor

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Relations").

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     (k) If the court determines that a member qualifies for accidental disability retirement, the

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

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

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provisions of § 45-21-31.

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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 - OPTIONAL RETIREMENT FOR MEMBERS OF

POLICE AND FIREFIGHTERS

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     This act would add illness sustained while in the performance of duty to the definition of

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accidental disability.

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     This act would take effect upon passage.

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